81_FR_84705 81 FR 84479 - Air Plan Approval; FL Infrastructure Requirements for the 2010 1-hour NO2

81 FR 84479 - Air Plan Approval; FL Infrastructure Requirements for the 2010 1-hour NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84479-84481
FR Document2016-28098

The Environmental Protection Agency (EPA) is taking final action to approve the State Implementation Plan (SIP) submission, submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), on January 22, 2013, to demonstrate that the State meets certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO<INF>2</INF>) 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. FDEP certified that the Florida SIP contains provisions that ensure the 2010 1-hour NO<INF>2</INF> NAAQS is implemented, enforced, and maintained in Florida. EPA has determined that Florida's infrastructure SIP submission, provided to EPA on January 22, 2013, satisfies certain required infrastructure elements for the 2010 1-hour NO<INF>2</INF> NAAQS.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84479-84481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28098]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0507; FRL-9955-49-Region 4]


Air Plan Approval; FL 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 the State Implementation Plan (SIP) submission, 
submitted by the State of Florida, through the Florida Department of 
Environmental Protection (FDEP), on January 22, 2013, 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. 
FDEP certified that the Florida SIP contains provisions that ensure the 
2010 1-hour NO2 NAAQS is implemented, enforced, and 
maintained in Florida. EPA has determined that Florida's infrastructure 
SIP submission, provided to EPA on January 22, 2013, satisfies certain 
required infrastructure elements for the 2010 1-hour NO2 
NAAQS.

DATES: This rule will be effective December 23, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0507. 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 wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On January 22, 2010 (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 July 20, 2016 (81 FR 47094), 
EPA proposed to approve Florida's 2010 1-hour NO2 NAAQS 
infrastructure SIP submission submitted on January 22, 2013, with the 
exception of the elements related to the ambient air quality monitoring 
and data system of section 110(a)(2)(B), and the prevention of 
significant deterioration (PSD) permitting requirements for major 
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J). EPA is not 
acting on Florida's January 22, 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 because it previously approved these requirements. 
See 80 FR 14019, March 18, 2015. Regarding section 110(a)(2)(B), EPA is 
not taking any action on this portion of Florida's 2010 1-hour 
NO2 NAAQS infrastructure SIP submission in this action and 
will instead address this requirement in a separate action. Also note 
that EPA did not propose any action regarding the interstate transport 
provisions pertaining to the contribution to nonattainment or 
interference with maintenance in other states of prongs 1 and 2 of 
section 110(a)(2)(D)(i) because Florida's January 22, 2013 SIP 
submission did not address these requirements. The details of Florida's 
submission and the rationale for EPA's actions for this final 
rulemaking are explained in the July 20, 2016, proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 19, 
2016. EPA received no adverse comments on the proposed action.

[[Page 84480]]

II. Final Action

    With the exception of the elements related to the ambient air 
quality monitoring and data system of section 110(a)(2)(B), and the PSD 
permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of D(i), and (J), EPA is taking final action to approve 
Florida's infrastructure SIP submission for the 2010 1-hour 
NO2 NAAQS submitted on January 22, 2013. EPA is taking final 
action to approve Florida'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 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 January 23, 2017. 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: November 7, 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 K--Florida

0
2. In Sec.  52.520, the table in paragraph (e) is amended by adding the 
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS'' at the end of the table to read as follows:


Sec.  52.520   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     State         EPA approval      Federal  Register
           Provision             effective date        date               notice                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2)                    1/22/2013       11/23/2016   [Insert Federal         With the exception of
 Infrastructure Requirements                                       Register citation].     sections:
 for the 2010 1-hour NO2 NAAQS.                                                            110(a)(2)(B)
                                                                                           Concerning ambient
                                                                                           air quality
                                                                                           monitoring and data
                                                                                           system; 110(a)(2)(C)
                                                                                           and (J) concerning
                                                                                           PSD permitting
                                                                                           requirements; and
                                                                                           110(a)(2)(D)(i)(I)
                                                                                           and (II) (prongs 1
                                                                                           through 3) concerning
                                                                                           interstate transport
                                                                                           requirements.
----------------------------------------------------------------------------------------------------------------


[[Page 84481]]

[FR Doc. 2016-28098 Filed 11-22-16; 8:45 am]
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                                                              Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations                                        84479

                                                home viewing—27 cents per subscriber                    Department of Environmental Protection                I. Background and Overview
                                                per month—results in an unchanged                       (FDEP), on January 22, 2013, to
                                                rate of 27 cents per subscriber per                     demonstrate that the State meets certain                 On January 22, 2010 (75 FR 6474,
                                                month (rounded to the nearest cent). See                infrastructure requirements of the Clean              February 9, 2010), EPA promulgated a
                                                37 CFR 386.2(b)(1). Application of the                  Air Act (CAA or Act) for the 2010 1-                  new 1-hour primary NAAQS for NO2 at
                                                1.6% COLA to the current rate for                       hour nitrogen dioxide (NO2) national                  a level of 100 parts per billion, based on
                                                viewing in commercial establishments—                   ambient air quality standards (NAAQS).                a 3-year average of the 98th percentile
                                                56 cents per subscriber per month—                      The CAA requires that each state adopt                of the yearly distribution of 1-hour daily
                                                results in a rate of 57 cents per                       and submit a SIP for the                              maximum concentrations. Pursuant to
                                                subscriber per month (rounded to the                    implementation, maintenance and                       section 110(a)(1) of the CAA, states are
                                                nearest cent). See 37 CFR 386.2(b)(2).                  enforcement of each NAAQS                             required to submit SIPs meeting the
                                                                                                        promulgated by EPA, which is                          requirements of section 110(a)(2) within
                                                List of Subjects in 37 CFR Part 386                     commonly referred to as an                            three years after promulgation of a new
                                                  Copyright, Satellite, Television.                     ‘‘infrastructure’’ SIP. FDEP certified that           or revised NAAQS or within such
                                                                                                        the Florida SIP contains provisions that              shorter period as EPA may prescribe.
                                                Final Regulations
                                                                                                        ensure the 2010 1-hour NO2 NAAQS is                   Section 110(a)(2) requires states to
                                                  In consideration of the foregoing, the                implemented, enforced, and maintained                 address basic SIP elements such as
                                                Judges amend part 386 of title 37 of the                in Florida. EPA has determined that                   requirements for monitoring, basic
                                                Code of Federal Regulations as follows:                 Florida’s infrastructure SIP submission,              program requirements and legal
                                                                                                        provided to EPA on January 22, 2013,                  authority that are designed to assure
                                                PART 386—ADJUSTMENT OF                                  satisfies certain required infrastructure             attainment and maintenance of the
                                                ROYALTY FEES FOR SECONDARY                              elements for the 2010 1-hour NO2                      NAAQS. States were required to submit
                                                TRANSMISSIONS BY SATELLITE                              NAAQS.                                                such SIPs for the 2010 NO2 NAAQS to
                                                CARRIERS                                                                                                      EPA no later than January 22, 2013.
                                                                                                        DATES: This rule will be effective
                                                ■ 1. The authority citation for part 386                December 23, 2016.                                       In a proposed rulemaking published
                                                continues to read as follows:                           ADDRESSES: EPA has established a                      on July 20, 2016 (81 FR 47094), EPA
                                                    Authority: 17 U.S.C. 119(c), 801(b)(1).             docket for this action under Docket                   proposed to approve Florida’s 2010 1-
                                                                                                        Identification No. EPA–R04–OAR–                       hour NO2 NAAQS infrastructure SIP
                                                ■ 2. Section 386.2 is amended by adding
                                                                                                        2014–0507. All documents in the docket                submission submitted on January 22,
                                                paragraphs (b)(1)(viii) and (b)(2)(viii) as
                                                                                                        are listed on the www.regulations.gov                 2013, with the exception of the elements
                                                follows:
                                                                                                        Web site. Although listed in the index,               related to the ambient air quality
                                                § 386.2 Royalty fee for secondary                       some information is not publicly                      monitoring and data system of section
                                                transmission by satellite carriers.                     available, i.e., Confidential Business                110(a)(2)(B), and the prevention of
                                                *    *     *     *    *                                 Information or other information whose                significant deterioration (PSD)
                                                 (b) * * *                                              disclosure is restricted by statute.                  permitting requirements for major
                                                 (1) * * *                                              Certain other material, such as                       sources of sections 110(a)(2)(C), prong 3
                                                 (viii) 2017: 27 cents per subscriber per               copyrighted material, is not placed on                of D(i), and (J). EPA is not acting on
                                                month.                                                  the Internet and will be publicly                     Florida’s January 22, 2013,
                                                 (2) * * *                                              available only in hard copy form.                     infrastructure SIP submission regarding
                                                 (viii) 2017: 57 cents per subscriber per               Publicly available docket materials are               the PSD permitting requirements for
                                                month.                                                  available either electronically through               major sources of sections 110(a)(2)(C),
                                                  Dated: November 17, 2016.                             www.regulations.gov or in hard copy at                prong 3 of D(i) and (J) for the 2010 1-
                                                Suzanne M. Barnett,
                                                                                                        the Air Regulatory Management Section,                hour NO2 NAAQS because it previously
                                                                                                        Air Planning and Implementation                       approved these requirements. See 80 FR
                                                Chief Copyright Royalty Judge.
                                                                                                        Branch, Air, Pesticides and Toxics                    14019, March 18, 2015. Regarding
                                                [FR Doc. 2016–28180 Filed 11–22–16; 8:45 am]            Management Division, U.S.                             section 110(a)(2)(B), EPA is not taking
                                                BILLING CODE 1410–72–P                                  Environmental Protection Agency,                      any action on this portion of Florida’s
                                                                                                        Region 4, 61 Forsyth Street SW.,                      2010 1-hour NO2 NAAQS infrastructure
                                                                                                        Atlanta, Georgia 30303–8960. EPA                      SIP submission in this action and will
                                                ENVIRONMENTAL PROTECTION                                requests that if at all possible, you                 instead address this requirement in a
                                                AGENCY                                                  contact the person listed in the FOR                  separate action. Also note that EPA did
                                                                                                        FURTHER INFORMATION CONTACT section to                not propose any action regarding the
                                                40 CFR Part 52                                          schedule your inspection. The Regional                interstate transport provisions
                                                [EPA–R04–OAR–2014–0507; FRL–9955–49–                    Office’s official hours of business are               pertaining to the contribution to
                                                Region 4]                                               Monday through Friday 8:30 a.m. to                    nonattainment or interference with
                                                                                                        4:30 p.m., excluding Federal holidays.                maintenance in other states of prongs 1
                                                Air Plan Approval; FL Infrastructure                    FOR FURTHER INFORMATION CONTACT:                      and 2 of section 110(a)(2)(D)(i) because
                                                Requirements for the 2010 1-hour NO2                    Richard Wong, Air Regulatory                          Florida’s January 22, 2013 SIP
                                                NAAQS                                                   Management Section, Air Planning and                  submission did not address these
                                                AGENCY:  Environmental Protection                       Implementation Branch, Pesticides and                 requirements. The details of Florida’s
                                                Agency.                                                 Toxics Management Division, Region 4,                 submission and the rationale for EPA’s
mstockstill on DSK3G9T082PROD with RULES




                                                ACTION: Final rule.
                                                                                                        U.S. Environmental Protection Agency,                 actions for this final rulemaking are
                                                                                                        61 Forsyth Street SW., Atlanta, Georgia               explained in the July 20, 2016, proposed
                                                SUMMARY:   The Environmental Protection                 30303–8960. The telephone number is                   rulemaking. Comments on the proposed
                                                Agency (EPA) is taking final action to                  (404) 562–8726. Mr. Richard Wong can                  rulemaking were due on or before
                                                approve the State Implementation Plan                   also be reached via electronic mail at                August 19, 2016. EPA received no
                                                (SIP) submission, submitted by the State                wong.richard@epa.gov.                                 adverse comments on the proposed
                                                of Florida, through the Florida                         SUPPLEMENTARY INFORMATION:                            action.


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                                                84480          Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations

                                                II. Final Action                                            • Does not have Federalism                         This action is not a ‘‘major rule’’ as
                                                   With the exception of the elements                    implications as specified in Executive                defined by 5 U.S.C. 804(2).
                                                related to the ambient air quality                       Order 13132 (64 FR 43255, August 10,                     Under section 307(b)(1) of the CAA,
                                                monitoring and data system of section                    1999);                                                petitions for judicial review of this
                                                110(a)(2)(B), and the PSD permitting                        • Is not an economically significant               action must be filed in the United States
                                                requirements for major sources of                        regulatory action based on health or                  Court of Appeals for the appropriate
                                                sections 110(a)(2)(C), prong 3 of D(i),                  safety risks subject to Executive Order               circuit by January 23, 2017. Filing a
                                                and (J), EPA is taking final action to                   13045 (62 FR 19885, April 23, 1997);                  petition for reconsideration by the
                                                                                                            • Is not a significant regulatory action
                                                approve Florida’s infrastructure SIP                                                                           Administrator of this final rule does not
                                                                                                         subject to Executive Order 13211 (66 FR
                                                submission for the 2010 1-hour NO2                                                                             affect the finality of this action for the
                                                                                                         28355, May 22, 2001);
                                                NAAQS submitted on January 22, 2013.                        • Is not subject to requirements of                purposes of judicial review nor does it
                                                EPA is taking final action to approve                    section 12(d) of the National                         extend the time within which a petition
                                                Florida’s infrastructure SIP submission                  Technology Transfer and Advancement                   for judicial review may be filed, and
                                                for the 2010 1-hour NO2 NAAQS                            Act of 1995 (15 U.S.C. 272 note) because              shall not postpone the effectiveness of
                                                because the submission is consistent                     application of those requirements would               such rule or action. This action may not
                                                with section 110 of the CAA.                                                                                   be challenged later in proceedings to
                                                                                                         be inconsistent with the CAA; and
                                                III. Statutory and Executive Order                          • Does not provide EPA with the                    enforce its requirements. See section
                                                Reviews                                                  discretionary authority to address, as                307(b)(2).
                                                   Under the CAA, the Administrator is                   appropriate, disproportionate human                   List of Subjects in 40 CFR Part 52
                                                required to approve a SIP submission                     health or environmental effects, using
                                                                                                         practicable and legally permissible                     Environmental protection, Air
                                                that complies with the provisions of the                                                                       pollution control, Incorporation by
                                                Act and applicable federal regulations.                  methods, under Executive Order 12898
                                                                                                         (59 FR 7629, February 16, 1994).                      reference, Intergovernmental relations,
                                                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                        Nitrogen dioxide, Ozone, Reporting and
                                                Thus, in reviewing SIP submissions,                         The SIP is not approved to apply on
                                                                                                         any Indian reservation land or in any                 recordkeeping requirements, Volatile
                                                EPA’s role is to approve state choices,
                                                                                                         other area where EPA or an Indian tribe               organic compounds.
                                                provided that they meet the criteria of
                                                the CAA. Accordingly, this action                        has demonstrated that a tribe has                       Dated: November 7, 2016.
                                                merely approves state law as meeting                     jurisdiction. In those areas of Indian                Heather McTeer Toney,
                                                federal requirements and does not                        country, the rule does not have tribal                Regional Administrator, Region 4.
                                                impose additional requirements beyond                    implications as specified by Executive
                                                those imposed by state law. For that                     Order 13175 (65 FR 67249, November 9,                     40 CFR part 52 is amended as follows:
                                                reason, this action:                                     2000), nor will it impose substantial
                                                                                                         direct costs on tribal governments or                 PART 52—APPROVAL AND
                                                   • Is not a significant regulatory action
                                                                                                         preempt tribal law.                                   PROMULGATION OF
                                                subject to review by the Office of
                                                                                                            The Congressional Review Act, 5                    IMPLEMENTATION PLANS
                                                Management and Budget under
                                                Executive Orders 12866 (58 FR 51735,                     U.S.C. 801 et seq., as added by the Small
                                                                                                         Business Regulatory Enforcement                       ■ 1. The authority citation for part 52
                                                October 4, 1993) and 13563 (76 FR 3821,
                                                                                                         Fairness Act of 1996, generally provides              continues to read as follows:
                                                January 21, 2011);
                                                   • Does not impose an information                      that before a rule may take effect, the                   Authority: 42 U.S.C. 7401 et seq.
                                                collection burden under the provisions                   agency promulgating the rule must
                                                of the Paperwork Reduction Act (44                       submit a rule report, which includes a                Subpart K—Florida
                                                U.S.C. 3501 et seq.);                                    copy of the rule, to each House of the
                                                   • Is certified as not having a                        Congress and to the Comptroller General               ■  2. In § 52.520, the table in paragraph
                                                significant economic impact on a                         of the United States. EPA will submit a               (e) is amended by adding the entry
                                                substantial number of small entities                     report containing this action and other               ‘‘110(a)(1) and (2) Infrastructure
                                                under the Regulatory Flexibility Act (5                  required information to the U.S. Senate,              Requirements for the 2010 1-hour NO2
                                                U.S.C. 601 et seq.);                                     the U.S. House of Representatives, and                NAAQS’’ at the end of the table to read
                                                   • Does not contain any unfunded                       the Comptroller General of the United                 as follows:
                                                mandate or significantly or uniquely                     States prior to publication of the rule in
                                                                                                                                                               § 52.520    Identification of plan.
                                                affect small governments, as described                   the Federal Register. A major rule
                                                in the Unfunded Mandates Reform Act                      cannot take effect until 60 days after it             *       *    *        *    *
                                                of 1995 (Pub. L. 104–4);                                 is published in the Federal Register.                     (e) * * *
                                                                                             EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
                                                                                           State          EPA approval           Federal
                                                              Provision                                                                                                     Explanation
                                                                                       effective date        date             Register notice


                                                          *                        *                       *                      *                       *                      *                     *

                                                110(a)(1) and (2) Infrastruc-            1/22/2013         11/23/2016        [Insert Federal       With the exception of sections: 110(a)(2)(B) Concerning
mstockstill on DSK3G9T082PROD with RULES




                                                  ture Requirements for the                                                     Register cita-      ambient air quality monitoring and data system;
                                                  2010 1-hour NO2 NAAQS.                                                        tion].              110(a)(2)(C) and (J) concerning PSD permitting require-
                                                                                                                                                    ments; and 110(a)(2)(D)(i)(I) and (II) (prongs 1 through
                                                                                                                                                    3) concerning interstate transport requirements.




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                                                             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations                              84481

                                                [FR Doc. 2016–28098 Filed 11–22–16; 8:45 am]            II. Public Comments and Responses           procedures to determine whether an
                                                BILLING CODE 6560–50–P
                                                                                                        III. Final Action                           area has attained the 1997 PM2.5
                                                                                                        IV. Statutory and Executive Order Reviews   NAAQS; and the PM2.5 monitoring
                                                                                                        I. Background                               networks operated in the Valley by the
                                                ENVIRONMENTAL PROTECTION                                                                            California Air Resources Board and the
                                                AGENCY                                                     On October 6, 2016 (81 FR 69448), the
                                                                                                                                                    San Joaquin Valley Unified Air
                                                                                                        EPA proposed to determine that the San
                                                                                                                                                    Pollution Control District and related
                                                40 CFR Part 52                                          Joaquin Valley Serious nonattainment
                                                                                                                                                    monitoring network plans. We also
                                                                                                        area failed to attain the 1997 PM2.5
                                                [EPA–R09–OAR–2016–0494; FRL–9955–53–                                                                documented our previous review of the
                                                                                                        national ambient air quality standards
                                                Region 9]                                                                                           networks and network plans, the
                                                                                                        (NAAQS or ‘‘standards’’) by the
                                                                                                                                                    agencies’ annual certifications of
                                                Findings of Failure To Attain the 1997                  applicable attainment date of December
                                                                                                                                                    ambient air monitoring data, and our
                                                PM2.5 Standards; California; San                        31, 2015, based on complete, quality-       determination that 15 of the 17
                                                Joaquin Valley                                          assured and certified ambient air quality monitoring sites within the Valley
                                                                                                        data for the 2013 to 2015 monitoring        produced valid design values for
                                                AGENCY:  Environmental Protection                       period. The San Joaquin Valley PM2.5
                                                Agency (EPA).                                                                                       purposes of comparison with the 1997
                                                                                                        nonattainment area (or ‘‘the Valley’’)      PM2.5 NAAQS.
                                                ACTION: Final rule.                                     covers San Joaquin County, Stanislaus          Under EPA regulations in 40 CFR part
                                                                                                        County, Merced County, Madera               50, section 50.7 and in accordance with
                                                SUMMARY:    The Environmental Protection                County, Fresno County, Tulare County,
                                                Agency (EPA) has determined that the                                                                Appendix N, the 1997 annual PM2.5
                                                                                                        Kings County, and the valley portion of     standards are met when the design
                                                San Joaquin Valley nonattainment area
                                                                                                        Kern County (see 40 CFR 81.305 for the      value is less than or equal to 15.0 mg/
                                                failed to attain the 1997 annual and 24-
                                                                                                        precise boundaries of the PM2.5             m3, and the 1997 24-hour PM2.5
                                                hour fine particulate matter (PM2.5)
                                                                                                        nonattainment area).                        standards are met when the design
                                                national ambient air quality standards                     As discussed further in our October 6, value is less than or equal to 65 mg/m3.
                                                by the December 31, 2015 ‘‘Serious’’                    2016 proposed rule, in 1997, the EPA
                                                area attainment date. As a result of this                                                           More specifically, the design value for
                                                                                                        established annual and 24-hour PM2.5        the annual PM2.5 standards is the 3-year
                                                determination, the State of California is               standards of 15.0 micrograms per cubic
                                                required to submit a revision to the                                                                average of annual mean concentration,
                                                                                                        meter (mg/m3) and 65 mg/m3,                 and the 1997 annual PM2.5 NAAQS are
                                                California State Implementation Plan
                                                                                                        respectively (see 40 CFR 50.7). Since       met when the design value for the
                                                that, among other elements, provides for
                                                                                                        promulgation of the 1997 PM2.5 NAAQS, annual PM2.5 standards at each eligible
                                                expeditious attainment of the 1997
                                                                                                        the EPA has established more stringent      monitoring site is less than or equal to
                                                PM2.5 standards and for a five percent
                                                                                                        PM2.5 NAAQS but, for reasons given in       15.0 mg/m3. With respect to the 24-hour
                                                annual reduction in the emissions of
                                                                                                        the proposed rule, the 1997 PM2.5           PM2.5 standards, the design value is the
                                                direct PM2.5 or a PM2.5 plan precursor
                                                                                                        NAAQS remain in effect in the San           3-year average of annual 98th percentile
                                                pollutant in the San Joaquin Valley.
                                                                                                        Joaquin Valley and represent the            24-hour average values recorded at each
                                                DATES: This rule is effective December
                                                                                                        standards for which today’s                 eligible monitoring site, and the 1997
                                                23, 2016.                                               determinations are made. See pages          24-hour PM2.5 NAAQS are met when the
                                                ADDRESSES: The EPA has established                      69448–69449 of the proposed rule.           design value for the 24-hour standards
                                                docket number EPA–R09–OAR–2016–                            Our proposed rule provided               at each such monitoring site is less than
                                                0494 for this action. Generally,                        background information on: The effects      or equal to 65 mg/m3.
                                                documents in the docket for this action                 of exposure to elevated levels of PM2.5;       In our proposed rule, to evaluate
                                                are available electronically at http://                 the designations and classifications of     whether the San Joaquin Valley attained
                                                www.regulations.gov or in hard copy at                  the San Joaquin Valley under the Clean      the 1997 PM2.5 NAAQS by the December
                                                EPA Region IX, 75 Hawthorne Street,                     Air Act (CAA or ‘‘Act’’) for the 1997       31, 2015 attainment date, we
                                                San Francisco, California 94105–3901.                   PM2.5 NAAQS; the plans developed by         determined the 2013–2015 design
                                                While all documents in the docket are                   California to address nonattainment area values at each of the 17 PM2.5
                                                listed at http://www.regulations.gov,                   requirements for San Joaquin Valley; the monitoring sites for the 1997 annual and
                                                some information may be publicly                        reclassification of the San Joaquin         24-hour PM2.5 standards. See Tables 1
                                                available only at the hard copy location                Valley from ‘‘Moderate’’ to ‘‘Serious’’ for and 2 of our October 6, 2016 proposed
                                                (e.g., copyrighted material, large maps,                the 1997 PM2.5 NAAQS and the related        rule. Based on the design values at the
                                                multi-volume reports), and some may                     extension of the applicable attainment      various sites, we found that eight sites,
                                                not be available in either location (e.g.,              date to December 31, 2015; the request      all in the central and southern San
                                                confidential business information                       by California to extend the December        Joaquin Valley, did not meet the 1997
                                                (CBI)). To inspect the hard copy                        31, 2015 attainment date for San Joaquin annual PM2.5 NAAQS of 15.0 mg/m3,
                                                materials, please schedule an                           Valley under CAA section 188(e); and        and that four sites, all in southwestern
                                                appointment during normal business                      the denial of that request by the EPA.      San Joaquin Valley, did not meet the
                                                hours with the contact listed in the FOR                The EPA published its final denial of       1997 24-hour PM2.5 NAAQS of 65 mg/m3
                                                FURTHER INFORMATION CONTACT section.                    the State’s attainment date extension       by the December 31, 2015 attainment
                                                FOR FURTHER INFORMATION CONTACT: Rory                   request on October 6, 2016 at 81 FR         date. The 2015 annual design value site,
                                                Mays, Air Planning Office (AIR–2), EPA                  69396.                                      i.e., the site with the highest design
                                                Region IX, (415) 972–3227, mays.rory@                      In our October 6, 2016 proposed rule, value based on 2013–2015 data, is the
mstockstill on DSK3G9T082PROD with RULES




                                                epa.gov.                                                we also described the following: The        Corcoran site with a 2015 annual PM2.5
                                                SUPPLEMENTARY INFORMATION:                              statutory basis (i.e., CAA sections         design value of 22.2 mg/m3 and a 24-
                                                Throughout this document, ‘‘we’’, ‘‘us,’’               179(c)(1) and 188(b)(2)) for the            hour PM2.5 design value of 79 mg/m3.
                                                and ‘‘our’’ refer to the EPA.                           obligation on the EPA to determine             For the San Joaquin Valley to attain
                                                                                                        whether an area’s air quality meets the     the 1997 PM2.5 NAAQS by December 31,
                                                Table of Contents                                       1997 PM2.5 NAAQS; the EPA regulations 2015, the 2015 design value (reflecting
                                                I. Background                                           establishing the specific methods and       data from 2013–2015) at each eligible


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Document Created: 2016-11-23 05:29:30
Document Modified: 2016-11-23 05:29:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective December 23, 2016.
ContactRichard 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 Citation81 FR 84479 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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