82 FR 45995 - Air Plan Approval; South Carolina; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 190 (October 3, 2017)
Federal Register Volume 82, Issue 190 (October 3, 2017)
| Page Range | 45995-45997 | |
| FR Document | 2017-21121 |
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)] [Rules and Regulations] [Pages 45995-45997] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21121] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0045; FRL-9968-73-Region 4] Air Plan Approval; South Carolina; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2 Standard AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the South Carolina State Implementation Plan (SIP), submitted by the South Carolina Department of Health and Environmental Control (DHEC), on December 7, 2016, addressing the Clean Air Act (CAA) interstate transport (prongs 1 and 2) infrastructure SIP requirements 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, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is taking final action to approve South Carolina's December 7, 2016, SIP submission addressing prongs 1 and 2 to ensure that air emissions in the State do not significantly contribute to nonattainment or interfere with maintenance of the 2010 1-hour NO2 NAAQS in any other state. DATES: This rule will be effective November 2, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0045. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Andres Febres of 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. Mr. Febres can be reached by telephone at (404) 562-8966 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require 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 newly established or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs. Section 110(a)(2) lists specific elements that states must meet for the infrastructure SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state's implementation plan at the time in which the state develops and submits the submission for a new or revised NAAQS. Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ``prongs,'' that must be addressed in infrastructure SIP submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong 1) and from interfering with maintenance of the NAAQS in another state (prong 2). The third and fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) and from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs [[Page 45996]] to include provisions ensuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. On January 22, 2010, EPA established 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. See 75 FR 6474 (February 9, 2010). This NAAQS is designed to protect against exposure to the entire group of nitrogen oxides (NOX ). NO2 is the component of greatest concern and is used as the indicator for the larger group of NOX . Emissions that lead to the formation of NO2 generally also lead to the formation of other NOX . Therefore, control measures that reduce NO2 can generally be expected to reduce population exposures to all gaseous NOX which may have the co-benefit of reducing the formation of ozone and fine particles both of which pose significant public health threats. States were required to submit infrastructure SIP submissions for the 2010 1-hour NO2 NAAQS to EPA no later than January 22, 2013. For comprehensive information on 2010 1-hour NO2 NAAQS, please refer to the Federal Register notice cited immediately above. In a notice of proposed rulemaking published August 15, 2017 (82 FR 38646), EPA proposed to approve South Carolina's December 7, 2016, SIP submission concluding that its SIP adequately addresses prong 1 and prong 2 requirements for the 2010 1-hour NO2 NAAQS. South Carolina provided the following reasons for its determination: (1) The SIP contains state regulations that directly or indirectly control NOX emissions; (2) all areas in the United States are designated as unclassifiable/attainment for the 2010 1-hour NO2 NAAQS; (3) monitored 1-hour NO2 design values in South Carolina and surrounding states (Georgia, North Carolina, and Florida) are below the 2010 standard; and (4) point source emissions of NOX in the State have trended downward. All other applicable infrastructure SIP requirements for South Carolina for the 2010 1-hour NO2 NAAQS have been addressed in separate rulemakings. See 80 FR 14019 (March 18, 2015), 81 FR 56512 (August 22, 2016), and 81 FR 63704 (September 16, 2016). The details of South Carolina's submission and the rationale for EPA's action are explained in the August 15, 2017, notice of proposed rulemaking. Comments on the proposed rulemaking were due on or before September 14, 2017. EPA did not receive any adverse comments on the proposed action. II. Final Action As described above, EPA is taking final action to approve South Carolina's December 7, 2016, SIP revision addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS. EPA is taking final action to approve this portion South Carolina's infrastructure SIP submission because South Carolina's SIP includes adequate provisions to prevent emissions sources within the State from significantly contributing to nonattainment or interfering with maintenance of this standard in any other state. 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. 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). 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), because it does not have substantial direct effects on an Indian Tribe. The Catawba Indian Nation Reservation is located within the State of South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 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 action does not have substantial direct effects on an Indian Tribe because it is not approving any specific rule, but rather determining 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 December 4, 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 [[Page 45997]] 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. Dated: September 21, 2017. Onis ``Trey'' Glenn, III, 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 12/7/2016 10/3/2017, [insert Federal Addressing Prongs 1 and 2 Requirements for the 2010 1-hour NO2 Register citation]. of section NAAQS. 110(a)(2)(D)(i) only. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-21121 Filed 10-2-17; 8:45 am] BILLING CODE 6560-50-P
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operation, general and local ventilation) SUMMARY: The Environmental Protection Atlanta, Georgia 30303–8960. Mr.
or administrative control measures (e.g., Agency (EPA) is taking final action to Febres can be reached by telephone at
workplace policies and procedures) approve a revision to the South Carolina (404) 562–8966 or via electronic mail at
shall be considered and implemented to State Implementation Plan (SIP), febres-martinez.andres@epa.gov.
prevent exposure, where feasible. A submitted by the South Carolina SUPPLEMENTARY INFORMATION:
National Institute for Occupational Department of Health and
Safety and Health (NIOSH)-certified air Environmental Control (DHEC), on I. Background
purifying, tight-fitting full-face December 7, 2016, addressing the Clean By statute, SIPs meeting the
respirator equipped with N–100, P–100, Air Act (CAA) interstate transport requirements of sections 110(a)(1) and
or R–100 cartridges, or power air (prongs 1 and 2) infrastructure SIP (2) of the CAA are to be submitted by
purifying particulate respirator with an requirements for the 2010 1-hour states within three years after
Assigned Protection Factor (APF) of at Nitrogen Dioxide (NO2) National promulgation of a new or revised
least 50 meets the requirements of Ambient Air Quality Standard NAAQS to provide for the
§ 721.63(a)(4). (NAAQS). The CAA requires that each implementation, maintenance, and
(ii) Industrial, commercial, and state adopt and submit a SIP for the enforcement of the new or revised
consumer activities. Requirements as implementation, maintenance, and NAAQS. EPA has historically referred to
specified in § 721.80(k) and (q). A enforcement of each NAAQS these SIP submissions made for the
significant new use is any use involving promulgated by EPA, commonly purpose of satisfying the requirements
an application method that generates a referred to as an ‘‘infrastructure SIP.’’ of sections 110(a)(1) and 110(a)(2) as
vapor, mist or aerosol. Specifically, EPA is taking final action ‘‘infrastructure SIP’’ submissions.
(iii) Disposal. Requirements as to approve South Carolina’s December Sections 110(a)(1) and (2) require states
specified in § 721.85(a)(1), (a)(2), (b)(1), 7, 2016, SIP submission addressing to address basic SIP elements such as
(b)(2), (c)(1), and (c)(2). prongs 1 and 2 to ensure that air requirements for monitoring, basic
(iv) Release to water. Requirements as emissions in the State do not program requirements, and legal
specified in § 721.90(b)(1) and (c)(1). significantly contribute to authority that are designed to assure
Any predictable or purposeful release of nonattainment or interfere with attainment and maintenance of the
a manufacturing stream associated with maintenance of the 2010 1-hour NO2 newly established or revised NAAQS.
any use of the substance from any site NAAQS in any other state. More specifically, section 110(a)(1)
is a significant new use other than the DATES: This rule will be effective provides the procedural and timing
water releases described in the November 2, 2017. requirements for infrastructure SIPs.
manufacturing process of PMN P–11– ADDRESSES: EPA has established a Section 110(a)(2) lists specific elements
482. docket for this action under Docket that states must meet for the
(b) Specific requirements. The Identification No. EPA–R04–OAR– infrastructure SIP requirements related
provisions of subpart A of this part 2017–0045. All documents in the docket to a newly established or revised
apply to this section except as modified are listed on the www.regulations.gov NAAQS. The contents of an
by this paragraph. Web site. Although listed in the index, infrastructure SIP submission may vary
(1) Recordkeeping. Recordkeeping some information may not be publicly depending upon the data and analytical
requirements as specified in available, i.e., Confidential Business tools available to the state, as well as the
§ 721.125(a) through (e), (i), (j), and (k) Information or other information whose provisions already contained in the
are applicable to manufacturers and disclosure is restricted by statute. state’s implementation plan at the time
processors of this substance. Certain other material, such as in which the state develops and submits
(2) Limitations or revocation of copyrighted material, is not placed on the submission for a new or revised
certain notification requirements. The the Internet and will be publicly NAAQS.
provisions of § 721.185 apply to this available only in hard copy form. Section 110(a)(2)(D) has two
section. Publicly available docket materials are components: 110(a)(2)(D)(i) and
(3) Determining whether a specific use available either electronically through 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
is subject to this section. The provisions www.regulations.gov or in hard copy at includes four distinct components,
of § 721.1725(b)(1) apply to paragraph the Air Regulatory Management Section, commonly referred to as ‘‘prongs,’’ that
(a)(2)(ii) of this section. Air Planning and Implementation must be addressed in infrastructure SIP
[FR Doc. 2017–21237 Filed 10–2–17; 8:45 am] Branch, Air, Pesticides and Toxics submissions. The first two prongs,
BILLING CODE 6560–50–P Management Division, U.S. which are codified in section
Environmental Protection Agency, 110(a)(2)(D)(i)(I), are provisions that
Region 4, 61 Forsyth Street SW., prohibit any source or other type of
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA emissions activity in one state from
AGENCY requests that if at all possible, you contributing significantly to
contact the person listed in the FOR nonattainment of the NAAQS in another
40 CFR Part 52 FURTHER INFORMATION CONTACT section to state (prong 1) and from interfering with
schedule your inspection. The Regional maintenance of the NAAQS in another
[EPA–R04–OAR–2017–0045; FRL–9968–73– Office’s official hours of business are state (prong 2). The third and fourth
Region 4] Monday through Friday 8:30 a.m. to prongs, which are codified in section
4:30 p.m., excluding Federal holidays. 110(a)(2)(D)(i)(II), are provisions that
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Air Plan Approval; South Carolina; FOR FURTHER INFORMATION CONTACT: prohibit emissions activity in one state
Interstate Transport (Prongs 1 and 2) Andres Febres of the Air Regulatory from interfering with measures required
for the 2010 1-Hour NO2 Standard Management Section, Air Planning and to prevent significant deterioration of air
AGENCY: Environmental Protection Implementation Branch, Air, Pesticides quality in another state (prong 3) and
Agency. and Toxics Management Division, U.S. from interfering with measures to
Environmental Protection Agency, protect visibility in another state (prong
ACTION: Final rule.
Region 4, 61 Forsyth Street SW., 4). Section 110(a)(2)(D)(ii) requires SIPs
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![45996 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
to include provisions ensuring 2017. EPA did not receive any adverse Technology Transfer and Advancement
compliance with sections 115 and 126 comments on the proposed action. Act of 1995 (15 U.S.C. 272 note) because
of the Act, relating to interstate and application of those requirements would
II. Final Action
international pollution abatement. be inconsistent with the CAA; and
On January 22, 2010, EPA established As described above, EPA is taking • Does not provide EPA with the
a new 1-hour primary NAAQS for NO2 final action to approve South Carolina’s discretionary authority to address, as
at a level of 100 parts per billion, based December 7, 2016, SIP revision appropriate, disproportionate human
on a 3-year average of the 98th addressing prongs 1 and 2 of CAA health or environmental effects, using
percentile of the yearly distribution of 1- section 110(a)(2)(D)(i) for the 2010 1- practicable and legally permissible
hour daily maximum concentrations. hour NO2 NAAQS. EPA is taking final methods, under Executive Order 12898
See 75 FR 6474 (February 9, 2010). This action to approve this portion South (59 FR 7629, February 16, 1994).
NAAQS is designed to protect against Carolina’s infrastructure SIP submission In addition, this action for the state of
exposure to the entire group of nitrogen because South Carolina’s SIP includes South Carolina does not have Tribal
oxides (NOX). NO2 is the component of adequate provisions to prevent implications as specified by Executive
greatest concern and is used as the emissions sources within the State from Order 13175 (65 FR 67249, November 9,
indicator for the larger group of NOX. significantly contributing to 2000), because it does not have
Emissions that lead to the formation of nonattainment or interfering with substantial direct effects on an Indian
NO2 generally also lead to the formation maintenance of this standard in any Tribe. The Catawba Indian Nation
of other NOX. Therefore, control other state. Reservation is located within the State
measures that reduce NO2 can generally of South Carolina. Pursuant to the
III. Statutory and Executive Order Catawba Indian Claims Settlement Act,
be expected to reduce population Reviews
exposures to all gaseous NOX which S.C. Code Ann. 27–16–120, ‘‘all state
may have the co-benefit of reducing the Under the CAA, the Administrator is and local environmental laws and
formation of ozone and fine particles required to approve a SIP submission regulations apply to the [Catawba Indian
both of which pose significant public that complies with the provisions of the Nation] and Reservation and are fully
health threats. Act and applicable Federal regulations. enforceable by all relevant state and
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). local agencies and authorities.’’
States were required to submit
Thus, in reviewing SIP submissions, However, EPA has determined that this
infrastructure SIP submissions for the
EPA’s role is to approve state choices, action does not have substantial direct
2010 1-hour NO2 NAAQS to EPA no
provided that they meet the criteria of effects on an Indian Tribe because it is
later than January 22, 2013. For
the CAA. This action merely approves not approving any specific rule, but
comprehensive information on 2010 1- rather determining that South Carolina’s
hour NO2 NAAQS, please refer to the state law as meeting Federal
requirements and does not impose already approved SIP meets certain
Federal Register notice cited CAA requirements. EPA notes this
immediately above. additional requirements beyond those
imposed by state law. For that reason, action will not impose substantial direct
In a notice of proposed rulemaking costs on Tribal governments or preempt
this action:
published August 15, 2017 (82 FR
• Is not a significant regulatory action Tribal law.
38646), EPA proposed to approve South The Congressional Review Act, 5
subject to review by the Office of
Carolina’s December 7, 2016, SIP U.S.C. 801 et seq., as added by the Small
Management and Budget under
submission concluding that its SIP Business Regulatory Enforcement
Executive Orders 12866 (58 FR 51735,
adequately addresses prong 1 and prong Fairness Act of 1996, generally provides
October 4, 1993) and 13563 (76 FR 3821,
2 requirements for the 2010 1-hour NO2 that before a rule may take effect, the
January 21, 2011);
NAAQS. South Carolina provided the • Does not impose an information agency promulgating the rule must
following reasons for its determination: collection burden under the provisions submit a rule report, which includes a
(1) The SIP contains state regulations of the Paperwork Reduction Act (44 copy of the rule, to each House of the
that directly or indirectly control NOX U.S.C. 3501 et seq.); Congress and to the Comptroller General
emissions; (2) all areas in the United • Is certified as not having a of the United States. EPA will submit a
States are designated as unclassifiable/ significant economic impact on a report containing this action and other
attainment for the 2010 1-hour NO2 substantial number of small entities required information to the U.S. Senate,
NAAQS; (3) monitored 1-hour NO2 under the Regulatory Flexibility Act (5 the U.S. House of Representatives, and
design values in South Carolina and U.S.C. 601 et seq.); the Comptroller General of the United
surrounding states (Georgia, North • Does not contain any unfunded States prior to publication of the rule in
Carolina, and Florida) are below the mandate or significantly or uniquely the Federal Register. A major rule
2010 standard; and (4) point source affect small governments, as described cannot take effect until 60 days after it
emissions of NOX in the State have in the Unfunded Mandates Reform Act is published in the Federal Register.
trended downward. All other applicable of 1995 (Pub. L. 104–4); This action is not a ‘‘major rule’’ as
infrastructure SIP requirements for • Does not have Federalism defined by 5 U.S.C. 804(2).
South Carolina for the 2010 1-hour NO2 implications as specified in Executive Under section 307(b)(1) of the CAA,
NAAQS have been addressed in Order 13132 (64 FR 43255, August 10, petitions for judicial review of this
separate rulemakings. See 80 FR 14019 1999); action must be filed in the United States
(March 18, 2015), 81 FR 56512 (August • Is not an economically significant Court of Appeals for the appropriate
22, 2016), and 81 FR 63704 (September regulatory action based on health or circuit by December 4, 2017. Filing a
jstallworth on DSKBBY8HB2PROD with RULES
16, 2016). safety risks subject to Executive Order petition for reconsideration by the
The details of South Carolina’s 13045 (62 FR 19885, April 23, 1997); Administrator of this final rule does not
submission and the rationale for EPA’s • Is not a significant regulatory action affect the finality of this action for the
action are explained in the August 15, subject to Executive Order 13211 (66 FR purposes of judicial review nor does it
2017, notice of proposed rulemaking. 28355, May 22, 2001); extend the time within which a petition
Comments on the proposed rulemaking • Is not subject to requirements of for judicial review may be filed, and
were due on or before September 14, section 12(d) of the National shall not postpone the effectiveness of
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![Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45997
such rule or action. This action may not Dated: September 21, 2017. Subpart PP—South Carolina
be challenged later in proceedings to Onis ‘‘Trey’’ Glenn, III,
enforce its requirements. See section Regional Administrator, Region 4. ■ 2. In § 52.2120, the table in paragraph
307(b)(2). 40 CFR part 52 is amended as follows: (e) is amended by adding the entry
‘‘110(a)(1) and (2) Infrastructure
List of Subjects in 40 CFR Part 52 Requirements for the 2010 1-hour NO2
PART 52—APPROVAL AND
Environmental protection, Air PROMULGATION OF NAAQS’’ at the end of the table to read
pollution control, Incorporation by IMPLEMENTATION PLANS as follows:
reference, Intergovernmental relations, ■ 1. The authority citation for part 52 § 52.2120 Identification of plan.
Nitrogen dioxide, Ozone, Reporting and continues to read as follows: * * * * *
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq. (e) * * *
State
Provision effective EPA approval date Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastructure Requirements for the 2010 1- 12/7/2016 10/3/2017, [insert Federal Addressing Prongs 1 and 2 of
hour NO2 NAAQS. Register citation]. section 110(a)(2)(D)(i) only.
[FR Doc. 2017–21121 Filed 10–2–17; 8:45 am] written comment by November 2, 2017. SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P If EPA receives such comments, it will
I. Background
publish a timely withdrawal of the
direct final rule in the Federal Register Ground level ozone is formed when
ENVIRONMENTAL PROTECTION and inform the public that the rule will nitrogen oxides (NOX) and volatile
AGENCY not take effect. organic compounds (VOC) react in the
presence of sunlight. NOX and VOC are
40 CFR Part 52 ADDRESSES: Submit your comments, referred to as ozone precursors and are
identified by Docket ID No. EPA–R03– emitted by many types of pollution
[EPA–R03–OAR–2017–0396; FRL–9968–54– OAR–2017–0396 at https://
Region 3] sources, including motor vehicles,
www.regulations.gov, or via email to power plants, industrial facilities, and
stahl.cynthia@epa.gov. For comments area wide sources, such as consumer
Approval and Promulgation of Air
submitted at Regulations.gov, follow the products and lawn and garden
Quality Implementation Plans;
online instructions for submitting equipment. Scientific evidence
Maryland; 2011 Base Year Inventory
comments. Once submitted, comments indicates that adverse public health
for the 2008 8-Hour Ozone National
cannot be edited or removed from effects occur following exposure to
Ambient Air Quality Standard for the
Regulations.gov. For either manner of ozone. These effects are more
Baltimore, Maryland Nonattainment
submission, EPA may publish any pronounced in children and adults with
Area
comment received to its public docket. lung disease. Breathing air containing
AGENCY: Environmental Protection Do not submit electronically any ozone can reduce lung function and
Agency (EPA). information you consider to be inflame airways, which can increase
ACTION: Direct final rule. confidential business information (CBI) respiratory symptoms and aggravate
or other information whose disclosure is asthma or other lung diseases. In
SUMMARY: The Environmental Protection restricted by statute. Multimedia response to this scientific evidence, EPA
Agency (EPA) is taking direct final submissions (audio, video, etc.) must be promulgated in 1979 the first ozone
action to approve the 2011 base year accompanied by a written comment. NAAQS, the 0.12 part per million (ppm)
inventory for the Baltimore, Maryland The written comment is considered the 1-hour ozone NAAQS. See 44 FR 8202
moderate nonattainment area for the official comment and should include (February 8, 1979). Before the first
2008 8-hour ozone national ambient air discussion of all points you wish to ozone NAAQS, EPA had previously
quality standard (NAAQS). The State of make. EPA will generally not consider promulgated a NAAQS for total
Maryland submitted the emission comments or comment contents located photochemical oxidants. See 36 FR 8186
inventory through the Maryland outside of the primary submission (i.e. (April 30, 1971).
Department of the Environment (MDE) on the web, cloud, or other file sharing On July 18, 1997, EPA promulgated a
to meet the nonattainment requirements system). For additional submission revised ozone NAAQS of 0.08 ppm,
for moderate ozone nonattainment areas methods, please contact the person averaged over eight hours. 62 FR 38855.
for the 2008 8-hour ozone NAAQS. EPA identified in the FOR FURTHER This 8-hour ozone NAAQS was
is approving the 2011 base year INFORMATION CONTACT section. For the determined to be more protective of
emissions inventory for the 2008 8-hour full EPA public comment policy, public health than the previous 1979 1-
ozone NAAQS as a revision to the information about CBI or multimedia hour ozone NAAQS. In 2008, EPA
jstallworth on DSKBBY8HB2PROD with RULES
Maryland state implementation plan submissions, and general guidance on revised the 8-hour ozone NAAQS from
(SIP) in accordance with the making effective comments, please visit 0.08 to 0.075 ppm. See 73 FR 16436
requirements of the Clean Air Act http://www2.epa.gov/dockets/ (March 27, 2008).1
(CAA). commenting-epa-dockets.
1 On October 1, 2015, EPA strengthened the 8-
DATES: This rule is effective on FOR FURTHER INFORMATION CONTACT:
hour ozone NAAQS to 0.070 ppm. See 80 FR 65292
December 4, 2017 without further Gavin Huang, (215) 814–2042, or by (October 16, 2015). This rulemaking addresses the
notice, unless EPA receives adverse email at huang.gavin@epa.gov. Continued
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Document Created: 2017-10-03 01:01:09
Document Modified: 2017-10-03 01:01:09
| 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 November 2, 2017. | |
| Contact | Andres Febres of 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. Mr. Febres can be reached by telephone at (404) 562-8966 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 45995 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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