82 FR 47936 - Air Plan Approval; South Carolina; Cross-State Air Pollution Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 197 (October 13, 2017)
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47936-47940 | |
| FR Document | 2017-22128 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Rules and Regulations] [Pages 47936-47940] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22128] [[Page 47935]] Vol. 82 Friday, No. 197 October 13, 2017 Part VI Environmental Protection Agency ----------------------------------------------------------------------- 40 CFR Part 52 Air Plan Approval; South Carolina; Cross-State Air Pollution Rule; Final Rule Federal Register / Vol. 82 , No. 197 / Friday, October 13, 2017 / Rules and Regulations [[Page 47936]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0364; FRL-9969-27-Region 4] Air Plan Approval; South Carolina; Cross-State Air Pollution Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of a revision to the South Carolina State Implementation Plan (SIP) concerning the Cross-State Air Pollution Rule (CSAPR). South Carolina submitted a draft version of this SIP revision for parallel processing on May 26, 2017, and a final version on September 5, 2017. Under CSAPR, large electricity generating units (EGUs) in South Carolina are subject to Federal Implementation Plans (FIPs) requiring the units to participate in CSAPR's federal trading program for annual emissions of nitrogen oxides (NOX ) and one of CSAPR's two federal trading programs for annual emissions of sulfur dioxide (SO2 ). This action approves the State's regulations requiring large South Carolina EGUs to participate in new CSAPR state trading programs for annual NOX and SO2 emissions integrated with the CSAPR federal trading programs and incorporates them into South Carolina's SIP, replacing the corresponding FIP requirements. These CSAPR state trading programs are substantively identical to the CSAPR federal trading programs, with the State retaining EPA's default allowance allocation methodology and EPA remaining the implementing authority for administration of the trading program. Under the CSAPR regulations, approval of these portions of the SIP revision automatically eliminates South Carolina units' obligations to participate in CSAPR's federal trading programs for annual NOX and SO2 emissions under the corresponding CSAPR FIPs addressing interstate transport requirements for the 1997 Annual Fine Particulate Matter (PM2.5 ) national ambient air quality standards (NAAQS). Approval of these portions of the SIP revision satisfies South Carolina's good neighbor obligation for the 1997 Annual PM2.5 NAAQS. EPA is not acting on any other portion of the September 5, 2017 submittal. DATES: This rule is effective November 13, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0364. 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: 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 be reached by telephone at (404) 562-9164 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background on CSAPR and CSAPR-Related SIP Revisions EPA issued CSAPR in July 2011 to address the requirements of Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I) concerning interstate transport of air pollution.\1\ As amended (including the 2016 CSAPR Update),\2\ CSAPR requires 27 Eastern states to limit their statewide emissions of SO2 and/or NOX in order to mitigate transported air pollution unlawfully impacting other states' ability to attain or maintain four NAAQS: The 1997 Annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR emissions limitations are defined in terms of maximum statewide ``budgets'' for emissions of annual SO2 , annual NOX , and/or ozone season NOX by each covered state's large EGUs. The CSAPR state budgets are implemented in two phases of generally increasing stringency, with the Phase 1 budgets applying to emissions in 2015 and 2016 and the Phase 2 (and CSAPR Update) budgets applying to emissions in 2017 and later years. As a mechanism for achieving compliance with the emissions limitations, CSAPR establishes five federal emissions trading programs: A program for annual NOX emissions, two geographically separate programs for annual SO2 emissions, and two geographically separate programs for ozone-season NOX emissions. CSAPR also establishes FIP requirements applicable to the large EGUs in each covered state. Currently, the CSAPR FIP provisions require each state's units to participate in up to three of the five CSAPR trading programs. --------------------------------------------------------------------------- \1\ Federal Implementation Plans; Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 52.39 and subparts AAAAA through EEEEE of 40 CFR part 97). \2\ 81 FR 74504 (October 26, 2016). The CSAPR Update was promulgated to address interstate pollution with respect to the 2008 ozone NAAQS and to address a judicial remand of certain original CSAPR ozone season NOX budgets promulgated with respect to the 1997 ozone NAAQS. 81 FR at 74505. The CSAPR Update established new emission reduction requirements addressing the more recent NAAQS and coordinated them with the remaining emission reduction requirements addressing the older NAAQS, so that starting in 2017, CSAPR includes two geographically separate trading programs for ozone season NOX emissions covering EGUs in a total of 23 states. See 40 CFR 52.38(b)(1)-(2). --------------------------------------------------------------------------- CSAPR includes provisions under which states may submit and EPA will approve SIP revisions to modify or replace the CSAPR FIP requirements while allowing states to continue to meet their transport- related obligations using either CSAPR's federal emissions trading programs or state emissions trading programs integrated with the federal programs.\3\ Through such a SIP revision, a state may replace EPA's default provisions for allocating emission allowances among the state's units, employing any state-selected methodology to allocate or auction the allowances, subject to timing conditions and limits on overall allowance quantities. In the case of CSAPR's federal trading programs for ozone season NOX emissions (or an integrated state trading program), a state may also expand trading program applicability to include certain smaller EGUs.\4\ If a state [[Page 47937]] wants to replace CSAPR FIP requirements with SIP requirements under which the state's units participate in a state trading program that is integrated with and identical to the federal trading program even as to the allocation and applicability provisions, the state may submit a SIP revision for that purpose as well. However, no emissions budget increases or other substantive changes to the trading program provisions are allowed. A state whose units are subject to multiple CSAPR FIPs and federal trading programs may submit SIP revisions to modify or replace either some or all of those FIP requirements. --------------------------------------------------------------------------- \3\ See 40 CFR 52.38, 52.39. States also retain the ability to submit SIP revisions to meet their transport-related obligations using mechanisms other than the CSAPR federal trading programs or integrated state trading programs. \4\ States covered by both the CSAPR Update and the NOX SIP Call have the additional option to expand applicability under the CSAPR NOX Ozone Season Group 2 Trading Program to include non-electric generating units that would have participated in the former NOX Budget Trading Program. --------------------------------------------------------------------------- States can submit two basic forms of CSAPR-related SIP revisions effective for emissions control periods in 2017 or later years.\5\ Specific conditions for approval of each form of SIP revision are set forth in the CSAPR regulations. Under the first alternative--an ``abbreviated'' SIP revision--a state may submit a SIP revision that upon approval replaces the default allowance allocation and/or applicability provisions of a CSAPR federal trading program for the state.\6\ Approval of an abbreviated SIP revision leaves the corresponding CSAPR FIP and all other provisions of the relevant federal trading program in place for the state's units. --------------------------------------------------------------------------- \5\ CSAPR also provides for a third, more streamlined form of SIP revision that is effective only for control periods in 2016 and is not relevant here. See 40 CFR 52.38(a)(3), (b)(3), (b)(7); 52.39(d), (g). \6\ 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h). --------------------------------------------------------------------------- Under the second alternative--a ``full'' SIP revision--a state may submit a SIP revision that upon approval replaces a CSAPR federal trading program for the state with a state trading program integrated with the federal trading program, so long as the state trading program is substantively identical to the federal trading program or does not substantively differ from the federal trading program except as discussed previously with regard to the allowance allocation and/or applicability provisions.\7\ For purposes of a full SIP revision, a state may either adopt state rules with complete trading program language, incorporate the federal trading program language into its state rules by reference (with appropriate conforming changes), or employ a combination of these approaches. --------------------------------------------------------------------------- \7\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i). --------------------------------------------------------------------------- The CSAPR regulations identify several important consequences and limitations associated with approval of a full SIP revision. First, upon EPA's approval of a full SIP revision as correcting the deficiency in the state's implementation plan that was the basis for a particular set of CSAPR FIP requirements, the obligation to participate in the corresponding CSAPR federal trading program is automatically eliminated for units subject to the state's jurisdiction without the need for a separate EPA withdrawal action, so long as EPA's approval of the SIP is full and unconditional.\8\ Second, approval of a full SIP revision does not terminate the obligation to participate in the corresponding CSAPR federal trading program for any units located in any Indian country within the borders of the state, and if and when a unit is located in Indian country within a state's borders, EPA may modify the SIP approval to exclude from the SIP, and include in the surviving CSAPR FIP instead, certain trading program provisions that apply jointly to units in the state and to units in Indian country within the state's borders.\9\ Finally, if at the time a full SIP revision is approved EPA has already started recording allocations of allowances for a given control period to a state's units, the federal trading program provisions authorizing EPA to complete the process of allocating and recording allowances for that control period to those units will continue to apply, unless EPA's approval of the SIP revision provides otherwise.\10\ --------------------------------------------------------------------------- \8\ 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j). \9\ 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), (b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j). \10\ 40 CFR 52.38(a)(7), (b)(11)(i); 52.39(k). --------------------------------------------------------------------------- On July 28, 2015, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision on a number of petitions related to CSAPR, which found that EPA required more emissions reductions than may have been necessary to address the downwind air quality problems to which some states contribute. The court remanded several CSAPR emission budgets to EPA for reconsideration, including the Phase 2 SO2 trading budget for South Carolina.\11\ However, South Carolina has proposed to voluntarily adopt into their SIP a CSAPR state trading program that is integrated with the federal trading program and includes a state- established SO2 budget equal to the state's remanded Phase 2 SO2 emission budget.\12\ EPA notes that nothing in the court's decision affects South Carolina's authority to seek incorporation into its SIP of a state-established budget as stringent as the remanded federally-established budget or limits EPA's authority to approve such a SIP revision. The CSAPR regulations provide each covered state with the option to meet its transport obligations through SIP revisions replacing the federal trading programs and requiring the state's EGUs to participate in integrated CSAPR state trading programs that apply emissions budgets of the same or greater stringency. Under the CSAPR regulations, when such a SIP revision is approved, the corresponding FIP provisions are automatically withdrawn. --------------------------------------------------------------------------- \11\ EME Homer City Generation, L.P. v. EPA (EME Homer City II), 795 F.3d 118 (D.C. Cir. 2015). The D.C. Circuit also remanded SO2 budgets for Alabama, Georgia, and Texas. The court also remanded Phase 2 ozone-season NOX budgets for eleven states, including South Carolina. \12\ See memo entitled ``The U.S. Environmental Protection Agency's Plan for Responding to the Remand of the Cross-State Air Pollution Rule Phase 2 SO2 Budgets for Alabama, Georgia, South Carolina and Texas'' from Janet G. McCabe, EPA Acting Assistant Administrator for Air and Radiation, to EPA Regional Air Division Directors (June 27, 2016), available at https://www.regulations.gov/document?D=EPA-HQ-OAR-2016-0598-0003. The memo directs the Regional Air Division Directors to share the memo with state officials. EPA also communicated orally with officials in Alabama, Georgia, South Carolina, and Texas in advance of the memo. --------------------------------------------------------------------------- In the CSAPR rulemaking, EPA determined that air pollution transported from South Carolina would unlawfully affect other states' ability to attain or maintain the 1997 Annual PM2.5 NAAQS.\13\ South Carolina units meeting the CSAPR applicability criteria were consequently made subject to FIP provisions requiring participation in CSAPR federal trading programs for annual SO2 and annual NOX emissions.\14\ On May 26, 2017, South Carolina submitted to EPA a draft SIP revision including provisions that, if all portions were approved, would incorporate into South Carolina's SIP CSAPR state trading program regulations that would replace the CSAPR regulations for the two federal trading programs with regard to South Carolina units. --------------------------------------------------------------------------- \13\ See 76 FR at 48213. The NPRM contains a more detailed summary of EPA's determinations with regard to South Carolina in the CSAPR and the CSAPR Update rulemakings. \14\ 40 CFR 52.38(a)(2), (b)(2); 52.39(c); 52.2140; 52.2141. --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on August 10, 2017 (82 FR 37389), EPA proposed to approve the portions of South Carolina's May 26, 2017, draft SIP submittal designed to replace the CSAPR federal annual SO2 and NOX trading programs. Because South Carolina submitted the draft SIP revision for parallel processing, EPA's August 10, 2017, proposed rulemaking [[Page 47938]] was contingent upon South Carolina providing a final SIP revision that was substantively the same as the draft SIP revision. See 82 FR 37389. Comments on the NPRM were due on or before September 11, 2017. EPA received no adverse comments on the proposed action. South Carolina submitted the final version of its SIP revision on September 5, 2017.\15\ The September 5, 2017, SIP submittal had no substantive changes from the May 26, 2017, draft. Please refer to the NPRM for more detailed information regarding the SIP revision and the Agency's rationale for today's final rulemaking. --------------------------------------------------------------------------- \15\ Both the draft and final SIP revisions are provided in the docket for this action. --------------------------------------------------------------------------- II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of South Carolina Regulation 61-62.97, entitled ``Cross-State Air Pollution Rule (CSAPR) Trading Program,'' state effective on August 25, 2017. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\16\ --------------------------------------------------------------------------- \16\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Actions EPA is approving the portions of South Carolina's September 5, 2017, final SIP submittal concerning the establishment for South Carolina units of CSAPR state trading programs for annual NOX and SO2 emissions and adopting into the SIP the state trading program rules codified in South Carolina regulation 61-62.97 (``Cross-State Air Pollution Rule (CSAPR) Trading Program''). These South Carolina CSAPR state trading programs will be integrated with the federal CSAPR NOX Annual Trading Program and the federal CSAPR SO2 Group 2 Trading Program, respectively, and are substantively identical to the federal trading programs. South Carolina units therefore will generally be required to meet requirements under South Carolina's CSAPR state trading programs equivalent to the requirements the units otherwise would have been required to meet under the corresponding CSAPR federal trading programs. Under the State's regulations, the State will retain EPA's default allowance allocation methodology and EPA will remain the implementing authority for administration of the trading programs. EPA is approving these portions of the SIP revision because they meet the requirements of the CAA and EPA's regulations for approval of a CSAPR full SIP revision replacing a federal trading program with a state trading program that is integrated with and substantively identical to the federal trading program. EPA promulgated the FIP provisions requiring South Carolina units to participate in the federal CSAPR NOX Annual Trading Program and the federal CSAPR SO2 Group 2 Trading Program in order to address South Carolina's obligations under CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 PM2.5 NAAQS in the absence of SIP provisions addressing those requirements. Approving the portions of South Carolina's SIP submittal adopting CSAPR state trading program rules for annual NOX and SO2 substantively identical to the corresponding CSAPR federal trading program regulations (or differing only with respect to the allowance allocation methodology) corrects the same deficiency in the SIP that otherwise would be corrected by those CSAPR FIPs. Under the CSAPR regulations, upon EPA's full and unconditional approval of a SIP revision as correcting the SIP's deficiency that is the basis for a particular CSAPR FIP, the obligation to participate in the corresponding CSAPR federal trading program is automatically eliminated for units subject to the state's jurisdiction (but not for any units located in any Indian country within the state's borders).\17\ EPA's approval of the portions of South Carolina's SIP submittal establishing CSAPR state trading program rules for annual NOX and SO2 emissions therefore results in automatic termination of the obligations of South Carolina units to participate in the federal CSAPR NOX Annual Trading Program and the federal CSAPR SO2 Group 2 Trading Program. Further, when promulgating the FIP provisions requiring South Carolina units to participate in those two CSAPR trading programs, EPA found that those FIP requirements would fully satisfy South Carolina's obligation pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 PM2.5 NAAQS in any other state.\18\ This approval of portions of South Carolina's SIP revision as correcting the SIP's deficiency that was the basis for those FIP requirements therefore likewise fully satisfies the state's transport obligation with respect to the 1997 PM2.5 NAAQS. --------------------------------------------------------------------------- \17\ 40 CFR 52.38(a)(6); 52.39(j); see also 52.2140(a)(1); 52.2141(a). \18\ See 76 FR at 48210. --------------------------------------------------------------------------- As noted in EPA's NPRM, the Phase 2 SO2 budget established for South Carolina in the CSAPR rulemaking was remanded to EPA for reconsideration.\19\ With the approval of these portions of the SIP revision as proposed, South Carolina has fulfilled its obligations to provide a SIP that addresses the interstate transport provisions of CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 PM2.5 NAAQS. Thus, EPA no longer has an obligation to (nor does EPA have the authority to) address those transport requirements through implementation of a FIP, and approval of these portions of the SIP revision eliminates South Carolina units' obligations to participate in the federal CSAPR NOX Annual Trading Program and the federal CSAPR SO2 Group 2 Trading Program. Elimination of South Carolina units' obligations to participate in the federal trading programs includes elimination of the requirements to comply with the federally-established Phase 2 budgets capping allocations of CSAPR NOX Annual allowances and CSAPR SO2 Group 2 allowances to South Carolina units under those federal trading programs. As approval of these portions of the SIP revision eliminates requirements to comply with South Carolina's remanded federally-established Phase 2 SO2 budget and eliminates EPA's authority to subject units in South Carolina to a FIP, it is EPA's opinion that this action addresses the judicial remand of South Carolina's federally-established Phase 2 SO2 budget.\20\ --------------------------------------------------------------------------- \19\ EME Homer City II, 795 F.3d at 138. \20\ Although the court in EME Homer City II remanded South Carolina's Phase 2 SO2 budget because it determined that the budget was too stringent, nothing in the court's decision affects South Carolina's authority to seek incorporation into its SIP of a state-established budget as stringent as the remanded federally-established budget or limits EPA's authority to approve such a SIP revision. See 42 U.S.C. 7416, 7410(k)(3). --------------------------------------------------------------------------- [[Page 47939]] IV. 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). This rule for 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, the rules proposed for approval exclude units in Indian country from the applicable requirements of the rules and exclude federal trading provisions related to EPA's process for allocating and recording allowances from Indian country NUSAs. 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 12, 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: September 29, 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 A--General Provisions Sec. 52.38 [Amended] 0 2. Amend Sec. 52.38, paragraph (a)(8)(iii) by removing the words ``Alabama and Georgia'' and adding the words ``Alabama, Georgia, and South Carolina'' in its place. Sec. 52.39 [Amended] 0 3. Amend Sec. 52.39 paragraph (m)(3) by removing the words ``Alabama and Georgia'' and adding the words ``Alabama, Georgia, and South Carolina'' in its place. Subpart PP--South Carolina 0 4. Amend Sec. 52.2120 in the table in paragraph (c) by adding in numerical order an entry for ``Regulation No. 62.97'' to read as follows: Sec. 52.2120 Identification of plan. * * * * * (c) * * * [[Page 47940]] Air Pollution Control Regulations for South Carolina -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Federal Register notice -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Regulation No. 62.97.............. Cross-State Air 8/25/2017 10/13/2017............................ [Insert Federal Register citation] Pollution Rule (CSAPR) Trading Program. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-22128 Filed 10-12-17; 8:45 am] BILLING CODE 6560-50-P
![47936 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION Identification No. EPA–R04–OAR– CSAPR requires 27 Eastern states to
AGENCY 2017–0364. All documents in the docket limit their statewide emissions of SO2
are listed on the www.regulations.gov and/or NOX in order to mitigate
40 CFR Part 52 Web site. Although listed in the index, transported air pollution unlawfully
[EPA–R04–OAR–2017–0364; FRL–9969–27– some information may not be publicly impacting other states’ ability to attain
Region 4] available, i.e., Confidential Business or maintain four NAAQS: The 1997
Information or other information whose Annual PM2.5 NAAQS, the 2006 24-hour
Air Plan Approval; South Carolina; disclosure is restricted by statute. PM2.5 NAAQS, the 1997 8-hour ozone
Cross-State Air Pollution Rule Certain other material, such as NAAQS, and the 2008 8-hour ozone
copyrighted material, is not placed on NAAQS. The CSAPR emissions
AGENCY: Environmental Protection
the Internet and will be publicly limitations are defined in terms of
Agency (EPA).
available only in hard copy form. maximum statewide ‘‘budgets’’ for
ACTION: Final rule.
Publicly available docket materials are emissions of annual SO2, annual NOX,
SUMMARY: The Environmental Protection available either electronically through and/or ozone season NOX by each
Agency (EPA) is taking final action to www.regulations.gov or in hard copy at covered state’s large EGUs. The CSAPR
approve portions of a revision to the the Air Regulatory Management Section, state budgets are implemented in two
South Carolina State Implementation Air Planning and Implementation phases of generally increasing
Plan (SIP) concerning the Cross-State Branch, Air, Pesticides and Toxics stringency, with the Phase 1 budgets
Air Pollution Rule (CSAPR). South Management Division, U.S. applying to emissions in 2015 and 2016
Carolina submitted a draft version of Environmental Protection Agency, and the Phase 2 (and CSAPR Update)
this SIP revision for parallel processing Region 4, 61 Forsyth Street SW., budgets applying to emissions in 2017
on May 26, 2017, and a final version on Atlanta, Georgia 30303–8960. EPA and later years. As a mechanism for
September 5, 2017. Under CSAPR, large requests that if at all possible, you achieving compliance with the
electricity generating units (EGUs) in contact the person listed in the FOR emissions limitations, CSAPR
South Carolina are subject to Federal FURTHER INFORMATION CONTACT section to establishes five federal emissions
Implementation Plans (FIPs) requiring schedule your inspection. The Regional trading programs: A program for annual
the units to participate in CSAPR’s Office’s official hours of business are NOX emissions, two geographically
federal trading program for annual Monday through Friday 8:30 a.m. to separate programs for annual SO2
emissions of nitrogen oxides (NOX) and 4:30 p.m., excluding federal holidays. emissions, and two geographically
one of CSAPR’s two federal trading FOR FURTHER INFORMATION CONTACT: separate programs for ozone-season NOX
programs for annual emissions of sulfur Ashten Bailey, Air Regulatory emissions. CSAPR also establishes FIP
dioxide (SO2). This action approves the Management Section, Air Planning and requirements applicable to the large
State’s regulations requiring large South Implementation Branch, Air, Pesticides EGUs in each covered state. Currently,
Carolina EGUs to participate in new and Toxics Management Division, U.S. the CSAPR FIP provisions require each
CSAPR state trading programs for Environmental Protection Agency, state’s units to participate in up to three
annual NOX and SO2 emissions Region 4, 61 Forsyth Street SW., of the five CSAPR trading programs.
integrated with the CSAPR federal Atlanta, Georgia 30303–8960. Ms. Bailey CSAPR includes provisions under
trading programs and incorporates them can be reached by telephone at (404) which states may submit and EPA will
into South Carolina’s SIP, replacing the 562–9164 or via electronic mail at approve SIP revisions to modify or
corresponding FIP requirements. These bailey.ashten@epa.gov. replace the CSAPR FIP requirements
CSAPR state trading programs are SUPPLEMENTARY INFORMATION: while allowing states to continue to
substantively identical to the CSAPR meet their transport-related obligations
federal trading programs, with the State I. Background on CSAPR and CSAPR- using either CSAPR’s federal emissions
retaining EPA’s default allowance Related SIP Revisions trading programs or state emissions
allocation methodology and EPA EPA issued CSAPR in July 2011 to trading programs integrated with the
remaining the implementing authority address the requirements of Clean Air federal programs.3 Through such a SIP
for administration of the trading Act (CAA or Act) section revision, a state may replace EPA’s
program. Under the CSAPR regulations, 110(a)(2)(D)(i)(I) concerning interstate default provisions for allocating
approval of these portions of the SIP transport of air pollution.1 As amended emission allowances among the state’s
revision automatically eliminates South (including the 2016 CSAPR Update),2 units, employing any state-selected
Carolina units’ obligations to participate methodology to allocate or auction the
in CSAPR’s federal trading programs for 1 Federal Implementation Plans; Interstate allowances, subject to timing conditions
annual NOX and SO2 emissions under Transport of Fine Particulate Matter and Ozone and and limits on overall allowance
the corresponding CSAPR FIPs Correction of SIP Approvals, 76 FR 48208 (August quantities. In the case of CSAPR’s
8, 2011) (codified as amended at 40 CFR 52.38 and
addressing interstate transport 52.39 and subparts AAAAA through EEEEE of 40 federal trading programs for ozone
requirements for the 1997 Annual Fine CFR part 97). season NOX emissions (or an integrated
Particulate Matter (PM2.5) national 2 81 FR 74504 (October 26, 2016). The CSAPR state trading program), a state may also
ambient air quality standards (NAAQS). Update was promulgated to address interstate expand trading program applicability to
pollution with respect to the 2008 ozone NAAQS
Approval of these portions of the SIP and to address a judicial remand of certain original
include certain smaller EGUs.4 If a state
revision satisfies South Carolina’s good CSAPR ozone season NOX budgets promulgated
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neighbor obligation for the 1997 Annual with respect to the 1997 ozone NAAQS. 81 FR at 3 See 40 CFR 52.38, 52.39. States also retain the
PM2.5 NAAQS. EPA is not acting on any 74505. The CSAPR Update established new ability to submit SIP revisions to meet their
emission reduction requirements addressing the transport-related obligations using mechanisms
other portion of the September 5, 2017 more recent NAAQS and coordinated them with the other than the CSAPR federal trading programs or
submittal. remaining emission reduction requirements integrated state trading programs.
DATES: This rule is effective November addressing the older NAAQS, so that starting in 4 States covered by both the CSAPR Update and
13, 2017. 2017, CSAPR includes two geographically separate the NOX SIP Call have the additional option to
trading programs for ozone season NOX emissions expand applicability under the CSAPR NOX Ozone
ADDRESSES: EPA has established a covering EGUs in a total of 23 states. See 40 CFR Season Group 2 Trading Program to include non-
docket for this action under Docket 52.38(b)(1)–(2). electric generating units that would have
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![Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47939
IV. Statutory and Executive Order practicable and legally permissible purposes of judicial review nor does it
Reviews methods, under Executive Order 12898 extend the time within which a petition
Under the CAA, the Administrator is (59 FR 7629, February 16, 1994). for judicial review may be filed, and
required to approve a SIP submission This rule for South Carolina does not shall not postpone the effectiveness of
that complies with the provisions of the have Tribal implications as specified by such rule or action. This action may not
Act and applicable Federal regulations. Executive Order 13175 (65 FR 67249, be challenged later in proceedings to
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). November 9, 2000), because it does not enforce its requirements. See section
Thus, in reviewing SIP submissions, have substantial direct effects on an 307(b)(2).
EPA’s role is to approve state choices, Indian Tribe. The Catawba Indian List of Subjects in 40 CFR Part 52
provided that they meet the criteria of Nation Reservation is located within the
the CAA. Accordingly, this action state of South Carolina. Pursuant to the Environmental protection, Air
merely approves state law as meeting Catawba Indian Claims Settlement Act, pollution control, Incorporation by
Federal requirements and does not S.C. Code Ann. 27–16–120, ‘‘all state reference, Intergovernmental relations,
impose additional requirements beyond and local environmental laws and Nitrogen dioxide, Ozone, Particulate
those imposed by state law. For that regulations apply to the [Catawba Indian matter, Reporting and recordkeeping
reason, this action: Nation] and Reservation and are fully requirements, Sulfur oxides.
• Is not a significant regulatory action enforceable by all relevant state and
Dated: September 29, 2017.
subject to review by the Office of local agencies and authorities.’’
Onis ‘‘Trey’’ Glenn, III,
Management and Budget under However, the rules proposed for
approval exclude units in Indian Regional Administrator, Region 4.
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, country from the applicable 40 CFR part 52 is amended as follows:
January 21, 2011); requirements of the rules and exclude
• does not impose an information federal trading provisions related to PART 52—APPROVAL AND
collection burden under the provisions EPA’s process for allocating and PROMULGATION OF
of the Paperwork Reduction Act (44 recording allowances from Indian IMPLEMENTATION PLANS
U.S.C. 3501 et seq.); country NUSAs. EPA notes this action
• is certified as not having a will not impose substantial direct costs ■ 1. The authority citation for part 52
significant economic impact on a on Tribal governments or preempt continues to read as follows:
substantial number of small entities Tribal law.
The Congressional Review Act, 5 Authority: 42.U.S.C. 7401 et seq.
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.); U.S.C. 801 et seq., as added by the Small Subpart A—General Provisions
• does not contain any unfunded Business Regulatory Enforcement
mandate or significantly or uniquely Fairness Act of 1996, generally provides § 52.38 [Amended]
affect small governments, as described that before a rule may take effect, the
agency promulgating the rule must ■ 2. Amend § 52.38, paragraph (a)(8)(iii)
in the Unfunded Mandates Reform Act
submit a rule report, which includes a by removing the words ‘‘Alabama and
of 1995 (Pub. L. 104–4);
• does not have Federalism copy of the rule, to each House of the Georgia’’ and adding the words
implications as specified in Executive Congress and to the Comptroller General ‘‘Alabama, Georgia, and South Carolina’’
Order 13132 (64 FR 43255, August 10, of the United States. EPA will submit a in its place.
1999); report containing this action and other § 52.39 [Amended]
• is not an economically significant required information to the U.S. Senate,
regulatory action based on health or the U.S. House of Representatives, and ■ 3. Amend § 52.39 paragraph (m)(3) by
safety risks subject to Executive Order the Comptroller General of the United removing the words ‘‘Alabama and
13045 (62 FR 19885, April 23, 1997); States prior to publication of the rule in Georgia’’ and adding the words
• is not a significant regulatory action the Federal Register. A major rule ‘‘Alabama, Georgia, and South Carolina’’
subject to Executive Order 13211 (66 FR cannot take effect until 60 days after it in its place.
28355, May 22, 2001); is published in the Federal Register.
• is not subject to requirements of This action is not a ‘‘major rule’’ as Subpart PP—South Carolina
Section 12(d) of the National defined by 5 U.S.C. 804(2).
Technology Transfer and Advancement Under section 307(b)(1) of the CAA, ■ 4. Amend § 52.2120 in the table in
Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this paragraph (c) by adding in numerical
application of those requirements would action must be filed in the United States order an entry for ‘‘Regulation No.
be inconsistent with the CAA; and Court of Appeals for the appropriate 62.97’’ to read as follows:
• does not provide EPA with the circuit by December 12, 2017. Filing a
§ 52.2120 Identification of plan.
discretionary authority to address, as petition for reconsideration by the
appropriate, disproportionate human Administrator of this final rule does not * * * * *
health or environmental effects, using affect the finality of this action for the (c) * * *
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![47940 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State
State citation Title/subject EPA approval date Federal Register notice
effective date
* * * * * * *
Regulation No. 62.97 ................... Cross-State Air Pollution Rule 8/25/2017 10/13/2017 ........................ [Insert Federal Register
(CSAPR) Trading Program. citation]
* * * * * * *
* * * * *
[FR Doc. 2017–22128 Filed 10–12–17; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2017-10-13 04:33:59
Document Modified: 2017-10-13 04:33:59
| 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 is effective November 13, 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 be reached by telephone at (404) 562-9164 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 47936 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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