82 FR 46134 - Air Plan Approval; North Carolina; Interstate Transport
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 191 (October 4, 2017)
Federal Register Volume 82, Issue 191 (October 4, 2017)
| Page Range | 46134-46136 | |
| FR Document | 2017-21247 |
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)] [Rules and Regulations] [Pages 46134-46136] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21247] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0321; FRL-9968-72-Region 4] Air Plan Approval; North Carolina; Interstate Transport AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving North Carolina's December 9, 2015, State Implementation Plan (SIP) submission pertaining to the Clean Air Act's (CAA or Act) ``good neighbor'' provision for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The good neighbor provision requires each state's SIP to address the interstate transport of air pollution in amounts that contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other state. EPA concludes that North Carolina's SIP contains adequate provisions to prohibit emissions within the state from contributing significantly to nonattainment or interfering with maintenance of the 2008 8-hour ozone NAAQS in any other state. DATES: This rule will be effective November 3, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0321. 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. [[Page 46135]] FOR FURTHER INFORMATION CONTACT: Ashten Bailey, 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. Ms. Bailey can also be reached via telephone at (404) 562- 9164 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 27, 2008, EPA promulgated an ozone NAAQS that revised the levels of the primary and secondary 8-hour ozone standards from 0.08 parts per million (ppm) to 0.075 ppm. See 73 FR 16436. Pursuant to CAA section 110(a)(1), within three years after promulgation of a new or revised NAAQS (or shorter, if EPA prescribes), states must submit SIPs that meet the applicable requirements of section 110(a)(2). 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. One of the structural requirements of section 110(a)(2) is section 110(a)(2)(D)(i), which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on neighboring states due to interstate transport of air pollution. There are four sub-elements, or ``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section 110(a)(2)(D)(i)(I), also known as the ``good neighbor'' provision, requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in another state. The two provisions of this section are referred to as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance). Section 110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions to prohibit emissions that will interfere with measures required to be included in the applicable implementation plan for any other state under part C to prevent significant deterioration of air quality (prong 3) or to protect visibility (prong 4). On December 9, 2015, North Carolina submitted a SIP submittal containing a certification that North Carolina is meeting the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS because, based on available emissions and air quality modeling data, emissions activities within North Carolina will not significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour ozone NAAQS in any other state. In a notice of proposed rulemaking (NPRM) published on August 10, 2017 (82 FR 37371), EPA proposed to approve North Carolina's SIP as meeting the requirements of prongs 1 and 2 for the 2008 8-hour ozone NAAQS.\1\ The NPRM provides additional detail regarding the background and rationale for EPA's action. Comments on the NPRM were due on or before September 11, 2017. EPA received no adverse comments on the proposed action. --------------------------------------------------------------------------- \1\ This action addresses only prongs 1 and 2 of section 110(a)(2)(D)(i). All other infrastructure SIP elements for North Carolina for the 2008 8-hour ozone NAAQS were addressed in separate rulemakings. See 80 FR 68453 (November 5, 2015), 81 FR 35634 (June 3, 2016), and 81 FR 63107 (September 14, 2016). --------------------------------------------------------------------------- II. Final Action EPA is taking final action to approve North Carolina's December 9, 2015, SIP submission addressing the good neighbor infrastructure SIP requirements, section 110(a)(2)(D)(i)(I) (prongs 1 and 2), for the 2008 8-hour ozone NAAQS. EPA is taking final action to approve the SIP submission because it is consistent with section 110 of the CAA. EPA notes that the Agency is not approving any specific rule, but rather concluding that North Carolina's already approved SIP meets certain CAA requirements. 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 [[Page 46136]] 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 such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 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 II--North Carolina 0 2. Section 52.1770(e) is amended by adding a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'' at the end of the table to read as follows: Sec. 52.1770 Identification of plan. * * * * * (e) * * * EPA-Approved North Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State EPA approval Federal Register Provision effective date date citation Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 12/9/2015 10/4/2017 [Insert citation of Addressing prongs 1 and Requirements for the 2008 8-Hour publication]. 2 of section Ozone NAAQS. 110(a)(2)(D)(i) only. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-21247 Filed 10-3-17; 8:45 am] BILLING CODE 6560-50-P
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federalism or Indian tribes, please PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION
contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS AGENCY
FURTHER INFORMATION CONTACT section.
■ 1. The authority citation for part 165 40 CFR Part 52
E. Unfunded Mandates Reform Act
continues to read as follows: [EPA–R04–OAR–2017–0321; FRL–9968–72–
The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Region 4]
of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Federal agencies to assess the effects of Department of Homeland Security Delegation Air Plan Approval; North Carolina;
their discretionary regulatory actions. In No. 0170.1. Interstate Transport
particular, the Act addresses actions AGENCY: Environmental Protection
that may result in the expenditure by a ■ 2. Add § 165.T08–0585 to read as Agency.
State, local, or tribal government, in the follows:
ACTION: Final rule.
aggregate, or by the private sector of
§ 165.T08–0585 Safety Zone; Upper
$100,000,000 (adjusted for inflation) or SUMMARY: The Environmental Protection
Mississippi River, Crystal City, MO.
more in any one year. Though this rule Agency (EPA) is approving North
will not result in such an expenditure, (a) Location. The following area is a Carolina’s December 9, 2015, State
we do discuss the effects of this rule safety zone: All navigable waters of the Implementation Plan (SIP) submission
elsewhere in this preamble. Upper Mississippi River between mile pertaining to the Clean Air Act’s (CAA
marker (MM) 147.5 and MM 148.5, or Act) ‘‘good neighbor’’ provision for
F. Environment Crystal City, MO. the 2008 8-hour ozone National
We have analyzed this rule under (b) Definitions. As used in this Ambient Air Quality Standards
Department of Homeland Security section, a designated representative (NAAQS). The good neighbor provision
Management Directive 023–01 and means a Coast Guard Patrol requires each state’s SIP to address the
Commander, including a Coast Guard interstate transport of air pollution in
Commandant Instruction M16475.lD,
coxswain, petty officer, or other officer amounts that contribute significantly to
which guide the Coast Guard in
nonattainment, or interfere with
complying with the National operating a Coast Guard vessel and a
maintenance, of a NAAQS in any other
Environmental Policy Act of 1969 (42 Federal, State, and local officer
state. EPA concludes that North
U.S.C. 4321–4370f), and have designated by or assisting the Captain of
Carolina’s SIP contains adequate
determined that this action is one of a the Port Sector Upper Mississippi River provisions to prohibit emissions within
category of actions that do not (COTP) in the enforcement of the safety the state from contributing significantly
individually or cumulatively have a zone. to nonattainment or interfering with
significant effect on the human (c) Regulations. (1) Under the general maintenance of the 2008 8-hour ozone
environment. This rule involves a safety safety zone regulations in § 165.23, you NAAQS in any other state.
zone lasting for eleven hours on each of may not enter the safety zone described DATES: This rule will be effective
sixteen days during daylight hours and in paragraph (a) of this section unless November 3, 2017.
restricts transit on a section of the authorized by the COTP or a designated ADDRESSES: EPA has established a
Upper Mississippi River extending one representative. docket for this action under Docket
mile. It is categorically excluded from (2) To seek permission to enter, Identification No. EPA–R04–OAR–
further review under paragraph 34(g) of contact the COTP or a designated 2017–0321. All documents in the docket
Figure 2–1 of the Commandant representative via VHF–FM channel 16, are listed on the www.regulations.gov
Instruction. A Record of Environmental or Coast Guard Sector Upper Web site. Although listed in the index,
Consideration supporting this Mississippi River by telephone at 314– some information may not be publicly
determination is available in the docket 269–2332. Those persons authorized to available, i.e., Confidential Business
where indicated under ADDRESSES. be in the safety zone must comply with Information or other information whose
all lawful orders or directions given to disclosure is restricted by statute.
G. Protest Activities
them by the COTP or a designated Certain other material, such as
The Coast Guard respects the First representative. copyrighted material, is not placed on
Amendment rights of protesters. the Internet and will be publicly
(d) Effective period. This section will available only in hard copy form.
Protesters are asked to contact the be effective from 7:30 a.m. through 6:30
person listed in the FOR FURTHER Publicly available docket materials are
p.m. on October 17, 2017 through available either electronically through
INFORMATION CONTACT section to November 1, 2017.
coordinate protest activities so that your www.regulations.gov or in hard copy at
(e) Informational broadcasts. The the Air Regulatory Management Section,
message can be received without
COTP or a designated representative Air Planning and Implementation
jeopardizing the safety or security of
will inform the public through Branch, Air, Pesticides and Toxics
people, places or vessels.
broadcast notices to mariners of the Management Division, U.S.
List of Subjects in 33 CFR Part 165 enforcement period for the safety zone Environmental Protection Agency,
as well as any changes in the dates and Region 4, 61 Forsyth Street SW.,
Harbors, Marine safety, Navigation times of enforcement. Atlanta, Georgia 30303–8960. EPA
sradovich on DSK3GMQ082PROD with RULES
(water), Reporting and recordkeeping requests that if at all possible, you
Dated: September 27, 2017.
requirements, Security measures, contact the person listed in the FOR
Waterways. Scott A. Stoermer, FURTHER INFORMATION CONTACT section to
Captain, U.S. Coast Guard, Captain of the schedule your inspection. The Regional
For the reasons discussed in the Port Upper Mississippi River. Office’s official hours of business are
preamble, the Coast Guard amends 33 [FR Doc. 2017–21256 Filed 10–3–17; 8:45 am] Monday through Friday 8:30 a.m. to
CFR part 165 as follows:
BILLING CODE 9110–04–P 4:30 p.m., excluding federal holidays.
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![46136 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations
circuit by December 4, 2017. Filing a reference, Intergovernmental relations, Authority: 42 U.S.C. 7401 et seq.
petition for reconsideration by the Nitrogen dioxide, Ozone, Reporting and
Administrator of this final rule does not recordkeeping requirements, Volatile Subpart II—North Carolina
affect the finality of this action for the organic compounds.
purposes of judicial review nor does it Dated: September 21, 2017. ■ 2. Section 52.1770(e) is amended by
extend the time within which a petition adding a new entry ‘‘110(a)(1) and (2)
Onis ‘‘Trey’’ Glenn, III,
for judicial review may be filed, and Infrastructure Requirements for the 2008
Regional Administrator, Region 4.
shall not postpone the effectiveness of 8-Hour Ozone NAAQS’’ at the end of
such rule or action. This action may not 40 CFR part 52 is amended as follows: the table to read as follows:
be challenged later in proceedings to
enforce its requirements. See section PART 52—APPROVAL AND § 52.1770 Identification of plan.
307(b)(2). PROMULGATION OF * * * * *
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52 (e) * * *
Environmental protection, Air ■ 1. The authority citation for part 52
pollution control, Incorporation by continues to read as follows:
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval Federal Register
Provision Explanation
date date citation
* * * * * * *
110(a)(1) and (2) Infrastructure Require- 12/9/2015 10/4/2017 [Insert citation of Addressing prongs 1 and 2 of section
ments for the 2008 8-Hour Ozone publication]. 110(a)(2)(D)(i) only.
NAAQS.
[FR Doc. 2017–21247 Filed 10–3–17; 8:45 am] requires no substantive revision at this Environmental Protection Agency,
BILLING CODE 6560–50–P time. Region 4, 61 Forsyth Street SW.,
DATES: This rule is effective November Atlanta, Georgia 30303–8960. Ms.
3, 2017. Notarianni can be reached by phone at
ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a (404) 562–9031 and via electronic mail
AGENCY docket for this action under Docket at notarianni.michele@epa.gov.
Identification No. EPA–R04–OAR– SUPPLEMENTARY INFORMATION:
40 CFR Part 52
2016–0634. All documents in the docket I. Background
[EPA–R04–OAR–2016–0634; FRL–9968–71– are listed on the www.regulations.gov
Region 4] Web site. Although listed in the index, States are required to submit a
some information may not be publicly progress report in the form of a SIP
Air Plan Approval; Georgia; Regional available, i.e., Confidential Business revision that evaluates progress towards
Haze Progress Report Information or other information whose the RPGs for each mandatory Class I
disclosure is restricted by statute. federal area 1 (Class I area) within the
AGENCY: Environmental Protection state and for each Class I area outside
Agency (EPA). Certain other material, such as
copyrighted material, is not placed on the state which may be affected by
ACTION: Final rule. emissions from within the state. 40 CFR
the Internet and will be publicly
available only in hard copy form. 51.308(g). In addition, the provisions of
SUMMARY: The Environmental Protection
Publicly available docket materials are 40 CFR 51.308(h) require states to
Agency (EPA) is finalizing approval of
available either electronically through submit, at the same time as the 40 CFR
a State Implementation Plan (SIP) 51.308(g) progress report, a
revision submitted by the State of www.regulations.gov or in hard copy at
the Air Regulatory Management Section, determination of the adequacy of the
Georgia, Department of Natural state’s existing regional haze plan. On
Resources, through the Georgia Air Planning and Implementation
January 8, 2014, Georgia submitted its
Environmental Protection Division (GA Branch, Air, Pesticides and Toxics
Progress Report which, among other
EPD) on January 8, 2014. Georgia’s Management Division, U.S.
things, details the progress made in the
January 8, 2014, SIP revision (Progress Environmental Protection Agency,
first period toward implementation of
Report) addresses requirements of the Region 4, 61 Forsyth Street SW.,
the long term strategy outlined in the
Clean Air Act (CAA or Act) and EPA’s Atlanta, Georgia 30303–8960. EPA
State’s regional haze plan; the visibility
rules that require each state to submit requests that if at all possible, you
improvement measured at the three
periodic reports describing progress contact the person listed in the FOR
Class I areas within its borders (Cohutta
towards reasonable progress goals FURTHER INFORMATION CONTACT section to
Wilderness Area, Okefenokee
(RPGs) established for regional haze and schedule your inspection. The Regional Wilderness Area, and Wolf Island
a determination of the adequacy of the Office’s official hours of business are Wilderness Area) and at Class I areas
sradovich on DSK3GMQ082PROD with RULES
state’s existing SIP addressing regional Monday through Friday 8:30 a.m. to
haze (regional haze plan). EPA is 4:30 p.m., excluding Federal holidays. 1 Areas designated as mandatory Class I federal
finalizing approval of Georgia’s FOR FURTHER INFORMATION CONTACT: areas consist of national parks exceeding 6000
determination that the State’s regional Michele Notarianni, Air Regulatory acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
haze plan is adequate to meet these Management Section, Air Planning and that were in existence on August 7, 1977 (42 U.S.C.
RPGs for the first implementation Implementation Branch, Air, Pesticides 7472(a)). These areas are listed at 40 CFR part 81,
period covering through 2018 and and Toxics Management Division, U.S. subpart D.
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Document Created: 2018-10-25 09:52:52
Document Modified: 2018-10-25 09:52:52
| 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 3, 2017. | |
| Contact | Ashten Bailey, 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. Ms. Bailey can also be reached via telephone at (404) 562- 9164 and via electronic mail at [email protected] | |
| FR Citation | 82 FR 46134 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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