82_FR_48181 82 FR 47983 - Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) for the 2010 1-hour NO2

82 FR 47983 - Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) for the 2010 1-hour NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 198 (October 16, 2017)

Page Range47983-47985
FR Document2017-22229

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection, on February 3, 2017, addressing the Clean Air Act (CAA or Act) 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 Florida's February 3, 2017, 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.

Federal Register, Volume 82 Issue 198 (Monday, October 16, 2017)
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47983-47985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0079; FRL-9969-20-Region 4]


Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) 
for the 2010 1-hour NO2 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Florida State Implementation Plan 
(SIP), submitted by the Florida Department of Environmental Protection, 
on February 3, 2017, addressing the Clean Air Act (CAA or Act) 
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 Florida's February 
3, 2017, 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 15, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0079. 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

[[Page 47984]]

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 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 the 2010 1-hour NO2 
NAAQS, please refer to the Federal Register notice cited immediately 
above.
    In a notice of proposed rulemaking published on August 10, 2017 (82 
FR 37384), EPA proposed to approve Florida's February 3, 2017, SIP 
submission concluding that its SIP adequately addresses prong 1 and 
prong 2 requirements for the 2010 1-hour NO2 NAAQS. Florida 
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) maximum 1-hour NO2 concentrations 
in states near Florida (Alabama, Georgia, Louisiana, Mississippi, and 
South Carolina) are below the 2010 standard; (4) monitored design 
values for NO2 in the State are well below the 2010 1-hour 
NO2 NAAQS and are trending downward; and (5) total 
NOX emissions in the State are also trending downward. The 
other applicable infrastructure SIP requirements for Florida for the 
2010 1-hour NO2 NAAQS have been addressed in a separate 
rulemaking or will be addressed separately. On March 18, 2015 (80 FR 
14019), EPA approved the portions of Florida's infrastructure SIP 
regarding the prevention of significant deterioration (PSD) permitting 
requirements of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 
2010 1-hour NO2 NAAQS. On November 23, 2016 (81 FR 84479), 
EPA approved the portions of Florida's infrastructure SIP regarding 
sections 110(a)(2)(A), prong 4 of section 110(a)(2)(D)(i), section 
110(a)(2)(D)(ii), sections 110(a)(2)(E)-(H), and sections 110(a)(2)(K)-
(M). The portion of Florida's infrastructure SIP related to the ambient 
air quality monitoring and data system requirements of section 
110(a)(2)(B) will be acted on in a separate action.
    The details of Florida's submission and the rationale for EPA's 
action are explained in the August 10, 2017, notice of proposed 
rulemaking. Comments on the proposed rulemaking were due on or before 
September 11, 2017. EPA did not receive any comments, adverse or 
otherwise.

II. Final Action

    As described above, EPA is taking final action to approve Florida's 
February 3, 2017, 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 Florida's infrastructure SIP 
submission because Florida'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. 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 Clean Air Act; 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

[[Page 47985]]

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 15, 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.

    Dated: September 28, 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 K--Florida

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


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State       EPA approval      Federal Register
             Provision              effective date       date               notice              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure          2/3/2017      10/16/2017  [Insert citation of    Addressing Prongs 1
 Requirements for the 2010 1-hour                                    publication].          and 2 of section
 NO2 NAAQS.                                                                                 110(a)(2)(D)(i)
                                                                                            only.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-22229 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations                                                              47983

                                                                                               EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
                                                                                                                           State
                                                 State citation [Chapter                                                                                                               Additional explanation/citation at 40
                                                                                          Title/subject                   effective                     EPA approval date
                                                   16–20 or 45 CSR]                                                                                                                               CFR 52.2565
                                                                                                                            date


                                                           *                         *                            *                           *                       *                      *                     *

                                                                                                          [45 CSR] Series 8           Ambient Air Quality Standards

                                                Section 45–8–1 ..........     General ................................            6/1/17   10/16/2017, [Insert       Federal Reg-     Filing and effective dates are re-
                                                                                                                                             ister Citation].                            vised.
                                                Section 45–8–2 ..........     Definitions ............................            6/1/17   10/16/2017, [Insert       Federal Reg-     Previous Approval 9/22/2014.
                                                                                                                                             ister Citation].
                                                Section 45–8–3 ..........     Adoption of Standards .........                     6/1/17   10/16/2017, [Insert       Federal Reg-     Effective date is revised.
                                                                                                                                             ister Citation].
                                                Section 45–8–4 ..........     Inconsistency Between                               6/1/17   10/16/2017, [Insert       Federal Reg-     Replaced ‘‘West Virginia Depart-
                                                                                Rules.                                                       ister Citation].                           ment of Environmental Protec-
                                                                                                                                                                                        tion’’ with ‘‘Division of Air Qual-
                                                                                                                                                                                        ity’’.

                                                           *                         *                            *                           *                       *                      *                     *



                                                *      *       *       *      *                                DATES:  This rule will be effective                          I. Background
                                                [FR Doc. 2017–22254 Filed 10–13–17; 8:45 am]                   November 15, 2017.                                              By statute, SIPs meeting the
                                                BILLING CODE 6560–50–P                                         ADDRESSES: EPA has established a                             requirements of sections 110(a)(1) and
                                                                                                               docket for this action under Docket                          (2) of the CAA are to be submitted by
                                                                                                               Identification No. EPA–R04–OAR–                              states within three years after
                                                ENVIRONMENTAL PROTECTION                                       2017–0079. All documents in the docket                       promulgation of a new or revised
                                                AGENCY                                                         are listed on the www.regulations.gov                        NAAQS to provide for the
                                                                                                               Web site. Although listed in the index,                      implementation, maintenance, and
                                                40 CFR Part 52                                                 some information may not be publicly                         enforcement of the new or revised
                                                [EPA–R04–OAR–2017–0079; FRL–9969–20–                           available, i.e., Confidential Business                       NAAQS. EPA has historically referred to
                                                Region 4]                                                      Information or other information whose                       these SIP submissions made for the
                                                                                                               disclosure is restricted by statute.                         purpose of satisfying the requirements
                                                Air Plan Approval; Florida; Interstate                         Certain other material, such as
                                                Transport (Prongs 1 and 2) for the 2010                                                                                     of sections 110(a)(1) and 110(a)(2) as
                                                                                                               copyrighted material, is not placed on                       ‘‘infrastructure SIP’’ submissions.
                                                1-hour NO2 Standard                                            the Internet and will be publicly                            Sections 110(a)(1) and (2) require states
                                                AGENCY:  Environmental Protection                              available only in hard copy form.                            to address basic SIP elements such as
                                                Agency (EPA).                                                  Publicly available docket materials are                      requirements for monitoring, basic
                                                                                                               available either electronically through                      program requirements, and legal
                                                ACTION: Final rule.
                                                                                                               www.regulations.gov or in hard copy at                       authority that are designed to assure
                                                SUMMARY:   The Environmental Protection                        the Air Regulatory Management Section,                       attainment and maintenance of the
                                                Agency (EPA) is taking final action to                         Air Planning and Implementation                              newly established or revised NAAQS.
                                                approve a revision to the Florida State                        Branch, Air, Pesticides and Toxics                           More specifically, section 110(a)(1)
                                                Implementation Plan (SIP), submitted                           Management Division, U.S.                                    provides the procedural and timing
                                                by the Florida Department of                                   Environmental Protection Agency,                             requirements for infrastructure SIPs.
                                                Environmental Protection, on February                          Region 4, 61 Forsyth Street SW.,                             Section 110(a)(2) lists specific elements
                                                3, 2017, addressing the Clean Air Act                          Atlanta, Georgia 30303–8960. EPA                             that states must meet for the
                                                (CAA or Act) interstate transport                              requests that if at all possible, you                        infrastructure SIP requirements related
                                                (prongs 1 and 2) infrastructure SIP                            contact the person listed in the FOR                         to a newly established or revised
                                                requirements for the 2010 1-hour                               FURTHER INFORMATION CONTACT section to                       NAAQS. The contents of an
                                                Nitrogen Dioxide (NO2) National                                schedule your inspection. The Regional                       infrastructure SIP submission may vary
                                                Ambient Air Quality Standard                                   Office’s official hours of business are                      depending upon the data and analytical
                                                (NAAQS). The CAA requires that each                            Monday through Friday 8:30 a.m. to                           tools available to the state, as well as the
                                                state adopt and submit a SIP for the                           4:30 p.m., excluding Federal holidays.                       provisions already contained in the
                                                implementation, maintenance, and                               FOR FURTHER INFORMATION CONTACT:                             state’s implementation plan at the time
                                                enforcement of each NAAQS                                      Andres Febres of the Air Regulatory                          in which the state develops and submits
                                                promulgated by EPA, commonly                                   Management Section, Air Planning and                         the submission for a new or revised
                                                referred to as an ‘‘infrastructure SIP.’’                      Implementation Branch, Air, Pesticides                       NAAQS.
                                                Specifically, EPA is taking final action                       and Toxics Management Division, U.S.                            Section 110(a)(2)(D) has two
jstallworth on DSKBBY8HB2PROD with RULES




                                                to approve Florida’s February 3, 2017,                         Environmental Protection Agency,                             components: 110(a)(2)(D)(i) and
                                                SIP submission addressing prongs 1 and                         Region 4, 61 Forsyth Street SW.,                             110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
                                                2 to ensure that air emissions in the                          Atlanta, Georgia 30303–8960. Mr.                             includes four distinct components,
                                                State do not significantly contribute to                       Febres can be reached by telephone at                        commonly referred to as ‘‘prongs,’’ that
                                                nonattainment or interfere with                                (404) 562–8966 or via electronic mail at                     must be addressed in infrastructure SIP
                                                maintenance of the 2010 1-hour NO2                             febres-martinez.andres@epa.gov.                              submissions. The first two prongs,
                                                NAAQS in any other state.                                      SUPPLEMENTARY INFORMATION:                                   which are codified in section


                                           VerDate Sep<11>2014     14:58 Oct 13, 2017    Jkt 244001    PO 00000       Frm 00031    Fmt 4700       Sfmt 4700   E:\FR\FM\16OCR1.SGM   16OCR1


                                                47984            Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations

                                                110(a)(2)(D)(i)(I), are provisions that                 below the 2010 standard; (4) monitored                those imposed by state law. For that
                                                prohibit any source or other type of                    design values for NO2 in the State are                reason, this action:
                                                emissions activity in one state from                    well below the 2010 1-hour NO2                           • Is not a significant regulatory action
                                                contributing significantly to                           NAAQS and are trending downward;                      subject to review by the Office of
                                                nonattainment of the NAAQS in another                   and (5) total NOX emissions in the State              Management and Budget under
                                                state (prong 1) and from interfering with               are also trending downward. The other                 Executive Orders 12866 (58 FR 51735,
                                                maintenance of the NAAQS in another                     applicable infrastructure SIP                         October 4, 1993) and 13563 (76 FR 3821,
                                                state (prong 2). The third and fourth                   requirements for Florida for the 2010 1-              January 21, 2011);
                                                prongs, which are codified in section                   hour NO2 NAAQS have been addressed                       • does not impose an information
                                                110(a)(2)(D)(i)(II), are provisions that                in a separate rulemaking or will be                   collection burden under the provisions
                                                prohibit emissions activity in one state                addressed separately. On March 18,                    of the Paperwork Reduction Act (44
                                                from interfering with measures required                 2015 (80 FR 14019), EPA approved the                  U.S.C. 3501 et seq.);
                                                to prevent significant deterioration of air             portions of Florida’s infrastructure SIP                 • is certified as not having a
                                                quality in another state (prong 3) and                  regarding the prevention of significant               significant economic impact on a
                                                from interfering with measures to                       deterioration (PSD) permitting                        substantial number of small entities
                                                protect visibility in another state (prong              requirements of sections 110(a)(2)(C),                under the Regulatory Flexibility Act (5
                                                4). Section 110(a)(2)(D)(ii) requires SIPs              prong 3 of D(i), and (J) for the 2010 1-              U.S.C. 601 et seq.);
                                                to include provisions ensuring                          hour NO2 NAAQS. On November 23,                          • does not contain any unfunded
                                                compliance with sections 115 and 126                    2016 (81 FR 84479), EPA approved the                  mandate or significantly or uniquely
                                                of the Act, relating to interstate and                  portions of Florida’s infrastructure SIP              affect small governments, as described
                                                international pollution abatement.                      regarding sections 110(a)(2)(A), prong 4              in the Unfunded Mandates Reform Act
                                                   On January 22, 2010, EPA established                 of section 110(a)(2)(D)(i), section                   of 1995 (Pub. L. 104–4);
                                                a new 1-hour primary NAAQS for NO2                      110(a)(2)(D)(ii), sections 110(a)(2)(E)–                 • does not have Federalism
                                                at a level of 100 parts per billion, based              (H), and sections 110(a)(2)(K)–(M). The               implications as specified in Executive
                                                on a 3-year average of the 98th                         portion of Florida’s infrastructure SIP               Order 13132 (64 FR 43255, August 10,
                                                percentile of the yearly distribution of 1-             related to the ambient air quality                    1999);
                                                hour daily maximum concentrations.                                                                               • is not an economically significant
                                                                                                        monitoring and data system
                                                See 75 FR 6474 (February 9, 2010). This                                                                       regulatory action based on health or
                                                                                                        requirements of section 110(a)(2)(B) will
                                                NAAQS is designed to protect against                                                                          safety risks subject to Executive Order
                                                                                                        be acted on in a separate action.
                                                exposure to the entire group of nitrogen                                                                      13045 (62 FR 19885, April 23, 1997);
                                                                                                          The details of Florida’s submission                    • is not a significant regulatory action
                                                oxides (NOX). NO2 is the component of
                                                                                                        and the rationale for EPA’s action are                subject to Executive Order 13211 (66 FR
                                                greatest concern and is used as the
                                                                                                        explained in the August 10, 2017, notice              28355, May 22, 2001);
                                                indicator for the larger group of NOX.
                                                                                                        of proposed rulemaking. Comments on                      • is not subject to requirements of
                                                Emissions that lead to the formation of
                                                                                                        the proposed rulemaking were due on or                Section 12(d) of the National
                                                NO2 generally also lead to the formation
                                                of other NOX. Therefore, control                        before September 11, 2017. EPA did not                Technology Transfer and Advancement
                                                measures that reduce NO2 can generally                  receive any comments, adverse or                      Act of 1995 (15 U.S.C. 272 note) because
                                                be expected to reduce population                        otherwise.                                            application of those requirements would
                                                exposures to all gaseous NOX which                      II. Final Action                                      be inconsistent with the Clean Air Act;
                                                may have the co-benefit of reducing the                                                                       and
                                                formation of ozone and fine particles                      As described above, EPA is taking                     • does not provide EPA with the
                                                both of which pose significant public                   final action to approve Florida’s                     discretionary authority to address, as
                                                health threats.                                         February 3, 2017, SIP revision                        appropriate, disproportionate human
                                                   States were required to submit                       addressing prongs 1 and 2 of CAA                      health or environmental effects, using
                                                infrastructure SIP submissions for the                  section 110(a)(2)(D)(i) for the 2010 1-               practicable and legally permissible
                                                2010 1-hour NO2 NAAQS to EPA no                         hour NO2 NAAQS. EPA is taking final                   methods, under Executive Order 12898
                                                later than January 22, 2013. For                        action to approve this portion Florida’s              (59 FR 7629, February 16, 1994).
                                                comprehensive information on the 2010                   infrastructure SIP submission because                    The SIP is not approved to apply on
                                                1-hour NO2 NAAQS, please refer to the                   Florida’s SIP includes adequate                       any Indian reservation land or in any
                                                Federal Register notice cited                           provisions to prevent emissions sources               other area where EPA or an Indian tribe
                                                immediately above.                                      within the State from significantly                   has demonstrated that a tribe has
                                                   In a notice of proposed rulemaking                   contributing to nonattainment or                      jurisdiction. In those areas of Indian
                                                published on August 10, 2017 (82 FR                     interfering with maintenance of this                  country, the rule does not have tribal
                                                37384), EPA proposed to approve                         standard in any other state.                          implications as specified by Executive
                                                Florida’s February 3, 2017, SIP                         III. Statutory and Executive Order                    Order 13175 (65 FR 67249, November 9,
                                                submission concluding that its SIP                      Reviews                                               2000), nor will it impose substantial
                                                adequately addresses prong 1 and prong                                                                        direct costs on tribal governments or
                                                2 requirements for the 2010 1-hour NO2                    Under the CAA, the Administrator is                 preempt tribal law.
                                                NAAQS. Florida provided the following                   required to approve a SIP submission                     The Congressional Review Act, 5
                                                reasons for its determination: (1) The                  that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                                SIP contains state regulations that                     Act and applicable Federal regulations.               Business Regulatory Enforcement
                                                directly or indirectly control NOX                      See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               Fairness Act of 1996, generally provides
jstallworth on DSKBBY8HB2PROD with RULES




                                                emissions; (2) all areas in the United                  Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                                States are designated as unclassifiable/                EPA’s role is to approve state choices,               agency promulgating the rule must
                                                attainment for the 2010 1-hour NO2                      provided that they meet the criteria of               submit a rule report, which includes a
                                                NAAQS; (3) maximum 1-hour NO2                           the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                                concentrations in states near Florida                   merely approves state law as meeting                  Congress and to the Comptroller General
                                                (Alabama, Georgia, Louisiana,                           Federal requirements and does not                     of the United States. EPA will submit a
                                                Mississippi, and South Carolina) are                    impose additional requirements beyond                 report containing this action and other


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                                                                 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations                                                    47985

                                                required information to the U.S. Senate,                for judicial review may be filed, and                      PART 52—APPROVAL AND
                                                the U.S. House of Representatives, and                  shall not postpone the effectiveness of                    PROMULGATION OF
                                                the Comptroller General of the United                   such rule or action. This action may not                   IMPLEMENTATION PLANS
                                                States prior to publication of the rule in              be challenged later in proceedings to
                                                the Federal Register. A major rule                      enforce its requirements. See section                      ■ 1. The authority citation for part 52
                                                cannot take effect until 60 days after it               307(b)(2).                                                 continues to read as follows:
                                                is published in the Federal Register.                                                                                  Authority: 42 U.S.C. 7401 et seq.
                                                This action is not a ‘‘major rule’’ as                  List of Subjects in 40 CFR Part 52
                                                defined by 5 U.S.C. 804(2).                               Environmental protection, Air                            Subpart K—Florida
                                                   Under section 307(b)(1) of the CAA,
                                                                                                        pollution control, Incorporation by
                                                petitions for judicial review of this                                                                              ■ 2. Section 52.520(e) is amended by
                                                                                                        reference, Intergovernmental relations,
                                                action must be filed in the United States                                                                          adding a new entry for ‘‘110(a)(1) and
                                                                                                        Nitrogen dioxide, Ozone, Reporting and
                                                Court of Appeals for the appropriate                                                                               (2) Infrastructure Requirements for the
                                                                                                        recordkeeping requirements.
                                                circuit by December 15, 2017. Filing a                                                                             2010 1-hour NO2 NAAQS’’ at the end of
                                                petition for reconsideration by the                       Dated: September 28, 2017.                               the table to read as follows:
                                                Administrator of this final rule does not               Onis ‘‘Trey’’ Glenn, III,
                                                affect the finality of this action for the                                                                         § 52.520    Identification of plan.
                                                                                                        Regional Administrator, Region 4.
                                                purposes of judicial review nor does it                                                                            *       *    *      *      *
                                                extend the time within which a petition                       40 CFR part 52 is amended as follows:                    (e) * * *
                                                                                            EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
                                                                                                    State effective        EPA approval        Federal Register
                                                                  Provision                                                                                                             Explanation
                                                                                                         date                 date                  notice


                                                         *                    *                           *                        *                         *                      *              *
                                                110(a)(1) and (2) Infrastructure Require-                 2/3/2017           10/16/2017      [Insert citation of         Addressing Prongs 1 and 2 of section
                                                  ments for the 2010 1-hour NO2 NAAQS.                                                          publication].              110(a)(2)(D)(i) only.



                                                [FR Doc. 2017–22229 Filed 10–13–17; 8:45 am]            and inform the public that the rule will                   FOR FURTHER INFORMATION CONTACT:
                                                BILLING CODE 6560–50–P                                  not take effect.                                           Gavin Huang, (215) 814–2042, or by
                                                                                                        ADDRESSES: Submit your comments,                           email at huang.gavin@epa.gov.
                                                                                                        identified by Docket ID No. EPA–R03–                       SUPPLEMENTARY INFORMATION:
                                                ENVIRONMENTAL PROTECTION                                OAR–2016–0592 at http://
                                                AGENCY                                                                                                             I. Background
                                                                                                        www.regulations.gov, or via email to
                                                                                                        stahl.cynthia@epa.gov. For comments                           On October 26, 2015 (80 FR 65292),
                                                40 CFR Part 52
                                                                                                        submitted at Regulations.gov, follow the                   EPA revised the primary and secondary
                                                [EPA–R03–OAR–2016–0592; FRL–9969–40–                    online instructions for submitting                         national ambient air quality standards
                                                Region 3]                                               comments. Once submitted, comments                         (NAAQS) for ozone to 0.070 parts per
                                                                                                        cannot be edited or removed from                           million (ppm). The primary and
                                                Approval and Promulgation of Air                        Regulations.gov. For either manner of                      secondary ambient air quality standards
                                                Quality Implementation Plans; Virginia;                 submission, EPA may publish any                            are met at an ambient air quality
                                                Amendment to Ambient Air Quality                        comment received to its public docket.                     monitoring site when the 3-year average
                                                Standard for Ozone                                      Do not submit electronically any                           of the annual fourth-highest daily
                                                AGENCY: Environmental Protection                        information you consider to be                             maximum 8-hour average ozone
                                                Agency (EPA).                                           confidential business information (CBI)                    concentration is less than or equal to
                                                ACTION: Direct final rule.                              or other information whose disclosure is                   0.070 ppm.
                                                                                                        restricted by statute. Multimedia                             On July 25, 2016, the Commonwealth
                                                SUMMARY:   The Environmental Protection                 submissions (audio, video, etc.) must be                   of Virginia through the Virginia
                                                Agency (EPA) is taking direct final                     accompanied by a written comment.                          Department of Environmental Quality
                                                action to approve a revision to the                     The written comment is considered the                      (VADEQ) submitted a formal revision to
                                                Commonwealth of Virginia state                          official comment and should include                        its SIP. The SIP revision seeks to
                                                implementation plan (SIP). This                         discussion of all points you wish to                       incorporate the 2015 ozone NAAQS
                                                revision consists of an amendment to                    make. EPA will generally not consider                      promulgated by EPA into the Virginia
                                                Virginia’s SIP to incorporate by                        comments or comment contents located                       SIP.
                                                reference, the most recent federal                      outside of the primary submission (i.e.
                                                ambient air quality standard for ozone.                 on the web, cloud, or other file sharing                   II. Summary of SIP Revision and EPA
                                                EPA is approving this revision in                       system). For additional submission                         Analysis
                                                accordance with the requirements of the                 methods, please contact the person                           In the July 25, 2016 SIP submission,
                                                Clean Air Act (CAA).                                    identified in the FOR FURTHER                              Virginia seeks to add regulation 9VAC5–
jstallworth on DSKBBY8HB2PROD with RULES




                                                DATES: This rule is effective on                        INFORMATION CONTACT section. For the                       30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to
                                                December 15, 2017 without further                       full EPA public comment policy,                            the Virginia SIP. Regulation 9VAC5–30–
                                                notice, unless EPA receives adverse                     information about CBI or multimedia                        57 incorporates by reference the 2015
                                                written comment by November 15,                         submissions, and general guidance on                       ozone NAAQS as promulgated by EPA
                                                2017. If EPA receives such comments, it                 making effective comments, please visit                    and is consistent with the NAAQS set
                                                will publish a timely withdrawal of the                 http://www2.epa.gov/dockets/                               out in 40 CFR part 50. See 80 FR 65292
                                                direct final rule in the Federal Register               commenting-epa-dockets.                                    (October 26, 2015).


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Document Created: 2017-10-14 01:42:36
Document Modified: 2017-10-14 01:42:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective November 15, 2017.
ContactAndres 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 Citation82 FR 47983 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements

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