81 FR 63704 - Air Plan Approval; SC Infrastructure Requirements for the 2010 1-Hour NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63704-63705 | |
| FR Document | 2016-22239 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Rules and Regulations] [Pages 63704-63705] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22239] [[Page 63704]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0251; FRL-FRL-9952-28-Region 4] Air Plan Approval; SC Infrastructure Requirements for the 2010 1- Hour NO2 NAAQS AGENCY: Environmental Protection Agency. 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 South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC) on April 30, 2014, to demonstrate that the State meets certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO2 ) national ambient air quality standards (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. SC DHEC certified that the South Carolina SIP contains provisions that ensure the 2010 NO2 NAAQS are implemented, enforced, and maintained in South Carolina. EPA has determined that South Carolina's SIP satisfies certain required infrastructure elements for the 2010 NO2 NAAQS. DATES: This rule will be effective October 17, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0251. 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, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached 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 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 NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on June 27, 2016 (81 FR 41498), EPA proposed to approve South Carolina's 2010 1-hour NO2 NAAQS infrastructure SIP submission submitted on April 30, 2014, 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 South Carolina's April 30, 2014, 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). On August 22, 2016 (81 FR 56512) EPA conditionally approved South Carolina's April 30, 2014, infrastructure SIP submission regarding prong 4 of D(i) for the 2010 1-hour NO2 NAAQS. Therefore, EPA is not taking any action today pertaining to prong 4. 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 South Carolina'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 approve South Carolina's infrastructure SIP submission for the 2010 1-hour NO2 NAAQS. EPA is taking final action to approve portions of South Carolina's infrastructure SIP submission for the 2010 1-hour NO2 NAAQS because it 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.); [[Page 63705]] Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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). In addition, this action for the state of South Carolina does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Catawba Indian Nation Reservation is located within the State of South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, South Carolina statute 27-16-120, ``all state and local environmental laws and regulations apply to the [Catawba Indian Nation] and Reservation and are fully enforceable by all relevant state and local agencies and authorities.'' However, EPA has determined that this rule does not have substantial direct effects on an Indian Tribe because this action is not approving any specific rule, but rather approving that South Carolina's already approved SIP meets certain CAA requirements. EPA notes this action will not 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 15, 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 PP--South Carolina 0 2. In Sec. 52.2120, the table in paragraph (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. 52.2120 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- State Provision effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 04/30/2014 09/16/2016, [Insert Federal With the exception of Requirements for the 2010 1-hour Register citation]. sections NO2 NAAQS. 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. 2016-22239 Filed 9-15-16; 8:45 am] BILLING CODE 6560-50-P
![63704 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA August 22, 2016 (81 FR 56512) EPA
AGENCY requests that if at all possible, you conditionally approved South Carolina’s
contact the person listed in the FOR April 30, 2014, infrastructure SIP
40 CFR Part 52 FURTHER INFORMATION CONTACT section to submission regarding prong 4 of D(i) for
schedule your inspection. The Regional the 2010 1-hour NO2 NAAQS.
[EPA–R04–OAR–2015–0251; FRL–FRL–
Office’s official hours of business are Therefore, EPA is not taking any action
9952–28–Region 4]
Monday through Friday 8:30 a.m. to today pertaining to prong 4. With
Air Plan Approval; SC Infrastructure 4:30 p.m., excluding Federal holidays. respect to the interstate transport
Requirements for the 2010 1-Hour NO2 FOR FURTHER INFORMATION CONTACT: requirements of section 110(a)(2)(D)(i)(I)
NAAQS Richard Wong, Air Regulatory (prongs 1 and 2), EPA does not yet have
Management Section, Air Planning and a submission before the Agency for
AGENCY: Environmental Protection Implementation Branch, Pesticides and action. The details of South Carolina’s
Agency. Toxics Management Division, Region 4, submission and the rationale for EPA’s
ACTION: Final rule. U.S. Environmental Protection Agency, action are explained in the proposed
61 Forsyth Street SW., Atlanta, Georgia rulemaking. Comments on the proposed
SUMMARY: The Environmental Protection 30303–8960. The telephone number is rulemaking were due on or before July
Agency (EPA) is taking final action to (404) 562–8726. Mr. Richard Wong can 28, 2016. EPA received no adverse
approve portions of the State also be reached via electronic mail at comments on the proposed action.
Implementation Plan (SIP) submission, wong.richard@epa.gov. II. Final Action
submitted by the State of South
SUPPLEMENTARY INFORMATION:
Carolina, through the South Carolina With the exception of the PSD
Department of Health and I. Background and Overview permitting requirements for major
Environmental Control (SC DHEC) on sources of sections 110(a)(2)(C), prong 3
On January 22, 2010, (published at 75
April 30, 2014, to demonstrate that the of D(i), and (J) and the interstate
FR 6474, February 9, 2010), EPA
State meets certain infrastructure transport requirements of section
promulgated a new 1-hour primary
requirements of the Clean Air Act (CAA 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
NAAQS for NO2 at a level of 100 parts
or Act) for the 2010 1-hour nitrogen and 4), EPA is taking final action to
per billion, based on a 3-year average of
dioxide (NO2) national ambient air approve South Carolina’s infrastructure
the 98th percentile of the yearly
quality standards (NAAQS). The CAA SIP submission for the 2010 1-hour NO2
distribution of 1-hour daily maximum
requires that each state adopt and NAAQS. EPA is taking final action to
concentrations. Pursuant to section
submit a SIP for the implementation, approve portions of South Carolina’s
110(a)(1) of the CAA, states are required
maintenance and enforcement of each infrastructure SIP submission for the
to submit SIPs meeting the requirements
NAAQS promulgated by EPA, which is 2010 1-hour NO2 NAAQS because it is
of section 110(a)(2) within three years
commonly referred to as an consistent with section 110 of the CAA.
after promulgation of a new or revised
‘‘infrastructure’’ SIP. SC DHEC certified
NAAQS or within such shorter period III. Statutory and Executive Order
that the South Carolina SIP contains
as EPA may prescribe. Section 110(a)(2) Reviews
provisions that ensure the 2010 NO2
requires states to address basic SIP
NAAQS are implemented, enforced, and
elements such as requirements for Under the CAA, the Administrator is
maintained in South Carolina. EPA has
monitoring, basic program requirements required to approve a SIP submission
determined that South Carolina’s SIP
and legal authority that are designed to that complies with the provisions of the
satisfies certain required infrastructure
assure attainment and maintenance of Act and applicable federal regulations.
elements for the 2010 NO2 NAAQS.
the NAAQS. States were required to See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
DATES: This rule will be effective submit such SIPs for the 2010 NO2 Thus, in reviewing SIP submissions,
October 17, 2016. NAAQS to EPA no later than January EPA’s role is to approve state choices,
ADDRESSES: EPA has established a 22, 2013. provided that they meet the criteria of
docket for this action under Docket In a proposed rulemaking published the CAA. Accordingly, this action
Identification No. EPA–R04–OAR– on June 27, 2016 (81 FR 41498), EPA merely approves state law as meeting
2015–0251. All documents in the docket proposed to approve South Carolina’s federal requirements and does not
are listed on the www.regulations.gov 2010 1-hour NO2 NAAQS infrastructure impose additional requirements beyond
Web site. Although listed in the index, SIP submission submitted on April 30, those imposed by state law. For that
some information is not publicly 2014, with the exception of the PSD reason, this action:
available, i.e., Confidential Business permitting requirements for major • Is not a significant regulatory action
Information or other information whose sources of sections 110(a)(2)(C), prong 3 subject to review by the Office of
disclosure is restricted by statute. of D(i), and (J) and the interstate Management and Budget under
Certain other material, such as transport requirements of section Executive Orders 12866 (58 FR 51735,
copyrighted material, is not placed on 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, October 4, 1993) and 13563 (76 FR 3821,
the Internet and will be publicly and 4), for which EPA did not propose January 21, 2011);
available only in hard copy form. any action. On March 18, 2015 (80 FR
Publicly available docket materials are 14019), EPA approved South Carolina’s • Does not impose an information
available either electronically through April 30, 2014, infrastructure SIP collection burden under the provisions
www.regulations.gov or in hard copy at submission regarding the PSD of the Paperwork Reduction Act (44
Lhorne on DSK30JT082PROD with RULES
the Air Regulatory Management Section, permitting requirements for major U.S.C. 3501 et seq.);
Air Planning and Implementation sources of sections 110(a)(2)(C), prong 3 • Is certified as not having a
Branch, Air, Pesticides and Toxics of D(i), and (J) for the 2010 1-hour NO2 significant economic impact on a
Management Division, U.S. NAAQS. Therefore, EPA is not taking substantial number of small entities
Environmental Protection Agency, any action today pertaining to sections under the Regulatory Flexibility Act (5
Region 4, 61 Forsyth Street SW., 110(a)(2)(C), prong 3 of D(i) and (J). On U.S.C. 601 et seq.);
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![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63705
• Does not contain any unfunded enforceable by all relevant state and extend the time within which a petition
mandate or significantly or uniquely local agencies and authorities.’’ for judicial review may be filed, and
affect small governments, as described However, EPA has determined that this shall not postpone the effectiveness of
in the Unfunded Mandates Reform Act rule does not have substantial direct such rule or action. This action may not
of 1995 (Public Law 104–4); effects on an Indian Tribe because this be challenged later in proceedings to
• Does not have Federalism action is not approving any specific enforce its requirements. See section
implications as specified in Executive rule, but rather approving that South 307(b)(2).
Order 13132 (64 FR 43255, August 10, Carolina’s already approved SIP meets
certain CAA requirements. EPA notes List of Subjects in 40 CFR Part 52
1999);
• Is not an economically significant this action will not impose substantial Environmental protection, Air
regulatory action based on health or direct costs on Tribal governments or pollution control, Incorporation by
safety risks subject to Executive Order preempt Tribal law. reference, Intergovernmental relations,
13045 (62 FR 19885, April 23, 1997); The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Reporting and
• Is not a significant regulatory action U.S.C. 801 et seq., as added by the Small recordkeeping requirements, Volatile
subject to Executive Order 13211 (66 FR Business Regulatory Enforcement organic compounds.
28355, May 22, 2001); Fairness Act of 1996, generally provides
Dated: September 2, 2016.
• Is not subject to requirements of that before a rule may take effect, the
section 12(d) of the National agency promulgating the rule must V. Anne Heard,
Technology Transfer and Advancement submit a rule report, which includes a Acting Regional Administrator, Region 4.
Act of 1995 (15 U.S.C. 272 note) because copy of the rule, to each House of the 40 CFR part 52 is amended as follows:
application of those requirements would Congress and to the Comptroller General
be inconsistent with the CAA; and of the United States. EPA will submit a PART 52—APPROVAL AND
• Does not provide EPA with the report containing this action and other PROMULGATION OF
discretionary authority to address, as required information to the U.S. Senate, IMPLEMENTATION PLANS
appropriate, disproportionate human the U.S. House of Representatives, and
health or environmental effects, using the Comptroller General of the United ■ 1. The authority citation for part 52
practicable and legally permissible States prior to publication of the rule in continues to read as follows:
methods, under Executive Order 12898 the Federal Register. A major rule Authority: 42.U.S.C. 7401 et seq.
(59 FR 7629, February 16, 1994). cannot take effect until 60 days after it
In addition, this action for the state of is published in the Federal Register. Subpart PP—South Carolina
South Carolina does not have Tribal This action is not a ‘‘major rule’’ as
implications as specified by Executive defined by 5 U.S.C. 804(2). ■ 2. In § 52.2120, the table in paragraph
Order 13175 (65 FR 67249, November 9, Under section 307(b)(1) of the CAA, (e) is amended by adding the entry
2000). The Catawba Indian Nation petitions for judicial review of this ‘‘110(a)(1) and (2) Infrastructure
Reservation is located within the State action must be filed in the United States Requirements for the 2010 1-hour NO2
of South Carolina. Pursuant to the Court of Appeals for the appropriate NAAQS’’ at the end of the table to read
Catawba Indian Claims Settlement Act, circuit by November 15, 2016. Filing a as follows:
South Carolina statute 27–16–120, ‘‘all petition for reconsideration by the
state and local environmental laws and Administrator of this final rule does not § 52.2120 Identification of plan.
regulations apply to the [Catawba Indian affect the finality of this action for the * * * * *
Nation] and Reservation and are fully purposes of judicial review nor does it (e) * * *
State EPA approval
Provision effective Explanation
date
date
* * * * * * *
110(a)(1) and (2) Infrastructure Requirements for 04/30/2014 09/16/2016, [Insert With the exception of sections 110(a)(2)(C), prong
the 2010 1-hour NO2 NAAQS. Federal Register 3 of D(i), and (J) and sections 110(a)(2)(D)(i)(I)
citation]. and (II) (prongs 1, 2, and 4).
[FR Doc. 2016–22239 Filed 9–15–16; 8:45 am] ACTION: Final rule. requires that each state adopt and
BILLING CODE 6560–50–P submit a SIP for the implementation,
SUMMARY: The Environmental Protection maintenance and enforcement of each
Agency (EPA) is taking final action to NAAQS promulgated by EPA, which is
ENVIRONMENTAL PROTECTION approve in part, and disapprove in part, commonly referred to as an
AGENCY portions of the State Implementation ‘‘infrastructure’’ SIP. The MDEQ
Plan (SIP) submission, submitted by the certified that the Mississippi SIP
40 CFR Part 52
State of Mississippi, through the contains provisions that ensure the 2010
[EPA–R04–OAR–2014–0751; FRL–9952–33– Mississippi Department of NO2 NAAQS are implemented,
Region 4] Environmental Quality (MDEQ) on enforced, and maintained in
Lhorne on DSK30JT082PROD with RULES
February 28, 2013, to demonstrate that Mississippi. With the exception of the
Air Plan Approval/Disapproval; MS the State meets the infrastructure state board majority requirements
Infrastructure Requirements for the
requirements of the Clean Air Act (CAA respecting significant portion of income,
2010 NO2 NAAQS
or Act) for the 2010 1-hour nitrogen for which EPA is disapproving, EPA has
AGENCY: Environmental Protection dioxide (NO2) national ambient air determined portions of Mississippi’s SIP
Agency (EPA). quality standards (NAAQS). The CAA submission, provided to EPA on
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Document Created: 2016-09-16 00:25:33
Document Modified: 2016-09-16 00:25:33
| 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 17, 2016. | |
| Contact | Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached via electronic mail at [email protected] | |
| FR Citation | 81 FR 63704 | |
| 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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