81 FR 24496 - Air Quality Plans; North Carolina; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 80 (April 26, 2016)
Federal Register Volume 81, Issue 80 (April 26, 2016)
| Page Range | 24496-24497 | |
| FR Document | 2016-09587 |
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)] [Rules and Regulations] [Pages 24496-24497] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09587] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0150; FRL-9945-62-Region 4] Air Quality Plans; North Carolina; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of North Carolina, through the Department of Environmental Quality, formerly the Department of Environment and Natural Resources, Division of Air Quality (DAQ), on March 18, 2014, for inclusion into the North Carolina SIP. This final action pertains to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2 ) national ambient air quality standard (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 submission.'' DAQ certified that the North Carolina SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in North Carolina. EPA has determined that the North Carolina's infrastructure SIP submission, provided to EPA on March 18, 2014, satisfies certain required infrastructure elements for the 2010 1-hour SO2 NAAQS. DATES: This rule will be effective May 26, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0150. 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, 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: Michele Notarianni, 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. Ms. Notarianni can be reached via electronic mail at [email protected] or via telephone at (404) 562-9031. SUPPLEMENTARY INFORMATION: I. Background and Overview On June 22, 2010 (75 FR 35520), EPA revised the primary SO2 NAAQS to an hourly standard of 75 parts per billion (ppb) based on a 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 1-hour SO2 NAAQS to EPA no later than June 2, 2013.\1\ --------------------------------------------------------------------------- \1\ Today, EPA is providing clarification for an inadvertent typographical error that was included in the February 25, 2016, proposed rulemaking, for this final action. In the February 25, 2016, proposed rulemaking it was stated that the 2010 1-hour SO2 NAAQS infrastructure SIPs were due no later than June 22, 2013. The 2010 1-hour SO2 NAAQS infrastructure SIPs were actually due to EPA from states no later than June 2, 2013. --------------------------------------------------------------------------- In a proposed rulemaking published on February 25, 2016, EPA proposed to approve North Carolina's 2010 1-hour SO2 NAAQS infrastructure SIP submission submitted on March 18, 2014, with the exception of the PSD permitting requirements for major sources of section 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 state boards requirements of section 110(a)(2)(E)(ii).\2\ See 81 FR 9398. The details of North Carolina's submission and the rationale for EPA's actions are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before March 28, 2016. EPA received no comments on the proposed action. --------------------------------------------------------------------------- \2\ On November 3, 2015, in a previous rulemaking, EPA approved the requirements for state boards for North Carolina in relation to the 2010 SO2 NAAQS. See 80 FR 67645. --------------------------------------------------------------------------- II. Final Action With the exception of the PSD permitting requirements for major sources of section 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 state boards requirements of section 110(a)(2)(E)(ii), EPA is taking final action to approve North Carolina's infrastructure submission submitted on March 18, 2014, for the 2010 1-hour SO2 NAAQS. EPA is taking final action to approve portions of North Carolina's infrastructure SIP submission for the 2010 1-hour SO2 NAAQS because the submission is consistent with section 110 of the CAA. [[Page 24497]] III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 27, 2016. 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, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: April 14, 2016. 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 II--North Carolina 0 2. Section 52.1770(e) is amended by adding a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO 2 NAAQS'' at the end of the table to read as follows: Sec. 52.1770 Identification of plan. * * * * * (e) * * * EPA-Approved North Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State EPA approval Federal Register Provision effective date date citation Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 3/18/2014 4/26/2016 [Insert citation of With the exception of Requirements for the 2010 1-hour publication in the PSD permitting SO2 NAAQS. Federal Register]. 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, 2, 3, and 4), and the state board requirements of section 110(E)(ii). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-09587 Filed 4-25-16; 8:45 am] BILLING CODE 6560-50-P
![24496 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations
* * * * * maintenance and enforcement of each required to submit SIPs meeting the
■ 3. Section 52.2036 is amended by NAAQS promulgated by EPA, which is applicable requirements of section
adding paragraph (bb) to read as commonly referred to as an 110(a)(2) within three years after
follows: ‘‘infrastructure SIP submission.’’ DAQ promulgation of a new or revised
certified that the North Carolina SIP NAAQS or within such shorter period
§ 52.2036 Base year emissions inventory. contains provisions that ensure the 2010 as EPA may prescribe. Section 110(a)(2)
* * * * * 1-hour SO2 NAAQS is implemented, requires states to address basic SIP
(bb) EPA approves, as a revision to the enforced, and maintained in North elements such as requirements for
Pennsylvania State Implementation Carolina. EPA has determined that the monitoring, basic program requirements
Plan, the 2011 base year emissions North Carolina’s infrastructure SIP and legal authority that are designed to
inventories for the Allentown- submission, provided to EPA on March
Bethlehem-Easton, Lancaster, assure attainment and maintenance of
18, 2014, satisfies certain required
Pittsburgh-Beaver Valley, and Reading the NAAQS. States were required to
infrastructure elements for the 2010 1-
nonattainment areas, and the hour SO2 NAAQS. submit such SIPs for the 2010 1-hour
Pennsylvania portion of the SO2 NAAQS to EPA no later than June
DATES: This rule will be effective May
Philadelphia-Wilmington-Atlantic City 2, 2013.1
26, 2016.
nonattainment area for the 2008 8-hour ADDRESSES: EPA has established a In a proposed rulemaking published
ozone national ambient air quality docket for this action under Docket on February 25, 2016, EPA proposed to
standard submitted by the Pennsylvania Identification No. EPA–R04–OAR– approve North Carolina’s 2010 1-hour
Department of the Environmental on 2015–0150. All documents in the docket SO2 NAAQS infrastructure SIP
September 30, 2015. The 2011 base year are listed on the www.regulations.gov submission submitted on March 18,
emissions inventories includes Web site. Although listed in the index, 2014, with the exception of the PSD
emissions estimates that cover the some information is not publicly permitting requirements for major
general source categories of point available, i.e., Confidential Business sources of section 110(a)(2)(C) and (J),
sources, nonroad mobile sources, area Information or other information whose the interstate transport requirements of
sources, onroad mobile sources, and disclosure is restricted by statute. section 110(a)(2)(D)(i)(I) and (II) (prongs
biogenic sources. The pollutants that Certain other material, such as 1 through 4), and state boards
comprise the inventory are nitrogen copyrighted material, is not placed on requirements of section
oxides (NOX), volatile organic the Internet and will be publicly 110(a)(2)(E)(ii).2 See 81 FR 9398. The
compounds (VOC), and carbon available only in hard copy form.
monoxide (CO). details of North Carolina’s submission
Publicly available docket materials are and the rationale for EPA’s actions are
[FR Doc. 2016–09591 Filed 4–25–16; 8:45 am] available either electronically through explained in the proposed rulemaking.
BILLING CODE 6560–50–P www.regulations.gov or in hard copy at Comments on the proposed rulemaking
the Air Regulatory Management Section, were due on or before March 28, 2016.
Air Planning and Implementation EPA received no comments on the
ENVIRONMENTAL PROTECTION Branch, Air, Pesticides and Toxics
AGENCY proposed action.
Management Division, U.S.
Environmental Protection Agency, II. Final Action
40 CFR Part 52 Region 4, 61 Forsyth Street SW.,
[EPA–R04–OAR–2015–0150; FRL–9945–62– Atlanta, Georgia 30303–8960. EPA With the exception of the PSD
Region 4] requests that if at all possible, you permitting requirements for major
contact the person listed in the FOR sources of section 110(a)(2)(C) and (J),
Air Quality Plans; North Carolina; FURTHER INFORMATION CONTACT section to the interstate transport requirements of
Infrastructure Requirements for the schedule your inspection. The Regional section 110(a)(2)(D)(i)(I) and (II) (prongs
2010 Sulfur Dioxide National Ambient Office’s official hours of business are 1 through 4), and state boards
Air Quality Standard Monday through Friday, 8:30 a.m. to requirements of section 110(a)(2)(E)(ii),
AGENCY: Environmental Protection 4:30 p.m., excluding Federal holidays. EPA is taking final action to approve
Agency (EPA). FOR FURTHER INFORMATION CONTACT: North Carolina’s infrastructure
ACTION: Final rule. Michele Notarianni, Air Regulatory submission submitted on March 18,
Management Section, Air Planning and 2014, for the 2010 1-hour SO2 NAAQS.
SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides EPA is taking final action to approve
Agency (EPA) is taking final action to and Toxics Management Division, U.S. portions of North Carolina’s
approve portions of the State Environmental Protection Agency, infrastructure SIP submission for the
Implementation Plan (SIP) submission, Region 4, 61 Forsyth Street SW., 2010 1-hour SO2 NAAQS because the
submitted by the State of North Atlanta, Georgia 30303–8960. Ms. submission is consistent with section
Carolina, through the Department of Notarianni can be reached via electronic 110 of the CAA.
Environmental Quality, formerly the mail at notarianni.michele@epa.gov or
Department of Environment and Natural via telephone at (404) 562–9031. 1 Today, EPA is providing clarification for an
Resources, Division of Air Quality SUPPLEMENTARY INFORMATION: inadvertent typographical error that was included
(DAQ), on March 18, 2014, for inclusion in the February 25, 2016, proposed rulemaking, for
asabaliauskas on DSK3SPTVN1PROD with RULES
into the North Carolina SIP. This final I. Background and Overview this final action. In the February 25, 2016, proposed
rulemaking it was stated that the 2010 1-hour SO2
action pertains to the infrastructure On June 22, 2010 (75 FR 35520), EPA NAAQS infrastructure SIPs were due no later than
requirements of the Clean Air Act (CAA revised the primary SO2 NAAQS to an June 22, 2013. The 2010 1-hour SO2 NAAQS
or Act) for the 2010 1-hour sulfur hourly standard of 75 parts per billion infrastructure SIPs were actually due to EPA from
dioxide (SO2) national ambient air (ppb) based on a 3-year average of the states no later than June 2, 2013.
2 On November 3, 2015, in a previous rulemaking,
quality standard (NAAQS). The CAA annual 99th percentile of 1-hour daily EPA approved the requirements for state boards for
requires that each state adopt and maximum concentrations. Pursuant to North Carolina in relation to the 2010 SO2 NAAQS.
submit a SIP for the implementation, section 110(a)(1) of the CAA, states are See 80 FR 67645.
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![Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations 24497
III. Statutory and Executive Order • is not subject to requirements of Court of Appeals for the appropriate
Reviews Section 12(d) of the National circuit by June 27, 2016. Filing a
Under the CAA, the Administrator is Technology Transfer and Advancement petition for reconsideration by the
required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because Administrator of this final rule does not
that complies with the provisions of the application of those requirements would affect the finality of this action for the
Act and applicable federal regulations. be inconsistent with the CAA; and purposes of judicial review nor does it
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). • does not provide EPA with the extend the time within which a petition
Thus, in reviewing SIP submissions, discretionary authority to address, as for judicial review may be filed, and
EPA’s role is to approve state choices, appropriate, disproportionate human shall not postpone the effectiveness of
provided that they meet the criteria of health or environmental effects, using such rule or action. This action may not
the CAA. Accordingly, this action practicable and legally permissible be challenged later in proceedings to
merely approves state law as meeting methods, under Executive Order 12898 enforce its requirements. See section
federal requirements and does not (59 FR 7629, February 16, 1994). 307(b)(2).
The SIP is not approved to apply on
impose additional requirements beyond List of Subjects in 40 CFR Part 52
any Indian reservation land or in any
those imposed by state law. For that
other area where EPA or an Indian tribe
reason, this action: Environmental protection, Air
• Is not a significant regulatory action has demonstrated that a tribe has
jurisdiction. In those areas of Indian pollution control, Incorporation by
subject to review by the Office of reference, Intergovernmental relations,
Management and Budget under country, the rule does not have tribal
implications as specified by Executive Reporting and recordkeeping
Executive Orders 12866 (58 FR 51735, requirements, Sulfur dioxide.
October 4, 1993) and 13563 (76 FR 3821, Order 13175 (65 FR 67249, November 9,
January 21, 2011); 2000), nor will it impose substantial Dated: April 14, 2016.
• does not impose an information direct costs on tribal governments or Heather McTeer Toney
collection burden under the provisions preempt tribal law.
Regional Administrator, Region 4.
of the Paperwork Reduction Act (44 The Congressional Review Act, 5
U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small 40 CFR part 52 is amended as follows:
• is certified as not having a Business Regulatory Enforcement
significant economic impact on a Fairness Act of 1996, generally provides PART 52—APPROVAL AND
substantial number of small entities that before a rule may take effect, the PROMULGATION OF
under the Regulatory Flexibility Act (5 agency promulgating the rule must IMPLEMENTATION PLANS
U.S.C. 601 et seq.); submit a rule report, which includes a
• does not contain any unfunded copy of the rule, to each House of the ■ 1. The authority citation for part 52
mandate or significantly or uniquely Congress and to the Comptroller General continues to read as follows:
affect small governments, as described of the United States. EPA will submit a
report containing this action and other Authority: 42 U.S.C. 7401 et seq.
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4); required information to the U.S. Senate,
Subpart II—North Carolina
• does not have Federalism the U.S. House of Representatives, and
implications as specified in Executive the Comptroller General of the United
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in ■ 2. Section 52.1770(e) is amended by
1999); the Federal Register. A major rule adding a new entry ‘‘110(a)(1) and (2)
• is not an economically significant cannot take effect until 60 days after it Infrastructure Requirements for the 2010
regulatory action based on health or is published in the Federal Register. 1-hour SO2 NAAQS’’ at the end of the
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as table to read as follows:
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). § 52.1770 Identification of plan.
• is not a significant regulatory action Under section 307(b)(1) of the CAA,
subject to Executive Order 13211 (66 FR petitions for judicial review of this * * * * *
28355, May 22, 2001); action must be filed in the United States (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval
Provision Federal Register citation Explanation
date date
* * * * * * *
110(a)(1) and (2) Infra- 3/18/2014 4/26/2016 [Insert citation of publica- With the exception of the PSD permitting require-
structure Requirements tion in Federal Reg- ments for major sources of sections 110(a)(2)(C)
for the 2010 1-hour SO2 ister]. and (J), the interstate transport requirements of
NAAQS. section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, 3,
and 4), and the state board requirements of sec-
tion 110(E)(ii).
asabaliauskas on DSK3SPTVN1PROD with RULES
[FR Doc. 2016–09587 Filed 4–25–16; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2016-04-26 01:36:22
Document Modified: 2016-04-26 01:36:22
| 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 May 26, 2016. | |
| Contact | Michele Notarianni, 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. Ms. Notarianni can be reached via electronic mail at [email protected] or via telephone at (404) 562-9031. | |
| FR Citation | 81 FR 24496 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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