81 FR 63106 - Air Plan Approval; GA Infrastructure Requirements for the 2010 1-Hour NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 178 (September 14, 2016)
Federal Register Volume 81, Issue 178 (September 14, 2016)
| Page Range | 63106-63107 | |
| FR Document | 2016-21991 |
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)] [Rules and Regulations] [Pages 63106-63107] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21991] [[Page 63106]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0250; FRL-9952-32-Region 4] Air Plan Approval; GA Infrastructure Requirements for the 2010 1- Hour NO2 NAAQS 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, Environmental Protection Division (GA EPD), on March 25, 2013, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO2 ) 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. GA EPD certified that the Georgia SIP contains provisions that ensure the 2010 1-hour NO2 NAAQS is implemented, enforced, and maintained in Georgia. EPA has determined that portions of Georgia's infrastructure submission, submitted on March 25, 2013, addresses certain required infrastructure elements for the 2010 1-hour NO2 NAAQS. DATES: This rule will be effective October 14, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0250. 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: Richard Wong, 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. Wong can be reached via telephone at (404) 562-8726 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Overview On January 22, 2010, (published at 75 FR 6474, February 9, 2010), EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion, based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS. Section 110(a)(2) requires states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 1-hour NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on June 28, 2016 (81 FR 41905), EPA proposed to approve Georgia's 2010 1-hour NO2 NAAQS infrastructure SIP submission submitted on March 25, 2013, with the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and 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. On March 18, 2015 (80 FR 14019), EPA approved Georgia's March 25, 2013, infrastructure SIP submission regarding the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2010 1-hour NO2 NAAQS. Therefore, EPA is not taking any action today pertaining to sections 110(a)(2)(C), prong 3 of D(i), and (J). Additionally, on July 11, 2016, EPA published a proposed rule related to the prong 4 element of Georgia's March 25, 2013, SIP submission for the 2010 1-hour NO2 NAAQS. See 81 FR 44831. EPA will consider final action on the prong 4 element of Georgia's March 25, 2013, SIP submission for the 2010 1-hour NO2 NAAQS through a separate rulemaking. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA does not yet have a submission before the Agency for action. The details of Georgia's submission and the rationale for EPA's action are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before July 28, 2016. EPA received no adverse comments on the proposed action. II. Final Action With the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final action to action to approve Georgia's infrastructure submission submitted on March 25, 2013, for the 2010 1-hour NO2 NAAQS. EPA is taking final action to approve Georgia's infrastructure SIP submission for the 2010 1-hour NO2 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, 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 [[Page 63107]] 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 November 14, 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 dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 2, 2016. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart L--Georgia 0 2. Section 52.570(e), is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO 2 NAAQS'' 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 Explanation provision or nonattainment area effective date date ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Georgia.............. 3/25/2013 9/14/2016 With the exception of Requirements for the 2010 1-hour sections NO2 NAASQ. 110(a)(2)(C), prong 3 of D(i), and (J) and sections 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-21991 Filed 9-13-16; 8:45 am] BILLING CODE 6560-50-P
![63106 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA SIP submission for the 2010 1-hour NO2
AGENCY requests that if at all possible, you NAAQS. See 81 FR 44831. EPA will
contact the person listed in the FOR consider final action on the prong 4
40 CFR Part 52 FURTHER INFORMATION CONTACT section to element of Georgia’s March 25, 2013,
[EPA–R04–OAR–2015–0250; FRL–9952–32– schedule your inspection. The Regional SIP submission for the 2010 1-hour NO2
Region 4] Office’s official hours of business are NAAQS through a separate rulemaking.
Monday through Friday 8:30 a.m. to With respect to the interstate transport
Air Plan Approval; GA Infrastructure 4:30 p.m., excluding federal holidays. requirements of section 110(a)(2)(D)(i)(I)
Requirements for the 2010 1-Hour NO2 FOR FURTHER INFORMATION CONTACT: (prongs 1 and 2), EPA does not yet have
NAAQS Richard Wong, Air Regulatory a submission before the Agency for
Management Section, Air Planning and action. The details of Georgia’s
AGENCY: Environmental Protection submission and the rationale for EPA’s
Agency (EPA). Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S. action are explained in the proposed
ACTION: Final rule. rulemaking. Comments on the proposed
Environmental Protection Agency,
SUMMARY: The Environmental Protection Region 4, 61 Forsyth Street SW., rulemaking were due on or before July
Agency (EPA) is taking final action to Atlanta, Georgia 30303–8960. Mr. Wong 28, 2016. EPA received no adverse
approve portions of the State can be reached via telephone at (404) comments on the proposed action.
Implementation Plan (SIP) submission, 562–8726 or via electronic mail at II. Final Action
submitted by the State of Georgia, wong.richard@epa.gov.
through the Georgia Department of With the exception of the PSD
SUPPLEMENTARY INFORMATION:
Natural Resources, Environmental permitting requirements for major
Protection Division (GA EPD), on March I. Background and Overview sources of sections 110(a)(2)(C), prong 3
25, 2013, to demonstrate that the State of D(i), and (J) and the interstate
On January 22, 2010, (published at 75
meets the infrastructure requirements of transport requirements of section
FR 6474, February 9, 2010), EPA
the Clean Air Act (CAA or Act) for the 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
promulgated a new 1-hour primary
2010 1-hour nitrogen dioxide (NO2) and 4), EPA is taking final action to
NAAQS for NO2 at a level of 100 parts
national ambient air quality standard action to approve Georgia’s
per billion, based on a 3-year average of
(NAAQS). The CAA requires that each infrastructure submission submitted on
the 98th percentile of the yearly
state adopt and submit a SIP for the March 25, 2013, for the 2010 1-hour
distribution of 1-hour daily maximum
implementation, maintenance and NO2 NAAQS. EPA is taking final action
concentrations. Pursuant to section
enforcement of each NAAQS to approve Georgia’s infrastructure SIP
110(a)(1) of the CAA, states are required
promulgated by EPA, which is submission for the 2010 1-hour NO2
to submit SIPs meeting the requirements
commonly referred to as an NAAQS because the submission is
of section 110(a)(2) within three years
‘‘infrastructure’’ SIP. GA EPD certified consistent with section 110 of the CAA.
after promulgation of a new or revised
that the Georgia SIP contains provisions NAAQS. Section 110(a)(2) requires III. Statutory and Executive Order
that ensure the 2010 1-hour NO2 states to address basic SIP requirements, Reviews
NAAQS is implemented, enforced, and including emissions inventories, Under the CAA, the Administrator is
maintained in Georgia. EPA has monitoring, and modeling to assure required to approve a SIP submission
determined that portions of Georgia’s attainment and maintenance of the
infrastructure submission, submitted on that complies with the provisions of the
NAAQS. States were required to submit Act and applicable federal regulations.
March 25, 2013, addresses certain such SIPs for the 2010 1-hour NO2
required infrastructure elements for the See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
NAAQS to EPA no later than January Thus, in reviewing SIP submissions,
2010 1-hour NO2 NAAQS. 22, 2013. EPA’s role is to approve state choices,
DATES: This rule will be effective In a proposed rulemaking published provided that they meet the criteria of
October 14, 2016. on June 28, 2016 (81 FR 41905), EPA the CAA. Accordingly, this action
ADDRESSES: EPA has established a proposed to approve Georgia’s 2010 merely approves state law as meeting
docket for this action under Docket 1-hour NO2 NAAQS infrastructure SIP federal requirements and does not
Identification No. EPA–R04–OAR– submission submitted on March 25, impose additional requirements beyond
2015–0250. All documents in the docket 2013, with the exception of the PSD those imposed by state law. For that
are listed on the www.regulations.gov permitting requirements for major reason, this action:
Web site. Although listed in the index, sources of sections 110(a)(2)(C), prong 3 • Is not a significant regulatory action
some information is not publicly of D(i), and (J) and the interstate subject to review by the Office of
available, i.e., Confidential Business transport requirements of section Management and Budget under
Information or other information whose 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, Executive Orders 12866 (58 FR 51735,
disclosure is restricted by statute. and 4), for which EPA did not propose October 4, 1993) and 13563 (76 FR 3821,
Certain other material, such as any action. On March 18, 2015 (80 FR January 21, 2011);
copyrighted material, is not placed on 14019), EPA approved Georgia’s March • does not impose an information
the Internet and will be publicly 25, 2013, infrastructure SIP submission collection burden under the provisions
available only in hard copy form. regarding the PSD permitting of the Paperwork Reduction Act (44
Publicly available docket materials are requirements for major sources of U.S.C. 3501 et seq.);
asabaliauskas on DSK3SPTVN1PROD with RULES
available either electronically through sections 110(a)(2)(C), prong 3 of D(i), • is certified as not having a
www.regulations.gov or in hard copy at and (J) for the 2010 1-hour NO2 NAAQS. significant economic impact on a
the Air Regulatory Management Section, Therefore, EPA is not taking any action substantial number of small entities
Air Planning and Implementation today pertaining to sections 110(a)(2)(C), under the Regulatory Flexibility Act (5
Branch, Air, Pesticides and Toxics prong 3 of D(i), and (J). Additionally, on U.S.C. 601 et seq.);
Management Division, U.S. July 11, 2016, EPA published a • does not contain any unfunded
Environmental Protection Agency, proposed rule related to the prong 4 mandate or significantly or uniquely
Region 4, 61 Forsyth Street SW., element of Georgia’s March 25, 2013, affect small governments, as described
VerDate Sep<11>2014 20:49 Sep 13, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\14SER1.SGM 14SER1](https://thefederalregister.org/doc/81_FR_63284/page/1.svg)
![Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 63107
in the Unfunded Mandates Reform Act direct costs on tribal governments or be challenged later in proceedings to
of 1995 (Pub. L. 104–4); preempt tribal law. enforce its requirements. See section
• does not have Federalism The Congressional Review Act, 5 307(b)(2).
implications as specified in Executive U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52
Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement
1999); Fairness Act of 1996, generally provides Environmental protection, Air
• is not an economically significant that before a rule may take effect, the pollution control, Incorporation by
regulatory action based on health or agency promulgating the rule must reference, Intergovernmental relations,
safety risks subject to Executive Order submit a rule report, which includes a Nitrogen dioxide, Ozone, Reporting and
13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the recordkeeping requirements, Volatile
• is not a significant regulatory action Congress and to the Comptroller General organic compounds.
subject to Executive Order 13211 (66 FR of the United States. EPA will submit a Dated: September 2, 2016.
28355, May 22, 2001); report containing this action and other V. Anne Heard,
• is not subject to requirements of required information to the U.S. Senate, Acting Regional Administrator, Region 4.
Section 12(d) of the National the U.S. House of Representatives, and
Technology Transfer and Advancement the Comptroller General of the United 40 CFR part 52 is amended as follows:
Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in
application of those requirements would the Federal Register. A major rule PART 52—APPROVAL AND
be inconsistent with the CAA; and cannot take effect until 60 days after it PROMULGATION OF
IMPLEMENTATION PLANS
• does not provide EPA with the is published in the Federal Register.
discretionary authority to address, as This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
appropriate, disproportionate human defined by 5 U.S.C. 804(2). continues to read as follows:
health or environmental effects, using Under section 307(b)(1) of the CAA,
practicable and legally permissible petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
methods, under Executive Order 12898 action must be filed in the United States Subpart L—Georgia
(59 FR 7629, February 16, 1994). Court of Appeals for the appropriate
The SIP is not approved to apply on circuit by November 14, 2016. Filing a ■ 2. Section 52.570(e), is amended by
any Indian reservation land or in any petition for reconsideration by the adding the entry ‘‘110(a)(1) and (2)
other area where EPA or an Indian tribe Administrator of this final rule does not Infrastructure Requirements for the 2010
has demonstrated that a tribe has affect the finality of this action for the 1-hour NO2 NAAQS’’ at the end of the
jurisdiction. In those areas of Indian purposes of judicial review nor does it table to read as follows:
country, the rule does not have tribal extend the time within which a petition
implications as specified by Executive for judicial review may be filed, and § 52.570 Identification of plan.
Order 13175 (65 FR 67249, November 9, shall not postpone the effectiveness of * * * * *
2000), nor will it impose substantial such rule or action. This action may not (e) * * *
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State
Name of nonregulatory Applicable geographic or EPA approval
submittal date/ Explanation
SIP provision nonattainment area date
effective date
* * * * * * *
110(a)(1) and (2) Infrastructure Re- Georgia .......................................... 3/25/2013 9/14/2016 With the exception of sections
quirements for the 2010 1-hour 110(a)(2)(C), prong 3 of D(i),
NO2 NAASQ. and (J) and sections
110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4).
[FR Doc. 2016–21991 Filed 9–13–16; 8:45 am] ACTION: Final rule. permitting regulations and include the
BILLING CODE 6560–50–P adoption of some federal requirements
SUMMARY: The Environmental Protection regarding implementation of the fine
Agency (EPA) is approving, in part, and particulate matter (PM2.5) national
ENVIRONMENTAL PROTECTION disapproving, in part, changes to the ambient air quality standards (NAAQS)
AGENCY North Carolina State Implementation through the NSR permitting program. As
Plan (SIP), provided by the North a result of the disapproval of a portion
40 CFR Part 52
Carolina Department of Environmental of the State’s NSR requirements, EPA is
Quality (NC DEQ) through the Division also approving, in part, and
[EPA–R04–OAR–2015–0501; FRL–9952–31–
asabaliauskas on DSK3SPTVN1PROD with RULES
of Air Quality (DAQ), to EPA in disapproving, in part, the PSD elements
Region 4]
submittals dated May 16, 2011, (two of North Carolina’s infrastructure SIP
Air Plan Approval and Disapproval; separate submittals) and September 5, submittals for the 2008 lead, 2008 8-
North Carolina: New Source Review for 2013. These SIP submittals modify hour ozone, 2010 sulfur dioxide (SO2),
Fine Particulate Matter (PM2.5) North Carolina’s New Source Review 2010 nitrogen dioxide (NO2) and the
(NSR)—Prevention of Significant 2012 PM2.5 NAAQS, and converting the
AGENCY: Environmental Protection Deterioration (PSD) and Nonattainment Agency’s previous conditional
Agency. New Source Review (NNSR)— approvals of the PSD elements of North
VerDate Sep<11>2014 20:49 Sep 13, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\14SER1.SGM 14SER1](https://thefederalregister.org/doc/81_FR_63284/page/2.svg)
Document Created: 2016-09-14 02:27:19
Document Modified: 2016-09-14 02:27:19
| 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 October 14, 2016. | |
| Contact | Richard Wong, 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. Wong can be reached via telephone at (404) 562-8726 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 63106 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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