81 FR 58400 - Air Plan Approval; North Carolina; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 165 (August 25, 2016)
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58400-58402 | |
| FR Document | 2016-20309 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Rules and Regulations] [Pages 58400-58402] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20309] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0449; FRL-9951-25-Region 4] Air Plan Approval; North Carolina; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of North Carolina through the North Carolina Division of Air Quality (NC DAQ) on May 31, 2013. North Carolina's May 31, 2013, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). EPA is approving North Carolina's Progress Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze. DATES: This rule will be effective September 26, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0449. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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: 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. Mr. Lakeman can be reached by phone at (404) 562-9043 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Under the Regional Haze Rule,\1\ each state was required to submit its first implementation plan addressing regional haze visibility impairment to EPA no later than December 17, 2007. See 40 CFR 51.308(b). North Carolina submitted its regional haze plan on that date, and like many other states subject to the Clean Air Interstate Rule (CAIR), relied on CAIR to satisfy best available retrofit technology (BART) requirements for emissions of sulfur dioxide (SO2 ) and nitrogen oxides (NOX ) from electric generating units (EGUs) in the State. On June 7, 2012, EPA finalized a limited disapproval of North Carolina's December 17, 2007, regional haze plan submission because of deficiencies arising from the State's reliance on CAIR to satisfy certain regional haze requirements. See 77 FR 33642. In a separate action taken on June 27, 2012, EPA finalized a limited approval of North Carolina's December 17, 2007, regional haze plan submission, as meeting some of the applicable regional haze requirements as set forth in sections 169A and 169B of the CAA and in 40 CFR 51.300-308. See 77 FR 38185. On October 31, 2014, the State submitted a regional haze plan revision to correct the deficiencies identified in the June 27, 2012, limited disapproval by replacing reliance on CAIR with reliance on the State's Clean Smokestacks Act (CSA) as an alternative to NOX and SO2 BART for BART-eligible EGUs formerly subject to CAIR. EPA approved that SIP revision on May 24, 2016, resulting in a full approval of North Carolina's regional haze plan. See 81 FR 32652. --------------------------------------------------------------------------- \1\ Located in 40 CFR part 51, subpart P. --------------------------------------------------------------------------- Each state is also required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and for each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). Each state is also required to submit, at the same time as the progress report, a determination of the adequacy of its existing regional haze plan. See 40 CFR 51.308(h). The first progress report was [[Page 58401]] due five years after submittal of the initial regional haze plan. On May 31, 2013, as required by 40 CFR 51.308(g), NC DAQ submitted to EPA, in the form of a revision to North Carolina's SIP, a report on progress made towards the RPGs for Class I areas in the State and for Class I areas outside the State that are affected by emissions from sources within the State. This submission also includes a negative declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional haze plan is sufficient in meeting the requirements of the Regional Haze Rule and revised RPGs for the five Class I areas within the State based on updated modeling. In a notice of proposed rulemaking (NPRM) published on June 15, 2016 (81 FR 38986), EPA proposed to approve North Carolina's Progress Report on the basis that it satisfies the requirements of 40 CFR 51.308(g) and 51.308(h) now that EPA has fully approved the State's regional haze plan. No comments were received on the June 15, 2016, proposed rulemaking. The details of North Carolina's submittal and the rationale for EPA's actions are further explained in the NPRM. See 81 FR 38986 (June 15, 2016). II. Final Action EPA is finalizing approval of North Carolina's Regional Haze Progress Report SIP revision, submitted by the State on May 31, 2013, as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and 51.308(h). EPA also is finalizing approval of the updated RPGs for North Carolina's Class I areas. 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 October 24, 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, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: August 15, 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 an entry for ``May 2013 Regional Haze Progress Report'' at the end of the table to read as follows: Sec. 52.1770 Identification of plan. * * * * * (e) * * * [[Page 58402]] EPA-Approved North Carolina Non-Regulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- State EPA Approval Provision effective date date Federal Register citation Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- May 2013 Regional Haze Progress 5/31/2013 8/25/2016 [Insert citation of publication]........ Includes updated reasonable progress Report. goals for North Carolina's Class I areas. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-20309 Filed 8-24-16; 8:45 am] BILLING CODE 6560-50-P
![58400 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
§ 52.2620 Identification of plan (c) * * *
* * * * *
State effective EPA effective
Rule no. Rule title Final rule citation/date Comments
date date
* * * * * * *
Chapter 08. Non-attainment Area Regulations
* * * * * * *
Section 05 ........... Ozone nonattainment emission in- 11/22/2013 10/24/2016. [Insert Federal Register citation]. 8/
ventory rule. 25/2016.
Section 10 ........... Incorporation by reference ............... 11/22/2013 10/24/2016. [Insert Federal Register citation]. 8/
25/2016.
* * * * * * *
* * * * * some information may not be publicly to the Clean Air Interstate Rule (CAIR),
[FR Doc. 2016–20315 Filed 8–24–16; 8:45 am] available, i.e., Confidential Business relied on CAIR to satisfy best available
BILLING CODE 6560–50–P Information or other information whose retrofit technology (BART) requirements
disclosure is restricted by statute. for emissions of sulfur dioxide (SO2)
Certain other material, such as and nitrogen oxides (NOX) from electric
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on generating units (EGUs) in the State. On
AGENCY the Internet and will be publicly June 7, 2012, EPA finalized a limited
available only in hard copy form. disapproval of North Carolina’s
40 CFR Part 52 Publicly available docket materials are December 17, 2007, regional haze plan
[EPA–R04–OAR–2015–0449; FRL–9951–25– available either electronically through submission because of deficiencies
Region 4] www.regulations.gov or in hard copy at arising from the State’s reliance on CAIR
the Air Regulatory Management Section, to satisfy certain regional haze
Air Plan Approval; North Carolina; Air Planning and Implementation requirements. See 77 FR 33642. In a
Regional Haze Progress Report Branch, Air, Pesticides and Toxics separate action taken on June 27, 2012,
Management Division, U.S. EPA finalized a limited approval of
AGENCY: Environmental Protection
Environmental Protection Agency, North Carolina’s December 17, 2007,
Agency (EPA).
Region 4, 61 Forsyth Street SW., regional haze plan submission, as
ACTION: Final rule. Atlanta, Georgia 30303–8960. EPA meeting some of the applicable regional
requests that if at all possible, you haze requirements as set forth in
SUMMARY: The Environmental Protection
contact the person listed in the FOR sections 169A and 169B of the CAA and
Agency (EPA) is approving a State
FURTHER INFORMATION CONTACT section to
Implementation Plan (SIP) revision in 40 CFR 51.300–308. See 77 FR 38185.
schedule your inspection. The Regional On October 31, 2014, the State
submitted by the State of North Carolina
Office’s official hours of business are submitted a regional haze plan revision
through the North Carolina Division of
Monday through Friday 8:30 a.m. to
Air Quality (NC DAQ) on May 31, 2013. to correct the deficiencies identified in
4:30 p.m., excluding Federal holidays.
North Carolina’s May 31, 2013, SIP the June 27, 2012, limited disapproval
FOR FURTHER INFORMATION CONTACT: by replacing reliance on CAIR with
revision (Progress Report) addresses
requirements of the Clean Air Act (CAA Sean Lakeman, Air Regulatory reliance on the State’s Clean
or Act) and EPA’s rules that require Management Section, Air Planning and Smokestacks Act (CSA) as an alternative
each state to submit periodic reports Implementation Branch, Air, Pesticides to NOX and SO2 BART for BART-
and Toxics Management Division, U.S. eligible EGUs formerly subject to CAIR.
describing progress towards reasonable
Environmental Protection Agency,
progress goals (RPGs) established for EPA approved that SIP revision on May
Region 4, 61 Forsyth Street SW.,
regional haze and a determination of the 24, 2016, resulting in a full approval of
Atlanta, Georgia 30303–8960. Mr.
adequacy of the state’s existing SIP North Carolina’s regional haze plan. See
Lakeman can be reached by phone at
addressing regional haze (regional haze 81 FR 32652.
(404) 562–9043 and via electronic mail
plan). EPA is approving North Each state is also required to submit
at lakeman.sean@epa.gov.
Carolina’s Progress Report on the basis a progress report in the form of a SIP
that it addresses the progress report and SUPPLEMENTARY INFORMATION:
revision every five years that evaluates
adequacy determination requirements I. Background progress towards the RPGs for each
for the first implementation period for mandatory Class I Federal area within
Under the Regional Haze Rule,1 each
regional haze. the state and for each mandatory Class
state was required to submit its first
DATES: This rule will be effective implementation plan addressing I Federal area outside the state which
September 26, 2016. regional haze visibility impairment to may be affected by emissions from
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ADDRESSES: EPA has established a EPA no later than December 17, 2007. within the state. See 40 CFR 51.308(g).
docket for this action under Docket See 40 CFR 51.308(b). North Carolina Each state is also required to submit, at
Identification No. EPA–R04–OAR– submitted its regional haze plan on that the same time as the progress report, a
2015–0449. All documents in the docket date, and like many other states subject determination of the adequacy of its
are listed on the www.regulations.gov existing regional haze plan. See 40 CFR
Web site. Although listed in the index, 1 Located in 40 CFR part 51, subpart P. 51.308(h). The first progress report was
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![58402 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA Approval
Provision Federal Register citation Explanation
date date
* * * * * * *
May 2013 Regional Haze Progress Report ............... 5/31/2013 8/25/2016 [Insert citation of publica- Includes updated reason-
tion]. able progress goals for
North Carolina’s Class I
areas.
[FR Doc. 2016–20309 Filed 8–24–16; 8:45 am] comments cannot be edited or removed hour standard of 65 mg/m3 (based on a
BILLING CODE 6560–50–P from Regulations.gov. For either manner 3-year average of the 98th percentile of
of submission, EPA may publish any 24-hour concentrations). See 62 FR
comment received to its public docket. 38652. On December 17, 2004, based on
ENVIRONMENTAL PROTECTION Do not submit electronically any 2001–2003 monitoring data, EPA
AGENCY information you consider to be designated the Cincinnati-Hamilton OH-
Confidential Business Information (CBI) KY-IN area (the Cincinnati-Hamilton
40 CFR Part 52 or other information whose disclosure is area) as nonattainment for the annual
[EPA–R05–OAR–2016–0169; FRL–9951–29– restricted by statute. Multimedia standard for fine particles, and these
Region 5] submissions (audio, video, etc.) must be designations became effective on April
accompanied by a written comment. 5, 2005. See 70 FR 944. On July 3, 2008,
Air Plan Approval; Indiana; RACM The written comment is considered the Indiana requested that EPA redesignate
Determination for Indiana Portion of official comment and should include as attainment its portion of the
the Cincinnati-Hamilton 1997 Annual discussion of all points you wish to
PM2.5 Nonattainment Area Cincinnati-Hamilton area, showing that
make. EPA will generally not consider existing permanent and enforceable
AGENCY: Environmental Protection comments or comment contents located controls would provide for timely
Agency (EPA). outside of the primary submission (i.e. attainment of the 1997 PM2.5 standard
ACTION: Direct final rule. on the web, cloud, or other file sharing by the attainment deadline of April 5,
system). For additional submission 2010. On September 29, 2011, based on
SUMMARY: The Environmental Protection methods, please contact the person
Agency (EPA) is approving the 2007–2009 monitoring data, EPA made
identified in the FOR FURTHER a ‘‘clean data determination’’ and
reasonably available control measures INFORMATION CONTACT section. For the
(RACM) and reasonably available determination of attainment, indicating
full EPA public comment policy, that the entire area was attaining the
control technology (RACT) analysis that information about CBI or multimedia
Indiana submitted as part of its 1997 PM2.5 NAAQS by its applicable
submissions, and general guidance on attainment date. See 76 FR 60373. The
attainment plan for the 1997 fine making effective comments, please visit
particulate matter (PM2.5) standard, in clean data determination suspended all
http://www2.epa.gov/dockets/ further planning SIP revision
accordance with Indiana’s request dated commenting-epa-dockets.
February 11, 2016. The RACM/RACT requirements.
FOR FURTHER INFORMATION CONTACT: As part of its action approving the
analysis addresses RACM and RACT for
Joseph Ko, Environmental Engineer, redesignation of the Indiana and Ohio
the Indiana portion of the Cincinnati-
Attainment, Planning and Maintenance portions of the Cincinnati-Hamilton area
Hamilton nonattainment area for the
Section, Air Programs Branch (AR–18J), to attainment, published on December
1997 PM2.5 standard. EPA is not acting
Environmental Protection Agency, 23, 2011, EPA found that the states of
on the portions of the State
Region 5, 77 West Jackson Boulevard, Ohio and Indiana had satisfied the
Implementation Plan (SIP) submission
Chicago, Illinois 60604, (312) 886–7947, remaining applicable requirements,
that are unrelated to RACM/RACT.
ko.joseph@epa.gov. including the requirement to submit an
Other portions of the attainment plan
SUPPLEMENTARY INFORMATION: emission inventory in accordance with
have either been addressed or will be
addressed in future rulemaking actions. Throughout this document whenever section 172(c)(3). See 76 FR 80253. The
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean redesignation to attainment was based,
DATES: This direct final rule will be
EPA. This supplementary information in part, on EPA’s longstanding
effective October 24, 2016, unless EPA
section is arranged as follows: interpretation that Subpart 1
receives adverse comments by
September 26, 2016. If adverse I. Background nonattainment planning requirements,
comments are received, EPA will II. What are EPA’s actions? including RACM, are not ‘‘applicable’’
publish a timely withdrawal of the III. What is EPA’s analysis of the State’s for purposes of Clean Air Act section
RACM submittal? 107(d)(3)(E)(ii) and (v) when an area is
direct final rule in the Federal Register IV. What action is EPA taking?
informing the public that the rule will attaining the NAAQS and, therefore,
V. Statutory and Executive Order Reviews
not take effect. need not be approved into the SIP
ADDRESSES: Submit your comments, I. Background before EPA can redesignate the area. See
identified by Docket ID No. EPA–R05– On July 18, 1997, EPA promulgated 76 FR 80258.
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OAR–2016–0169 at http:// the first national ambient air quality On July 14, 2015, the United States
www.regulations.gov or via email to standards (NAAQS) for PM2.5. EPA Court of Appeals for the Sixth Circuit
aburano.douglas@epa.gov. For promulgated an annual standard of 15 (Sixth Circuit) issued an opinion in
comments submitted at Regulations.gov, micrograms per cubic meter (mg/m3) Sierra Club v. EPA, 793 F.3d 656 (6th
follow the online instructions for (based on a 3-year average of annual Cir. 2015), vacating EPA’s redesignation
submitting comments. Once submitted, mean PM2.5 concentrations) and a 24- of the Indiana and Ohio portions of the
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Document Created: 2016-08-25 00:34:51
Document Modified: 2016-08-25 00:34:51
| 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 September 26, 2016. | |
| 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. Mr. Lakeman can be reached by phone at (404) 562-9043 and via electronic mail at [email protected] | |
| FR Citation | 81 FR 58400 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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