80 FR 14019 - Approval and Promulgation of Implementation Plans; Region 4 States; 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide Prevention of Significant Deterioration Infrastructure Plans
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14019-14024 | |
| FR Document | 2015-06112 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Rules and Regulations] [Pages 14019-14024] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06112] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0610; FRL-9924-47-Region 4] Approval and Promulgation of Implementation Plans; Region 4 States; 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide Prevention of Significant Deterioration Infrastructure Plans AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee for inclusion into each State's implementation plan. This action pertains to the Clean Air Act (CAA or Act) infrastructure requirements for the 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide (NO2 ) National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a state implementation plan (SIP) for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. These plans are commonly referred to as ``infrastructure'' SIPs. Specifically, EPA is approving the portions of the submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee that relate to the infrastructure SIP prevention of significant deterioration (PSD) requirements. All other applicable infrastructure requirements for the 2008 Lead, 2008 Ozone and 2010 NO2 NAAQS associated with these States are being addressed in separate rulemakings. DATES: This rule is effective on April 17, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0610. 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 Regulatory Development 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. 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: Sean Lakeman, 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) 562-9043. Mr. Lakeman can be reached via electronic mail at lakeman.sean@epa.gov. SUPPLEMENTARY INFORMATION: I. Background By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) are to be submitted by states within three years after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require states to address basic SIP elements such as for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the newly established or revised 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 the ``infrastructure'' SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state's implementation plan at the time in which the state develops and submits the submission for a new or revised NAAQS. Through this action, EPA is approving the PSD requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) (hereafter ``PSD Elements'') for various infrastructure SIP submissions from the states of Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee. As described further below, for some of these states, EPA is approving the PSD Elements in the infrastructure SIP submissions for the 2008 Lead, 2008 Ozone and 2010 NO2 NAAQS; whereas for other states, EPA is only approving the PSD Elements of the infrastructure SIP submissions for a subset of these NAAQS. All other applicable infrastructure requirements for the 2008 Lead, 2008 Ozone and 2010 NO2 NAAQS associated with these States are being addressed in separate rulemakings. a. 2008 Lead NAAQS For the 2008 Lead NAAQS, EPA is only approving the PSD Elements of the infrastructure SIP submissions from Alabama (received November 4, 2011), Florida (received October 14, 2011), Georgia (received May 14, 2012), Kentucky (received July 17, 2012), Mississippi (received November 17, 2011), and South Carolina (received September 20, 2011). EPA notes that the Agency approved the PSD Elements of Tennessee's 2008 Lead infrastructure SIP submission on August 12, 2013 (78 FR 48806). b. 2008 Ozone NAAQS For the 2008 Ozone NAAQS, EPA is only approving the PSD Elements of the infrastructure SIP submissions from Alabama (received August 20, 2012), Georgia (received March 6, 2012), Mississippi (received May 29, 2012; and resubmitted July 26, 2012), and South Carolina (received on July 17, 2012). EPA notes that the Agency approved the PSD Elements of the infrastructure SIP submissions for the 2008 Ozone NAAQS for Kentucky on March 7, 2013 (78 FR 14691) and November 3, 2014 (79 FR 65143), and Tennessee on March 6, 2013 (78 FR 14450) and January 9, 2014 (79 FR 1593). [[Page 14020]] c. 2010 NO2 NAAQS For the 2010 NO2 NAAQS, EPA is approving the PSD Elements of the infrastructure SIP submissions from Alabama (received April 23, 2013), Florida (received January 22, 2013), Georgia (received March 25, 2013), Kentucky (received April 26, 2013), Mississippi (received February 28, 2013), South Carolina (received April 30, 2014), and Tennessee (received March 13, 2014). EPA is acting upon the PSD Elements portions of SIP submissions that address the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2008 Lead, 2008 Ozone and 2010 NO2 NAAQS for various states in Region 4. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA's review of infrastructure SIP submissions with respect to the PSD program requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) focuses upon the structural PSD program requirements contained in part C and EPA's PSD regulations. Structural PSD program requirements include provisions necessary for the PSD program to address all regulated sources and new source review (NSR) pollutants, including GHGs. On November 13, 2014, EPA published a proposed rulemaking to approve the portions of the above-described infrastructure SIP submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee to address the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA. See 79 FR 67398. Comments on the proposed rulemaking were due on or before December 15, 2014. No adverse comments were received. EPA's November 13, 2014, proposed rulemaking contains more detailed information regarding Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee submissions to address the PSD permitting requirements being approved today, and the rationale for this final action. II. What are states required to address under Sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3) and 110(a)(2)(J) related to PSD? Section 110(a)(2)(C) has three components that must be addressed in infrastructure SIP submissions: Enforcement, state-wide regulation of new and modified minor sources and minor modifications of major sources; and PSD permitting of major sources and major modifications in areas designated attainment or unclassifiable for the subject NAAQS as required by CAA title I part C (i.e., the major source PSD program). 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 have 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 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''). Section 110(a)(2)(J) has four components that must be addressed in infrastructure SIP submissions: (1) Consultation with government officials, (2) public notification, (3) prevention of significant deterioration, and (4) visibility protection. With respect to the PSD Elements of these sections, EPA interprets the CAA to require each state to make, for each new or revised NAAQS, an infrastructure SIP submission that demonstrates that the air agency has a complete PSD permitting program meeting the current requirements for all regulated NSR pollutants. See EPA's November 13, 2014, proposed rulemaking at 79 FR 67398 for more detailed information on EPA's analysis of how the Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee infrastructure SIP submissions meet the requirements of the PSD Elements for the NAAQS for which they were submitted. As mentioned above, EPA did not receive any adverse comments on the November 13, 2014, proposed rulemaking. As such and based on EPA's analysis, the Agency has made the determination that:Alabama's SIP and practices are adequate and comply with PSD Elements for the 2008 Lead, 2008 Ozone and 2010 NO 2 NAAQS;Florida's SIP and practices are adequate and comply with PSD Elements for the 2008 Lead and 2010 NO 2 NAAQS;Georgia's SIP and practices are adequate and comply with the PSD Elements for the 2008 Lead, 2008 Ozone, and 2010 NO 2 NAAQS;Kentucky's SIP and practices are adequate and comply with the PSD Elements for the 2008 Lead and 2010 NO 2 NAAQS;Mississippi's SIP and practices are adequate and comply with the PSD Elements for the 2008 Lead, 2008 Ozone, and 2010 NO 2 NAAQS;South Carolina's SIP and practices are adequate and comply with the infrastructure SIP PSD Elements for the 2008 Lead, 2008 Ozone, and 2010 NO 2 NAAQS; andTennessee's SIP and practices are adequate and comply with the infrastructure SIP PSD Elements for the 2010 NO 2 NAAQS. III. Final Action As described above, EPA is approving the portions of the above- described infrastructure SIP submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee to address the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA. As described above, for some of these states, EPA is approving the PSD Elements of the infrastructure SIP submissions for the 2008 Lead, 2008 Ozone and 2010 Nitrogen NO2 NAAQS; whereas for other states, EPA is only approving the PSD Elements of the infrastructure SIP submissions for a subset of these NAAQS. EPA is approving these portions of these submissions because they are consistent with section 110 of the CAA. EPA also notes that, at present, the Agency has preliminarily determined that the Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee SIPs are sufficient to satisfy the PSD permitting requirements portion of section 110(a)(2)(C), 110(a)(2)(D)(i)(II), prong 3 and 110(a)(2)(J) with respect to GHGs because the PSD permitting program previously-approved by EPA into the SIP continues to require that PSD permits (otherwise required based on emissions of pollutants other than GHGs) contain limitations on GHG emissions based on the application of Best Available Control Technology. Although the approved Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee PSD permitting programs may currently contain provisions that are no longer necessary in light of the Supreme Court's Utility Air Regulatory Group v. Environmental Protection Agency [[Page 14021]] decision, these previous approvals do not render the infrastructure SIP submission inadequate to satisfy sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). The SIPs contain the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously- approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision. Accordingly, the Supreme Court decision does not affect EPA's approval of Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee's infrastructure SIPs as to the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). With the exception of South Carolina, the SIPs involved in this action 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.'' With respect to this action as it relates to South Carolina, EPA notes that the Catawba Indian Nation Reservation is located within South Carolina and 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.'' Thus, the South Carolina SIP applies to the Catawba Reservation, however, because this action is not approving any specific rule into the South Carolina SIP, but rather proposing that the State's already approved SIP meets certain CAA requirements, EPA has determined that there are no substantial direct effects on the Catawba Indian Nation. EPA has also determined that these revisions will not impose any 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 18, 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 6, 2015. Heather McTeer Toney, 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 three new entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO 2 NAAQS'' at the end of the table to read as follows: Sec. 52.50 Identification of plan. * * * * * (e) * * * [[Page 14022]] EPA-Approved Alabama Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State provision nonattainment submittal date/ EPA Approval date Explanation area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Alabama.......... 11/4/2011 3/18/2015 Federal Addressing the PSD Infrastructure Requirements Register citation. permitting for the 2008 Lead NAAQS. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Alabama.......... 8/20/2012 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2008 Ozone NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Alabama.......... 4/23/2013 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2010 NO2 NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- Subpart K--Florida 0 3. Section 52.520(e), is amended by adding two new entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'' and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' at the end of the table to read as follows: Sec. 52.520 Identification of plan. * * * * * (e) * * * EPA-Approved Florida Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State EPA Approval Federal Register Provision effective date date notice Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 10/14/2011 3/18/2015 [Insert Federal Addressing the PSD Requirements for the 2008 Lead Register citation]. permitting requirements NAAQS. of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Infrastructure 1/22/2013 3/18/2015 [Insert Federal Addressing the PSD Requirements for the 2010 NO2 Register citation]. permitting requirements NAAQS. of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- Subpart L--Georgia 0 4. Section 52.570(e), is amended by adding three new entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State provision nonattainment submittal date/ EPA Approval date Explanation area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Georgia.......... 5/14/2012 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2008 Lead NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Georgia.......... 3/6/2012 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2008 Ozone NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. [[Page 14023]] 110(a)(1) and (2) Georgia.......... 3/25/2013 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2010 NO2 NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- Subpart S--Kentucky 0 5. Section 52.920(e), is amended by adding two new entries ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'' and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * EPA-Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of non-regulatory SIP geographic or submittal date/ EPA Approval date Explanations provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Kentucky.......... 7/17/2012 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2008 Lead NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only 110(a)(1) and (2) Kentucky.......... 4/26/2013 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2010 NO2 NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only ---------------------------------------------------------------------------------------------------------------- Subpart Z--Mississippi 0 6. Section 52.1270(e), is amended by adding three new entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' at the end of the table to read as follows: Sec. 52.1270 Identification of plan. * * * * * (e) * * * EPA-Approved Mississippi Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA Approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Mississippi....... 11/17/2011 3/18/2015......... Addressing the PSD Infrastructure Requirements [Insert Federal permitting for the 2008 Lead NAAQS. Register requirements of citation]. sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Mississippi....... 5/29/2012 and 3/18/2015......... Addressing the PSD Infrastructure Requirements amended on 7/ [Insert Federal permitting for the 2008 Ozone NAAQS. 26/2012 Register requirements of citation]. sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Mississippi....... 2/28/2013 3/18/2015......... Addressing the PSD Infrastructure Requirements [Insert Federal permitting for the 2010 NO2 NAAQS. Register requirements of citation]. sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- Subpart PP--South Carolina 0 7. Section 52.2120(e), is amended by adding three new entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' at the end of the table to read as follows: Sec. 52.2120 Identification of plan. * * * * * (e) * * * [[Page 14024]] ---------------------------------------------------------------------------------------------------------------- State Provision effective date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 9/20/2011 3/18/2015................ Addressing the PSD permitting Requirements for the 2008 Lead NAAQS. [Insert Federal Register requirements of sections citation]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Infrastructure 7/17/2012 3/18/2015................ Addressing the PSD permitting Requirements for the 2008 Ozone NAAQS. [Insert Federal Register requirements of sections citation]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. 110(a)(1) and (2) Infrastructure 4/30/2014 3/18/2015................ Addressing the PSD permitting Requirements for the 2010 NO2 NAAQS. [Insert Federal Register requirements of sections citation]. 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- Subpart RR--Tennessee 0 8. Section 52.2220(e), is amended by adding a new entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * EPA-Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA Approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Tennessee......... 3/13/2014 3/18/2015 [Insert Addressing the PSD Infrastructure Requirements Federal Register permitting for the 2010 NO2 NAAQS. citation]. requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-06112 Filed 3-17-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations 14019
Parts per 2014–0610. All documents in the docket related to a newly established or revised
Commodity million are listed on the www.regulations.gov NAAQS. The contents of an
Web site. Although listed in the index, infrastructure SIP submission may vary
some information is not publicly depending upon the data and analytical
* * * * * * available, i.e., Confidential Business
Papaya 1 ............................... 1.5 tools available to the state, as well as the
Information or other information whose provisions already contained in the
* * * * * * disclosure is restricted by statute. state’s implementation plan at the time
Certain other material, such as in which the state develops and submits
1 There are no U.S. registrations as of Janu-
copyrighted material, is not placed on the submission for a new or revised
ary 20, 2015.
the Internet and will be publicly NAAQS.
* * * * * available only in hard copy form.
[FR Doc. 2015–06106 Filed 3–17–15; 8:45 am] Publicly available docket materials are Through this action, EPA is approving
BILLING CODE 6560–50–P available either electronically through the PSD requirements of sections
www.regulations.gov or in hard copy at 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
the Air Regulatory Management Section and 110(a)(2)(J) (hereafter ‘‘PSD
ENVIRONMENTAL PROTECTION (formerly Regulatory Development Elements’’) for various infrastructure
AGENCY Section), Air Planning and SIP submissions from the states of
Implementation Branch, Air, Pesticides Alabama, Florida, Georgia, Kentucky,
40 CFR Part 52 Mississippi, South Carolina and
and Toxics Management Division, U.S.
[EPA–R04–OAR–2014–0610; FRL–9924–47– Environmental Protection Agency, Tennessee. As described further below,
Region 4] Region 4, 61 Forsyth Street SW., for some of these states, EPA is
Atlanta, Georgia 30303–8960. EPA approving the PSD Elements in the
Approval and Promulgation of requests that if at all possible, you infrastructure SIP submissions for the
Implementation Plans; Region 4 contact the person listed in the FOR 2008 Lead, 2008 Ozone and 2010 NO2
States; 2008 Lead, 2008 Ozone and NAAQS; whereas for other states, EPA
FURTHER INFORMATION CONTACT section to
2010 Nitrogen Dioxide Prevention of is only approving the PSD Elements of
schedule your inspection. The Regional
Significant Deterioration Infrastructure the infrastructure SIP submissions for a
Office’s official hours of business are
Plans
Monday through Friday 8:30 a.m. to subset of these NAAQS. All other
AGENCY: Environmental Protection 4:30 p.m., excluding Federal holidays. applicable infrastructure requirements
Agency. FOR FURTHER INFORMATION CONTACT: for the 2008 Lead, 2008 Ozone and 2010
ACTION: Final rule. Sean Lakeman, Air Regulatory NO2 NAAQS associated with these
Management Section, Air Planning and States are being addressed in separate
SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides rulemakings.
Agency (EPA) is approving portions of and Toxics Management Division, U.S.
submissions from Alabama, Florida, a. 2008 Lead NAAQS
Environmental Protection Agency,
Georgia, Kentucky, Mississippi, South Region 4, 61 Forsyth Street SW.,
Carolina and Tennessee for inclusion For the 2008 Lead NAAQS, EPA is
Atlanta, Georgia 30303–8960. The only approving the PSD Elements of the
into each State’s implementation plan. telephone number is (404) 562–9043.
This action pertains to the Clean Air Act Mr. Lakeman can be reached via infrastructure SIP submissions from
(CAA or Act) infrastructure Alabama (received November 4, 2011),
electronic mail at lakeman.sean@ Florida (received October 14, 2011),
requirements for the 2008 Lead, 2008 epa.gov.
Ozone and 2010 Nitrogen Dioxide (NO2) Georgia (received May 14, 2012),
National Ambient Air Quality Standards SUPPLEMENTARY INFORMATION: Kentucky (received July 17, 2012),
(NAAQS). The CAA requires that each I. Background Mississippi (received November 17,
state adopt and submit a state 2011), and South Carolina (received
By statute, SIPs meeting the September 20, 2011). EPA notes that the
implementation plan (SIP) for the
requirements of sections 110(a)(1) and Agency approved the PSD Elements of
implementation, maintenance, and
(2) are to be submitted by states within Tennessee’s 2008 Lead infrastructure
enforcement of each NAAQS
three years after promulgation of a new SIP submission on August 12, 2013 (78
promulgated by EPA. These plans are
or revised NAAQS to provide for the FR 48806).
commonly referred to as
implementation, maintenance, and
‘‘infrastructure’’ SIPs. Specifically, EPA
enforcement of the new or revised b. 2008 Ozone NAAQS
is approving the portions of the
NAAQS. EPA has historically referred to
submissions from Alabama, Florida, For the 2008 Ozone NAAQS, EPA is
these SIP submissions made for the
Georgia, Kentucky, Mississippi, South only approving the PSD Elements of the
purpose of satisfying the requirements
Carolina and Tennessee that relate to infrastructure SIP submissions from
of CAA sections 110(a)(1) and 110(a)(2)
the infrastructure SIP prevention of Alabama (received August 20, 2012),
as ‘‘infrastructure SIP’’ submissions.
significant deterioration (PSD) Georgia (received March 6, 2012),
Sections 110(a)(1) and (2) require states
requirements. All other applicable Mississippi (received May 29, 2012; and
to address basic SIP elements such as
infrastructure requirements for the 2008 resubmitted July 26, 2012), and South
for monitoring, basic program
Lead, 2008 Ozone and 2010 NO2 Carolina (received on July 17, 2012).
requirements and legal authority that
NAAQS associated with these States are EPA notes that the Agency approved the
are designed to assure attainment and
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being addressed in separate PSD Elements of the infrastructure SIP
maintenance of the newly established or
rulemakings. submissions for the 2008 Ozone NAAQS
revised NAAQS. More specifically,
DATES: This rule is effective on April 17, section 110(a)(1) provides the for Kentucky on March 7, 2013 (78 FR
2015. procedural and timing requirements for 14691) and November 3, 2014 (79 FR
ADDRESSES: EPA has established a SIPs. Section 110(a)(2) lists specific 65143), and Tennessee on March 6,
docket for this action under Docket elements that states must meet for the 2013 (78 FR 14450) and January 9, 2014
Identification No. EPA–R04–OAR– ‘‘infrastructure’’ SIP requirements (79 FR 1593).
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![14020 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations
c. 2010 NO2 NAAQS designated attainment or unclassifiable • Georgia’s SIP and practices are
For the 2010 NO2 NAAQS, EPA is for the subject NAAQS as required by adequate and comply with the PSD
approving the PSD Elements of the CAA title I part C (i.e., the major source Elements for the 2008 Lead, 2008
infrastructure SIP submissions from PSD program). Ozone, and 2010 NO2 NAAQS;
Section 110(a)(2)(D)(i) has two • Kentucky’s SIP and practices are
Alabama (received April 23, 2013),
components; 110(a)(2)(D)(i)(I) and adequate and comply with the PSD
Florida (received January 22, 2013),
110(a)(2)(D)(i)(II). Each of these Elements for the 2008 Lead and 2010
Georgia (received March 25, 2013),
components have two subparts resulting NO2 NAAQS;
Kentucky (received April 26, 2013), • Mississippi’s SIP and practices are
Mississippi (received February 28, in four distinct components, commonly
referred to as ‘‘prongs,’’ that must be adequate and comply with the PSD
2013), South Carolina (received April Elements for the 2008 Lead, 2008
30, 2014), and Tennessee (received addressed in infrastructure SIP
submissions. The first two prongs, Ozone, and 2010 NO2 NAAQS;
March 13, 2014). • South Carolina’s SIP and practices
EPA is acting upon the PSD Elements which are codified in section
110(a)(2)(D)(i)(I), are provisions that are adequate and comply with the
portions of SIP submissions that address infrastructure SIP PSD Elements for the
the infrastructure requirements of CAA prohibit any source or other type of
emissions activity in one state from 2008 Lead, 2008 Ozone, and 2010 NO2
sections 110(a)(1) and 110(a)(2) for the NAAQS; and
contributing significantly to
2008 Lead, 2008 Ozone and 2010 NO2 • Tennessee’s SIP and practices are
NAAQS for various states in Region 4. nonattainment of the NAAQS in another
adequate and comply with the
Section 110(a)(2) includes a list of state (‘‘prong 1’’), and interfering with
infrastructure SIP PSD Elements for the
specific elements that ‘‘[e]ach such maintenance of the NAAQS in another
2010 NO2 NAAQS.
plan’’ submission must address. EPA’s state (‘‘prong 2’’). The third and fourth
review of infrastructure SIP submissions prongs, which are codified in section III. Final Action
with respect to the PSD program 110(a)(2)(D)(i)(II), are provisions that As described above, EPA is approving
requirements in sections 110(a)(2)(C), prohibit emissions activity in one state the portions of the above-described
110(a)(2)(D)(i)(II), and 110(a)(2)(J) interfering with measures required to infrastructure SIP submissions from
focuses upon the structural PSD prevent significant deterioration of air Alabama, Florida, Georgia, Kentucky,
program requirements contained in part quality in another state (‘‘prong 3’’), or Mississippi, South Carolina and
C and EPA’s PSD regulations. Structural to protect visibility in another state Tennessee to address the PSD
PSD program requirements include (‘‘prong 4’’). permitting requirements of sections
provisions necessary for the PSD Section 110(a)(2)(J) has four 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
program to address all regulated sources components that must be addressed in and 110(a)(2)(J) of the CAA. As
and new source review (NSR) infrastructure SIP submissions: (1) described above, for some of these
pollutants, including GHGs. Consultation with government officials, states, EPA is approving the PSD
On November 13, 2014, EPA (2) public notification, (3) prevention of Elements of the infrastructure SIP
published a proposed rulemaking to significant deterioration, and (4) submissions for the 2008 Lead, 2008
approve the portions of the above- visibility protection. Ozone and 2010 Nitrogen NO2 NAAQS;
described infrastructure SIP With respect to the PSD Elements of whereas for other states, EPA is only
submissions from Alabama, Florida, these sections, EPA interprets the CAA approving the PSD Elements of the
Georgia, Kentucky, Mississippi, South to require each state to make, for each infrastructure SIP submissions for a
Carolina and Tennessee to address the new or revised NAAQS, an subset of these NAAQS. EPA is
PSD permitting requirements of sections infrastructure SIP submission that approving these portions of these
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) demonstrates that the air agency has a submissions because they are consistent
and 110(a)(2)(J) of the CAA. See 79 FR complete PSD permitting program with section 110 of the CAA.
67398. Comments on the proposed meeting the current requirements for all EPA also notes that, at present, the
rulemaking were due on or before regulated NSR pollutants. Agency has preliminarily determined
December 15, 2014. No adverse See EPA’s November 13, 2014, that the Alabama, Florida, Georgia,
comments were received. EPA’s proposed rulemaking at 79 FR 67398 for Kentucky, Mississippi, South Carolina
November 13, 2014, proposed more detailed information on EPA’s and Tennessee SIPs are sufficient to
rulemaking contains more detailed analysis of how the Alabama, Florida, satisfy the PSD permitting requirements
information regarding Alabama, Florida, Georgia, Kentucky, Mississippi, South portion of section 110(a)(2)(C),
Georgia, Kentucky, Mississippi, South Carolina and Tennessee infrastructure 110(a)(2)(D)(i)(II), prong 3 and
Carolina and Tennessee submissions to SIP submissions meet the requirements 110(a)(2)(J) with respect to GHGs
address the PSD permitting of the PSD Elements for the NAAQS for because the PSD permitting program
requirements being approved today, and which they were submitted. As previously-approved by EPA into the
the rationale for this final action. mentioned above, EPA did not receive SIP continues to require that PSD
any adverse comments on the November permits (otherwise required based on
II. What are states required to address 13, 2014, proposed rulemaking. As such emissions of pollutants other than
under Sections 110(a)(2)(C), and based on EPA’s analysis, the GHGs) contain limitations on GHG
110(a)(2)(D)(i)(II) (Prong 3) and Agency has made the determination emissions based on the application of
110(a)(2)(J) related to PSD? that: Best Available Control Technology.
Section 110(a)(2)(C) has three • Alabama’s SIP and practices are Although the approved Alabama,
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components that must be addressed in adequate and comply with PSD Florida, Georgia, Kentucky, Mississippi,
infrastructure SIP submissions: Elements for the 2008 Lead, 2008 Ozone South Carolina and Tennessee PSD
Enforcement, state-wide regulation of and 2010 NO2 NAAQS; permitting programs may currently
new and modified minor sources and • Florida’s SIP and practices are contain provisions that are no longer
minor modifications of major sources; adequate and comply with PSD necessary in light of the Supreme
and PSD permitting of major sources Elements for the 2008 Lead and 2010 Court’s Utility Air Regulatory Group v.
and major modifications in areas NO2 NAAQS; Environmental Protection Agency
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![14022 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of State submittal
Applicable geographic or
nonregulatory SIP date/effective EPA Approval date Explanation
nonattainment area
provision date
* * * * * * *
110(a)(1) and (2) Alabama ............................. 11/4/2011 3/18/2015 Federal Register citation Addressing the PSD permitting re-
Infrastructure Re- quirements of sections
quirements for 110(a)(2)(C), 110(a)(2)(D)(i)(II)
the 2008 Lead (prong 3) and 110(a)(2)(J) only.
NAAQS.
110(a)(1) and (2) Alabama ............................. 8/20/2012 3/18/2015 [Insert Federal Register Addressing the PSD permitting re-
Infrastructure Re- citation]. quirements of sections
quirements for 110(a)(2)(C), 110(a)(2)(D)(i)(II)
the 2008 Ozone (prong 3) and 110(a)(2)(J) only.
NAAQS.
110(a)(1) and (2) Alabama ............................. 4/23/2013 3/18/2015 [Insert Federal Register Addressing the PSD permitting re-
Infrastructure Re- citation]. quirements of sections
quirements for 110(a)(2)(C), 110(a)(2)(D)(i)(II)
the 2010 NO2 (prong 3) and 110(a)(2)(J) only.
NAAQS.
Subpart K—Florida the 2008 Lead NAAQS’’ and ‘‘110(a)(1) § 52.520 Identification of plan.
and (2) Infrastructure Requirements for * * * * *
■ 3. Section 52.520(e), is amended by the 2010 NO2 NAAQS’’ at the end of the
adding two new entries for ‘‘110(a)(1) (e) * * *
table to read as follows:
and (2) Infrastructure Requirements for
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective EPA Approval
Provision Federal Register notice Explanation
date date
* * * * * * *
110(a)(1) and (2) Infra- 10/14/2011 3/18/2015 [Insert Federal Register Addressing the PSD permitting requirements of sec-
structure Requirements citation]. tions 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
for the 2008 Lead 110(a)(2)(J) only.
NAAQS.
110(a)(1) and (2) Infra- 1/22/2013 3/18/2015 [Insert Federal Register Addressing the PSD permitting requirements of sec-
structure Requirements citation]. tions 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
for the 2010 NO2 110(a)(2)(J) only.
NAAQS.
Subpart L—Georgia (2) Infrastructure Requirements for the § 52.570 Identification of plan.
2008 Ozone NAAQS’’, and ‘‘110(a)(1) * * * * *
■ 4. Section 52.570(e), is amended by
and (2) Infrastructure Requirements for (e) * * *
adding three new entries for ‘‘110(a)(1)
the 2010 NO2 NAAQS’’ at the end of the
and (2) Infrastructure Requirements for
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and table to read as follows:
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of State submittal
Applicable geographic or
nonregulatory SIP date/effective EPA Approval date Explanation
nonattainment area
provision date
* * * * * * *
110(a)(1) and (2) Georgia .............................. 5/14/2012 3/18/2015 [Insert Federal Register Addressing the PSD permitting re-
Infrastructure Re- citation]. quirements of sections
quirements for 110(a)(2)(C), 110(a)(2)(D)(i)(II)
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the 2008 Lead (prong 3) and 110(a)(2)(J) only.
NAAQS.
110(a)(1) and (2) Georgia .............................. 3/6/2012 3/18/2015 [Insert Federal Register Addressing the PSD permitting re-
Infrastructure Re- citation]. quirements of sections
quirements for 110(a)(2)(C), 110(a)(2)(D)(i)(II)
the 2008 Ozone (prong 3) and 110(a)(2)(J) only.
NAAQS.
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![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations 14023
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS—Continued
Name of State submittal
Applicable geographic or
nonregulatory SIP date/effective EPA Approval date Explanation
nonattainment area
provision date
110(a)(1) and (2) Georgia .............................. 3/25/2013 3/18/2015 [Insert Federal Register Addressing the PSD permitting re-
Infrastructure Re- citation]. quirements of sections
quirements for 110(a)(2)(C), 110(a)(2)(D)(i)(II)
the 2010 NO2 (prong 3) and 110(a)(2)(J) only.
NAAQS.
Subpart S—Kentucky 2008 Lead NAAQS’’ and ‘‘110(a)(1) and § 52.920 Identification of plan.
(2) Infrastructure Requirements for the * * * * *
■ 5. Section 52.920(e), is amended by 2010 NO2 NAAQS’’ at the end of the
adding two new entries ‘‘110(a)(1) and (e) * * *
table to read as follows:
(2) Infrastructure Requirements for the
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of State submittal
Applicable geographic or
non-regulatory date/effective EPA Approval date Explanations
nonattainment area
SIP provision date
* * * * * * *
110(a)(1) and (2) Infra- Kentucky .................................... 7/17/2012 3/18/2015 [Insert Addressing the PSD permitting require-
structure Require- Federal Register ments of sections 110(a)(2)(C),
ments for the 2008 citation]. 110(a)(2)(D)(i)(II) (prong 3) and
Lead NAAQS. 110(a)(2)(J) only
110(a)(1) and (2) Infra- Kentucky .................................... 4/26/2013 3/18/2015 [Insert Addressing the PSD permitting require-
structure Require- Federal Register ments of sections 110(a)(2)(C),
ments for the 2010 citation]. 110(a)(2)(D)(i)(II) (prong 3) and
NO2 NAAQS. 110(a)(2)(J) only
Subpart Z—Mississippi (2) Infrastructure Requirements for the § 52.1270 Identification of plan.
2008 Ozone NAAQS’’, and ‘‘110(a)(1) * * * * *
■ 6. Section 52.1270(e), is amended by and (2) Infrastructure Requirements for
adding three new entries for ‘‘110(a)(1) (e) * * *
the 2010 NO2 NAAQS’’ at the end of the
and (2) Infrastructure Requirements for table to read as follows:
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of State submittal
Applicable geographic or
nonregulatory date/effective EPA Approval date Explanation
SIP provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infra- Mississippi .................................. 11/17/2011 3/18/2015 ................. Addressing the PSD permitting require-
structure Require- [Insert Federal Reg- ments of sections 110(a)(2)(C),
ments for the 2008 ister citation]. 110(a)(2)(D)(i)(II) (prong 3) and
Lead NAAQS. 110(a)(2)(J) only.
110(a)(1) and (2) Infra- Mississippi .................................. 5/29/2012 and 3/18/2015 ................. Addressing the PSD permitting require-
structure Require- amended on [Insert Federal Reg- ments of sections 110(a)(2)(C),
ments for the 2008 7/26/2012 ister citation]. 110(a)(2)(D)(i)(II) (prong 3) and
Ozone NAAQS. 110(a)(2)(J) only.
110(a)(1) and (2) Infra- Mississippi .................................. 2/28/2013 3/18/2015 ................. Addressing the PSD permitting require-
structure Require- [Insert Federal Reg- ments of sections 110(a)(2)(C),
ments for the 2010 ister citation]. 110(a)(2)(D)(i)(II) (prong 3) and
NO2 NAAQS. 110(a)(2)(J) only.
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Subpart PP—South Carolina (2) Infrastructure Requirements for the § 52.2120 Identification of plan.
2008 Ozone NAAQS’’, and ‘‘110(a)(1) * * * * *
■ 7. Section 52.2120(e), is amended by and (2) Infrastructure Requirements for
adding three new entries for ‘‘110(a)(1) (e) * * *
the 2010 NO2 NAAQS’’ at the end of the
and (2) Infrastructure Requirements for table to read as follows:
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
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![14024 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations
State effective
Provision EPA Approval date Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastructure 9/20/2011 3/18/2015 ................................ Addressing the PSD permitting requirements of sections
Requirements for the 2008 [Insert Federal Register cita- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
Lead NAAQS. tion]. only.
110(a)(1) and (2) Infrastructure 7/17/2012 3/18/2015 ................................ Addressing the PSD permitting requirements of sections
Requirements for the 2008 [Insert Federal Register cita- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
Ozone NAAQS. tion]. only.
110(a)(1) and (2) Infrastructure 4/30/2014 3/18/2015 ................................ Addressing the PSD permitting requirements of sections
Requirements for the 2010 [Insert Federal Register cita- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
NO2 NAAQS. tion]. only.
Subpart RR—Tennessee (2) Infrastructure Requirements for the § 52.2220 Identification of plan.
2010 NO2 NAAQS’’ at the end of the * * * * *
■ 8. Section 52.2220(e), is amended by table to read as follows:
adding a new entry for ‘‘110(a)(1) and (e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of Applicable geographic or State effective
non-regulatory EPA Approval date Explanation
nonattainment area date
SIP provision
* * * * * * *
110(a)(1) and (2) Infra- Tennessee ................................. 3/13/2014 3/18/2015 [Insert Addressing the PSD permitting require-
structure Require- Federal Register ments of sections 110(a)(2)(C),
ments for the 2010 citation]. 110(a)(2)(D)(i)(II) (prong 3) and
NO2 NAAQS. 110(a)(2)(J) only.
[FR Doc. 2015–06112 Filed 3–17–15; 8:45 am] propenoate and ethyl 2-propenoate on DC 20460–0001; main telephone
BILLING CODE 6560–50–P food or feed commodities. number: (703) 305–7090; email address:
DATES: This regulation is effective RDFRNotices@epa.gov.
March 18, 2015. Objections and requests SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION for hearings must be received on or
AGENCY before May 18, 2015, and must be filed I. General Information
in accordance with the instructions A. Does this action apply to me?
40 CFR Part 180 provided in 40 CFR part 178 (see also
You may be potentially affected by
[EPA–HQ–OPP–2014–0847; FRL–9923–63] Unit I.C. of the SUPPLEMENTARY
this action if you are an agricultural
INFORMATION).
producer, food manufacturer, or
2-Propenoic acid, polymer With ADDRESSES: The docket for this action, pesticide manufacturer. The following
ethenyl acetate, ethenylbenzene, 2- identified by docket identification (ID) list of North American Industrial
ethylhexyl 2-propenoate and ethyl 2- number EPA–HQ–OPP–2014–0874, is Classification System (NAICS) codes is
propenoate; Tolerance Exemption available at http://www.regulations.gov not intended to be exhaustive, but rather
AGENCY: Environmental Protection or at the Office of Pesticide Programs provides a guide to help readers
Agency (EPA). Regulatory Public Docket (OPP Docket) determine whether this document
ACTION: Final rule.
in the Environmental Protection Agency applies to them. Potentially affected
Docket Center (EPA/DC), West William entities may include:
SUMMARY: This regulation establishes an Jefferson Clinton Bldg., Rm. 3334, 1301 • Crop production (NAICS code 111).
exemption from the requirement of a Constitution Ave. NW., Washington, DC • Animal production (NAICS code
tolerance for residues of 2-Propenoic 20460–0001. The Public Reading Room 112).
acid, polymer with ethenyl acetate, is open from 8:30 a.m. to 4:30 p.m., • Food manufacturing (NAICS code
ethenylbenzene, 2-ethylhexyl 2- Monday through Friday, excluding legal 311).
propenoate and ethyl 2-propenoate; holidays. The telephone number for the • Pesticide manufacturing (NAICS
when used as an inert ingredient in a Public Reading Room is (202) 566–1744, code 32532).
pesticide chemical formulation. BASF and the telephone number for the OPP
Corporation submitted a petition to EPA Docket is (703) 305–5805. Please review B. How can I get electronic access to
under the Federal Food, Drug, and the visitor instructions and additional other related information?
wreier-aviles on DSK5TPTVN1PROD with RULES
Cosmetic Act (FFDCA), requesting an information about the docket available You may access a frequently updated
exemption from the requirement of a at http://www.epa.gov/dockets. electronic version of 40 CFR part 180
tolerance. This regulation eliminates the FOR FURTHER INFORMATION CONTACT: through the Government Publishing
need to establish a maximum Susan Lewis, Registration Division Office’s e-CFR site at http://
permissible level for residues of 2- (7505P), Office of Pesticide Programs, www.ecfr.gov/cgi-bin/text-
Propenoic acid, polymer with ethenyl Environmental Protection Agency, 1200 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
acetate, ethenylbenzene, 2-ethylhexyl 2- Pennsylvania Ave. NW., Washington, 40tab_02.tpl.
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Document Created: 2018-02-21 09:39:57
Document Modified: 2018-02-21 09:39:57
| 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 is effective on April 17, 2015. | |
| Contact | Sean Lakeman, 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) 562-9043. Mr. Lakeman can be reached via electronic mail at [email protected] | |
| FR Citation | 80 FR 14019 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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