81 FR 25355 - Air Quality Plans; Georgia; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 82 (April 28, 2016)
Federal Register Volume 81, Issue 82 (April 28, 2016)
| Page Range | 25355-25356 | |
| FR Document | 2016-09861 |
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)] [Rules and Regulations] [Pages 25355-25356] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09861] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0152; FRL-9945-60-Region 4] Air Quality Plans; Georgia; 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 Georgia, through the Georgia Department of Natural Resources (DNR), Environmental Protection Division (EPD), on October 22, 2013, and supplemented on July 25, 2014, for inclusion into the Georgia 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.'' The EPD certified that the Georgia SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in Georgia. EPA has determined that portions of the Georgia infrastructure SIP submission, provided to EPA on October 22, 2013, and supplemented on July 25, 2014, satisfies the certain required infrastructure elements for the 2010 1- hour SO2 NAAQS. DATES: This rule will be effective May 31, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0152. 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 5, 2016, proposed rulemaking, for this final action. In the February 5, 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 5, 2016, EPA proposed to approve Georgia's 2010 1-hour SO2 NAAQS infrastructure SIP submission submitted on October 22, 2013, as supplemented on July 25, 2014, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), for which EPA did not propose any action.\2\See 81 FR 6200. The details of Georgia'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 7, 2016. EPA received no adverse comments on the proposed action. --------------------------------------------------------------------------- \2\ Georgia's 2010 1-hour SO2 NAAQS infrastructure SIP submission dated October 22, 2013, and supplemented on July 25, 2014, is also collectively referred to as ``Georgia's SO2 infrastructure SIP'' in this action. --------------------------------------------------------------------------- II. Final Action With the exception of interstate transport provisions pertaining to the contribution to nonattainment or interference with maintenance in other states and visibility protection requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final action to approve Georgia's infrastructure submission submitted on October 22, 2013, and supplemented on July 25, 2014, for the 2010 1- hour SO2 NAAQS. EPA is taking final action to approve Georgia's infrastructure SIP submission for the 2010 1-hour SO2 NAAQS because the submission is consistent with section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, [[Page 25356]] 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 L--Georgia 0 2. Section 52.570(e), is amended by adding an entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO 2 National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of nonregulatory SIP Applicable geographic submittal date/ EPA approval date Explanation provision or nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Georgia............... 10/22/2013 4/28/2016 [Insert With the exception of Infrastructure Requirements citation of interstate transport for the 2010 1-hour SO2 publication]. requirements of National Ambient Air Quality section Standard. 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-09861 Filed 4-27-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Rules and Regulations 25355
Date llllllllllllllllll EPD certified that the Georgia SIP promulgation of a new or revised
Partner lllllllllllllllll contains provisions that ensure the 2010 NAAQS or within such shorter period
Print Name lllllllllllllll 1-hour SO2 NAAQS is implemented, as EPA may prescribe. Section 110(a)(2)
Signature llllllllllllllll enforced, and maintained in Georgia. requires states to address basic SIP
Organization llllllllllllll EPA has determined that portions of the elements such as requirements for
Date llllllllllllllllll Georgia infrastructure SIP submission, monitoring, basic program requirements
Partner lllllllllllllllll provided to EPA on October 22, 2013, and legal authority that are designed to
Print Name lllllllllllllll and supplemented on July 25, 2014, assure attainment and maintenance of
Signature llllllllllllllll
satisfies the certain required the NAAQS. States were required to
Organization llllllllllllll
Date llllllllllllllllll infrastructure elements for the 2010 1- submit such SIPs for the 2010 1-hour
hour SO2 NAAQS. SO2 NAAQS to EPA no later than June
Partner lllllllllllllllll
Print Name lllllllllllllll DATES: This rule will be effective May 2, 2013.1
Signature llllllllllllllll 31, 2016. In a proposed rulemaking published
Organization llllllllllllll ADDRESSES: EPA has established a on February 5, 2016, EPA proposed to
Date llllllllllllllllll docket for this action under Docket approve Georgia’s 2010 1-hour SO2
Partner lllllllllllllllll Identification No. EPA–R04–OAR– NAAQS infrastructure SIP submission
Print Name lllllllllllllll 2015–0152. All documents in the docket submitted on October 22, 2013, as
Signature llllllllllllllll are listed on the www.regulations.gov supplemented on July 25, 2014, with the
Organization llllllllllllll Web site. Although listed in the index, exception of the interstate transport
Date llllllllllllllllll requirements of section 110(a)(2)(D)(i)(I)
some information is not publicly
Partner lllllllllllllllll available, i.e., Confidential Business and (II) (prongs 1, 2, and 4), for which
Print Name lllllllllllllll EPA did not propose any action.2
Signature llllllllllllllll
Information or other information whose
disclosure is restricted by statute. FR 6200. The details of Georgia’s
Organization llllllllllllll
Date llllllllllllllllll Certain other material, such as submission and the rationale for EPA’s
copyrighted material, is not placed on actions are explained in the proposed
[Approved by the Office of Management and
Budget under control number 1830–0575] the Internet and will be publicly rulemaking. Comments on the proposed
available only in hard copy form. rulemaking were due on or before
[FR Doc. 2016–09749 Filed 4–27–16; 8:45 am]
Publicly available docket materials are March 7, 2016. EPA received no adverse
BILLING CODE 4000–01–P comments on the proposed action.
available either electronically through
www.regulations.gov or in hard copy at II. Final Action
the Air Regulatory Management Section,
ENVIRONMENTAL PROTECTION Air Planning and Implementation With the exception of interstate
AGENCY Branch, Air, Pesticides and Toxics transport provisions pertaining to the
Management Division, U.S. contribution to nonattainment or
40 CFR Part 52 interference with maintenance in other
Environmental Protection Agency,
[EPA–R04–OAR–2015–0152; FRL–9945–60– Region 4, 61 Forsyth Street SW., states and visibility protection
Region 4] Atlanta, Georgia 30303–8960. EPA requirements of section 110(a)(2)(D)(i)(I)
requests that if at all possible, you and (II) (prongs 1, 2, and 4), EPA is
Air Quality Plans; Georgia; contact the person listed in the FOR taking final action to approve Georgia’s
Infrastructure Requirements for the FURTHER INFORMATION CONTACT section to infrastructure submission submitted on
2010 Sulfur Dioxide National Ambient schedule your inspection. The Regional October 22, 2013, and supplemented on
Air Quality Standard Office’s official hours of business are July 25, 2014, for the 2010 1-hour SO2
AGENCY: Environmental Protection Monday through Friday, 8:30 a.m. to NAAQS. EPA is taking final action to
Agency (EPA). 4:30 p.m., excluding Federal holidays. approve Georgia’s infrastructure SIP
FOR FURTHER INFORMATION CONTACT:
submission for the 2010 1-hour SO2
ACTION: Final rule.
Michele Notarianni, Air Regulatory NAAQS because the submission is
SUMMARY: The Environmental Protection Management Section, Air Planning and consistent with section 110 of the CAA.
Agency (EPA) is taking final action to Implementation Branch, Air, Pesticides III. Statutory and Executive Order
approve portions of the State and Toxics Management Division, U.S. Reviews
Implementation Plan (SIP) submission, Environmental Protection Agency,
submitted by the State of Georgia, Under the CAA, the Administrator is
Region 4, 61 Forsyth Street SW.,
through the Georgia Department of required to approve a SIP submission
Atlanta, Georgia 30303–8960. Ms.
Natural Resources (DNR), that complies with the provisions of the
Notarianni can be reached via electronic
Environmental Protection Division Act and applicable Federal regulations.
mail at notarianni.michele@epa.gov or
(EPD), on October 22, 2013, and See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
via telephone at (404) 562–9031.
supplemented on July 25, 2014, for Thus, in reviewing SIP submissions,
SUPPLEMENTARY INFORMATION:
inclusion into the Georgia SIP. This 1 Today, EPA is providing clarification for an
final action pertains to the infrastructure I. Background and Overview
inadvertent typographical error that was included
requirements of the Clean Air Act (CAA On June 22, 2010 (75 FR 35520), EPA in the February 5, 2016, proposed rulemaking, for
or Act) for the 2010 1-hour sulfur revised the primary SO2 NAAQS to an this final action. In the February 5, 2016, proposed
asabaliauskas on DSK3SPTVN1PROD with RULES
dioxide (SO2) national ambient air hourly standard of 75 parts per billion rulemaking it was stated that the 2010 1-hour SO2
NAAQS infrastructure SIPs were due no later than
quality standard (NAAQS). The CAA (ppb) based on a 3-year average of the June 22, 2013. The 2010 1-hour SO2 NAAQS
requires that each state adopt and annual 99th percentile of 1-hour daily infrastructure SIPs were actually due to EPA from
submit a SIP for the implementation, maximum concentrations. Pursuant to states no later than June 2, 2013.
2 Georgia’s 2010 1-hour SO NAAQS
maintenance and enforcement of each section 110(a)(1) of the CAA, states are 2
infrastructure SIP submission dated October 22,
NAAQS promulgated by EPA, which is required to submit SIPs meeting the 2013, and supplemented on July 25, 2014, is also
commonly referred to as an applicable requirements of section collectively referred to as ‘‘Georgia’s SO2
‘‘infrastructure SIP submission.’’ The 110(a)(2) within three years after infrastructure SIP’’ in this action.
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![25356 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Rules and Regulations
EPA’s role is to approve state choices, • does not provide EPA with the Administrator of this final rule does not
provided that they meet the criteria of discretionary authority to address, as affect the finality of this action for the
the CAA. Accordingly, this action appropriate, disproportionate human purposes of judicial review nor does it
merely approves state law as meeting health or environmental effects, using extend the time within which a petition
federal requirements and does not practicable and legally permissible for judicial review may be filed, and
impose additional requirements beyond methods, under Executive Order 12898 shall not postpone the effectiveness of
those imposed by state law. For that (59 FR 7629, February 16, 1994). such rule or action. This action may not
reason, this action: The SIP is not approved to apply on be challenged later in proceedings to
• Is not a significant regulatory action any Indian reservation land or in any enforce its requirements. See section
subject to review by the Office of other area where EPA or an Indian tribe 307(b)(2).
Management and Budget under has demonstrated that a tribe has
Executive Orders 12866 (58 FR 51735, List of Subjects in 40 CFR Part 52
jurisdiction. In those areas of Indian
October 4, 1993) and 13563 (76 FR 3821, country, the rule does not have tribal Environmental protection, Air
January 21, 2011); implications as specified by Executive pollution control, Incorporation by
• does not impose an information Order 13175 (65 FR 67249, November 9,
collection burden under the provisions reference, Intergovernmental relations,
2000), nor will it impose substantial Reporting and recordkeeping
of the Paperwork Reduction Act (44 direct costs on tribal governments or
U.S.C. 3501 et seq.); requirements, Sulfur dioxide.
preempt tribal law.
• is certified as not having a The Congressional Review Act, 5 Dated: April 14, 2016.
significant economic impact on a U.S.C. 801 et seq., as added by the Small Heather McTeer Toney,
substantial number of small entities Business Regulatory Enforcement Regional Administrator, Region 4.
under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides
U.S.C. 601 et seq.); 40 CFR part 52 is amended as follows:
that before a rule may take effect, the
• does not contain any unfunded
agency promulgating the rule must PART 52—[APPROVAL AND
mandate or significantly or uniquely
submit a rule report, which includes a PROMULGATION OF
affect small governments, as described
copy of the rule, to each House of the IMPLEMENTATION PLANS]
in the Unfunded Mandates Reform Act
Congress and to the Comptroller General
of 1995 (Pub. L. 104–4);
• does not have Federalism of the United States. EPA will submit a
■ 1. The authority citation for part 52
implications as specified in Executive report containing this action and other
continues to read as follows:
Order 13132 (64 FR 43255, August 10, required information to the U.S. Senate,
the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
1999);
• is not an economically significant the Comptroller General of the United
States prior to publication of the rule in Subpart L—Georgia
regulatory action based on health or
safety risks subject to Executive Order the Federal Register. A major rule
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it ■ 2. Section 52.570(e), is amended by
• is not a significant regulatory action is published in the Federal Register. adding an entry for ‘‘110(a)(1) and (2)
subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as Infrastructure Requirements for the 2010
28355, May 22, 2001); defined by 5 U.S.C. 804(2). 1-hour SO2 National Ambient Air
• is not subject to requirements of Under section 307(b)(1) of the CAA, Quality Standard’’ at the end of the table
Section 12(d) of the National petitions for judicial review of this to read as follows:
Technology Transfer and Advancement action must be filed in the United States § 52.570 Identification of plan.
Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate
application of those requirements would circuit by June 27, 2016. Filing a * * * * *
be inconsistent with the CAA; and petition for reconsideration by the (e) * * *
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Applicable State submittal
geographic or
Name of nonregulatory SIP provision date/effective EPA approval date Explanation
nonattainment date
area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- Georgia ............. 10/22/2013 4/28/2016 [Insert ci- With the exception of interstate transport
ments for the 2010 1-hour SO2 National tation of publica- requirements of section
Ambient Air Quality Standard. tion]. 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
and 4).
[FR Doc. 2016–09861 Filed 4–27–16; 8:45 am]
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Document Created: 2016-04-28 01:05:23
Document Modified: 2016-04-28 01:05:23
| 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 31, 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 25355 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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