83 FR 48237 - Air Plan Approval; SC and TN; Regional Haze Plans and Prong 4 (Visibility) for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 185 (September 24, 2018)
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48237-48240 | |
| FR Document | 2018-20621 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Rules and Regulations] [Pages 48237-48240] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20621] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2018-0073; EPA-R04-OAR-2018-0187; FRL-9984-20-Region 4] Air Plan Approval; SC and TN; Regional Haze Plans and Prong 4 (Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the portions of South Carolina's and Tennessee's State Implementation Plan (SIP) revisions submitted by these States with letters dated September 5, 2017, and November 22, 2017, respectively, seeking to change reliance from the Clean Air Interstate Rule (CAIR) to the Cross-State Air Pollution Rule (CSAPR) for certain regional haze requirements; converting EPA's limited approvals/limited disapprovals of South Carolina's and Tennessee's regional haze plans to full approvals; removing EPA's Federal Implementation Plans (FIPs) for South Carolina and Tennessee that replaced reliance on CAIR with reliance on CSAPR to address the deficiencies identified in the limited disapprovals of South Carolina's and Tennessee's regional haze plans; and converting the conditional approvals to full approvals for the visibility prongs of South Carolina's infrastructure SIP submittals for the 2012 Fine Particulate Matter (PM2.5 ), 2010 Nitrogen Dioxide (NO2 ), 2010 Sulfur Dioxide (SO2 ), and 2008 8-hour Ozone National Ambient Air Quality Standards (NAAQS) and the visibility prongs of Tennessee's infrastructure SIP submittals for the 2012 PM2.5 , 2010 NO2 , and 2010 SO2 NAAQS. DATES: This rule is effective October 24, 2018. ADDRESSES: EPA has established dockets for these actions under Docket Identification Nos. EPA-R04-OAR-2018-0073 (SC) and EPA-R04-OAR-2018- 0187 (TN). All documents in the dockets are listed on the www.regulations.gov website. 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: Michele Notarianni, 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. Notarianni can be reached by telephone at (404) 562- 9031 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background South Carolina and Tennessee submitted infrastructure SIPs that relied on having fully-approved regional haze plans to satisfy the visibility transport provision of Clean Air Act section 110(a)(2)(D)(i)(II).\1\ The CAA requires [[Page 48238]] 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.'' This visibility provision, known as ``prong 4,'' prohibits any source or other type of emissions activity in a state from emitting any air pollutant in amounts which will interfere with measures required to be included in the applicable SIP for any other state to protect visibility. Specifically, South Carolina submitted infrastructure SIPs for the 2008 8-Hour Ozone (July 17, 2012), 2010 NO2 (April 30, 2014), 2010 SO2 (May 8, 2014), and 2012 annual PM2.5 (December 18, 2015) NAAQS, and Tennessee submitted infrastructure SIPs for the 2010 NO2 (March 13, 2014), 2010 SO2 (March 13, 2014), and 2012 annual PM2.5 (December 16, 2015) NAAQS.\2\ However, at the time of these submissions, EPA had not fully approved South Carolina's or Tennessee's regional haze plan, as the Agency had issued limited disapprovals of these States' original regional haze plans on June 7, 2012 (77 FR 33642) for South Carolina and April 4, 2012 (77 FR 24392) for Tennessee due to these plans' reliance on CAIR. In conjunction with the limited disapprovals, EPA promulgated FIPs replacing reliance on CAIR with reliance on CSAPR to address the deficiencies in the regional haze plans for South Carolina and Tennessee. See 77 FR 33642 (June 7, 2012). --------------------------------------------------------------------------- \1\ EPA's 2013 Guidance on Infrastructure SIP Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) (2013 Guidance) provides that one way a state may demonstrate that its SIP will ensure that emissions from the state will not interfere with measures required to be in other states' plans to protect visibility (i.e., to satisfy prong 4) is through confirmation in its infrastructure SIP submission that it has an approved regional haze SIP that fully meets the requirements of 40 CFR 51.308 or 51.309. See 2013 Guidance at 33, https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf. \2\ EPA notes that the dates of submission reflect the dates on the transmittal cover letters for these infrastructure SIPs. --------------------------------------------------------------------------- EPA conditionally approved the aforementioned infrastructure SIP submittals based on letters from South Carolina and Tennessee committing to submit SIP revisions revising their regional haze plans to replace reliance on CAIR with reliance on CSAPR.\3\ See 81 FR 56512 (August 22, 2016) (South Carolina) and 82 FR 27428 (June 15, 2017) (Tennessee). In accordance with these commitments to correct the deficiencies in their regional haze plans in order to obtain approval of their infrastructure SIP submittals that rely on fully-approved regional haze plans, South Carolina and Tennessee submitted SIP revisions on September 5, 2017, and November 22, 2017, respectively, to replace reliance on CAIR with reliance on CSAPR for certain regional haze requirements. --------------------------------------------------------------------------- \3\ The commitment letters are located in the respective dockets for today's actions. --------------------------------------------------------------------------- On June 4, 2018 (83 FR 25604) and June 20, 2018 (83 FR 28582), EPA published notices of proposed rulemaking (NPRMs) proposing to approve the regional haze portions of South Carolina's September 5, 2017, and Tennessee's November 22, 2017 SIP revisions, respectively; fully approve South Carolina's and Tennessee's regional haze plans; remove the regional haze FIPs addressing the deficiencies in these plans; and approve the prong 4 elements of these states' infrastructure SIP submissions. The specific details of South Carolina's September 5, 2017, and Tennessee's November 22, 2017 SIP revisions and the rationale for EPA's proposed approvals are discussed in the respective NPRMs. EPA received no relevant comments on the NPRMs for South Carolina or Tennessee. II. Final Action EPA finds that the relevant portions of South Carolina's September 5, 2017, and Tennessee's November 22, 2017 SIP revisions satisfy the SO2 and nitrogen oxides (NOX ) best available retrofit technology (BART) requirements; the states' reasonable progress obligations with respect to SO2 emissions from electric generating units that were previously subject to CAIR; and, in part, the requirement that the states' long-term strategies contain the measures necessary to achieve reasonable progress.\4\ Accordingly, EPA is approving the regional haze portions of these SIP revisions, determining that the revisions correct the deficiencies that led to EPA's limited approvals/limited disapprovals of these states' regional haze SIPs, and converting EPA's previous actions on South Carolina's and Tennessee's regional haze SIPs from limited approvals/limited disapprovals to full approvals. EPA is also removing the FIPs for South Carolina and Tennessee that replaced reliance on CAIR with reliance on CSAPR to address the limited disapprovals. With the approval of the portions of South Carolina's September 5, 2017, and Tennessee's November 22, 2017 SIP revisions related to regional haze requirements, these states' implementation plans now provide for the measures needed to ensure that their emissions do not interfere with measures required to be included in other states' plans to protect visibility. Therefore, EPA is also converting the conditional approvals to full approvals for the prong 4 portions of Tennessee's 2012 annual PM2.5 , 2010 NO2 , and 2010 SO2 infrastructure SIP submittals and South Carolina's 2012 annual PM2.5 , 2010 NO2 , 2010 SO2 , and 2008 ozone infrastructure SIP submittals. All other applicable infrastructure requirements for the infrastructure SIP submissions have been or will be addressed in separate rulemakings. --------------------------------------------------------------------------- \4\ In their regional haze SIPs, South Carolina and Tennessee focused solely on evaluating SO2 sources contributing to visibility impairment for additional emissions reductions for reasonable progress in the first implementation period. See 77 FR 11894, 11904 (February 28, 2012); 76 FR 33662, 33673 (June 9, 2011), respectively. EPA approved the states' ultimate conclusions that no additional controls beyond CAIR were reasonable for SO2 for affected EGUs during this implementation period. See 77 FR 11906-07; 76 FR 33676, respectively. --------------------------------------------------------------------------- III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review These actions are not significant regulatory actions and were therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs These actions are not Executive Order 13771 regulatory actions because these actions are not significant under Executive Order 12866. C. Paperwork Reduction Act These actions do not impose an information collection burden under the provisions of the Paperwork Reduction Act, because they do not contain any information collection activities. D. Regulatory Flexibility Act (RFA) I certify that these actions will not have a significant economic impact on a substantial number of small entities under the RFA. These actions will not impose any requirements on small entities. E. Unfunded Mandates Reform Act (UMRA) These actions do not contain any unfunded mandates as described in UMRA, 2 U.S.C. 1531-1538, and do not significantly or uniquely affect small governments. These actions impose no enforceable duty on any state, local or tribal governments or the private sector. F. Executive Order 13132: Federalism These actions do not have federalism implications. They will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and [[Page 48239]] responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments These actions do not have tribal implications, as specified in Executive Order 13175, in Tennessee or South Carolina. It will not have substantial direct effects on tribal governments. EPA has determined these actions do not have substantial direct effects on tribal governments because, as it relates to prong 4, these actions are not approving any specific rule, but rather determining that the approved SIPs for these states meet certain CAA requirements. As it relates to the regional haze SIPs, replacing reliance on CAIR with reliance on CSAPR has no substantial direct effects because the reliance on CSAPR for regional haze purposes in these states already existed through FIPs. The Catawba Indian Nation Reservation is located within the boundary of York County, South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local environmental laws and regulations apply to the [Catawba Indian Nation] and Reservation and are fully enforceable by all relevant state and local agencies and authorities.'' However, EPA has determined that the actions related to South Carolina do not have substantial direct effects on the Catawba Indian Nation for the reasons discussed above. EPA notes today's actions will not impose substantial direct costs on Tribal governments or preempt Tribal law. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. These actions are not subject to Executive Order 13045 because they do not concern an environmental health risk or safety risk. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These actions are not subject to Executive Order 13211, because they are not significant regulatory actions under Executive Order 12866. J. National Technology Transfer and Advancement Act These rulemakings do not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes that these actions do not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). L. Congressional Review Act (CRA) These actions are subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. These actions are not a ``major rule'' as defined by 5 U.S.C. 804(2). M. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of these actions must be filed in the United States Court of Appeals for the appropriate circuit by November 23, 2018. Filing a petition for reconsideration by the Administrator of these final rules does not affect the finality of these actions 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. These actions may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: September 13, 2018. Andrew R. Wheeler, Acting EPA Administrator. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42.U.S.C. 7401 et seq. Subpart PP--South Carolina 0 2. Section 52.2120 is amended by adding entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' and ``Regional Haze Plan Revision'' at the end of the table in paragraph (e) to read as follows: Sec. 52.2120 Identification of plan. * * * * * (e) * * * EPA-Approved South Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Provision effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 7/17/2012 9/24/2018, [Insert Addressing prong 4 of section Requirements for the 2008 8-hour citation of publication]. 110(a)(2)(D)(i)(II) only. Ozone NAAQS. 110(a)(1) and (2) Infrastructure 4/30/2014 9/24/2018, [Insert Addressing prong 4 of section Requirements for the 2010 1-hour NO2 citation of publication]. 110(a)(2)(D)(i)(II) only. NAAQS. 110(a)(1) and (2) Infrastructure 5/8/2014 9/24/2018 [Insert Addressing prong 4 of section Requirements for the 2010 1-hour SO2 citation of publication]. 110(a)(2)(D)(i)(II) only. NAAQS. [[Page 48240]] 110(a)(1) and (2) Infrastructure 12/18/2015 9/24/2018, [Insert Addressing prong 4 of section Requirements for the 2012 Annual citation of publication]. 110(a)(2)(D)(i)(II) only. PM2.5 NAAQS. Regional Haze Plan Revision........... 9/5/2017 9/24/2018, [Insert ............................. citation of publication]. ---------------------------------------------------------------------------------------------------------------- Sec. 52.2127 [Removed and Reserved] 0 3. Section 52.2127 is removed and reserved. Sec. 52.2132 [Removed and Reserved] 0 4. Section 52.2132 is removed and reserved. Subpart RR--Tennessee 0 5. Section 52.2220 is amended by adding entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' and ``Regional Haze Plan Revision'' at the end of the table in paragraph (e) to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * EPA-Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Tennessee......... 3/13/2014 9/24/2018, [Insert Addressing prong 4 of Infrastructure Requirements citation of section for the 2010 1-hour NO2 NAAQS. publication]. 110(a)(2)(D)(i)(II) only. 110(a)(1) and (2) Tennessee......... 3/13/2014 9/24/2018, [Insert Addressing prong 4 of Infrastructure Requirements citation of section for the 2010 1-hour SO2 NAAQS. publication]. 110(a)(2)(D)(i)(II) only. 110(a)(1) and (2) Tennessee......... 12/16/2015 9/24/2018, [Insert Addressing prong 4 of Infrastructure Requirements citation of section for the 2012 Annual PM2.5 publication]. 110(a)(2)(D)(i)(II) NAAQS. only. Regional Haze Plan Revision.... Tennessee......... 11/22/2017 9/24/2018, [Insert ....................... citation of publication]. ---------------------------------------------------------------------------------------------------------------- Sec. 52.2219 [Removed and Reserved] 0 6. Section 52.2219 is removed and reserved. Sec. 52.2234 [Removed and Reserved] 0 7. Sections 52.2234 is removed and reserved. [FR Doc. 2018-20621 Filed 9-21-18; 8:45 am] BILLING CODE 6560-50-P
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meter license holder, see paragraph (xi) Pursuant to the order of a court visibility prongs of Tennessee’s
(d)(3) of this section. (Lists of permit of competent jurisdiction. A court of infrastructure SIP submittals for the
holders may not be disclosed to competent jurisdiction is defined in 2012 PM2.5, 2010 NO2, and 2010 SO2
members of the public. See paragraph Article III of the United States NAAQS.
(e)(1) of this section.) Constitution including, but not limited DATES: This rule is effective October 24,
* * * * * to any United States District Court, any 2018.
United States or Federal Court of
PART 266—PRIVACY OF Appeals, the United States Court of ADDRESSES: EPA has established dockets
INFORMATION Federal Claims, and the United States for these actions under Docket
Supreme Court. For purposes of this Identification Nos. EPA–R04–OAR–
■ 7. The authority citation for part 266 section, state courts are not courts of 2018–0073 (SC) and EPA–R04–OAR–
continues to read as follows: competent jurisdiction. 2018–0187 (TN). All documents in the
Authority: 5 U.S.C. 552a; 39 U.S.C. 401. dockets are listed on the
* * * * *
8. Amend § 266.3 by revising www.regulations.gov website. Although
■ (5) Employment status. * * *
paragraphs (a) introductory text, (a)(3), listed in the index, some information
* * * * * may not be publicly available, i.e.,
(b)(1) introductory text, (b)(1)(i),
(b)(1)(iii), (b)(2) introductory text, Ruth Stevenson, Confidential Business Information or
(b)(2)(iii), and (b)(2)(xi), and the Attorney, Federal Compliance. other information whose disclosure is
paragraph (b)(5) heading to read as [FR Doc. 2018–20585 Filed 9–21–18; 8:45 am] restricted by statute. Certain other
follows: BILLING CODE 7710–12–P
material, such as copyrighted material,
is not placed on the internet and will be
§ 266.3 Collection and disclosure of publicly available only in hard copy
information about individuals. form. Publicly available docket
ENVIRONMENTAL PROTECTION
(a) This section governs the collection materials are available either
AGENCY
of information about individuals, as electronically through
defined in the Privacy Act of 1974, 40 CFR Part 52 www.regulations.gov or in hard copy at
throughout the United States Postal the Air Regulatory Management Section,
Service and across its operations; [EPA–R04–OAR–2018–0073; EPA–R04– Air Planning and Implementation
OAR–2018–0187; FRL–9984–20-Region 4]
* * * * * Branch, Air, Pesticides and Toxics
(3) The Postal Service will maintain Air Plan Approval; SC and TN; Management Division, U.S.
no record describing how an individual Regional Haze Plans and Prong 4 Environmental Protection Agency,
exercises rights guaranteed by the First (Visibility) for the 2012 PM2.5, 2010 Region 4, 61 Forsyth Street SW, Atlanta,
Amendment unless expressly NO2, 2010 SO2, and 2008 Ozone Georgia 30303–8960. EPA requests that
authorized by statute or by the NAAQS if at all possible, you contact the person
individual about whom the record is listed in the FOR FURTHER INFORMATION
maintained or unless pertinent to and AGENCY: Environmental Protection CONTACT section to schedule your
within the scope of an authorized law Agency (EPA). inspection. The Regional Office’s
enforcement activity. ACTION: Final rule. official hours of business are Monday
* * * * * through Friday 8:30 a.m. to 4:30 p.m.,
SUMMARY: The Environmental Protection excluding Federal holidays.
(b) * * * Agency (EPA) is approving the portions
(1) Limitations. The Postal Service FOR FURTHER INFORMATION CONTACT:
of South Carolina’s and Tennessee’s
will not disclose information about an State Implementation Plan (SIP) Michele Notarianni, Air Regulatory
individual unless reasonable efforts revisions submitted by these States with Management Section, Air Planning and
have been made to assure that the letters dated September 5, 2017, and Implementation Branch, Air, Pesticides
information is accurate, complete, November 22, 2017, respectively, and Toxics Management Division, U.S.
timely and relevant to the extent seeking to change reliance from the Environmental Protection Agency,
provided by the Privacy Act and unless: Clean Air Interstate Rule (CAIR) to the Region 4, 61 Forsyth Street SW, Atlanta,
(i) The individual to whom the record Cross-State Air Pollution Rule (CSAPR) Georgia 30303–8960. Ms. Notarianni can
pertains has requested in writing, or for certain regional haze requirements; be reached by telephone at (404) 562–
with the prior written consent of the converting EPA’s limited approvals/ 9031 or via electronic mail at
individual to whom the record pertains, limited disapprovals of South Carolina’s notarianni.michele@epa.gov.
that the information be disclosed, unless and Tennessee’s regional haze plans to SUPPLEMENTARY INFORMATION:
the individual would not be entitled to full approvals; removing EPA’s Federal
access to the record under the Postal I. Background
Implementation Plans (FIPs) for South
Reorganization Act, the Privacy Act, or Carolina and Tennessee that replaced South Carolina and Tennessee
other law; reliance on CAIR with reliance on submitted infrastructure SIPs that relied
* * * * * CSAPR to address the deficiencies on having fully-approved regional haze
(iii) The disclosure is in accordance identified in the limited disapprovals of plans to satisfy the visibility transport
with paragraph (b)(2) of this section. South Carolina’s and Tennessee’s provision of Clean Air Act section
(2) Conditions of Disclosure. regional haze plans; and converting the 110(a)(2)(D)(i)(II).1 The CAA requires
Disclosure of personal information conditional approvals to full approvals
maintained in a system of records may for the visibility prongs of South
1 EPA’s 2013 Guidance on Infrastructure SIP
daltland on DSKBBV9HB2PROD with RULES
be made: Elements under Clean Air Act Sections 110(a)(1)
Carolina’s infrastructure SIP submittals and 110(a)(2) (2013 Guidance) provides that one
* * * * * for the 2012 Fine Particulate Matter way a state may demonstrate that its SIP will ensure
(iii) For a routine use as contained in (PM2.5), 2010 Nitrogen Dioxide (NO2), that emissions from the state will not interfere with
the system of records notices published measures required to be in other states’ plans to
2010 Sulfur Dioxide (SO2), and 2008 8- protect visibility (i.e., to satisfy prong 4) is through
in the Federal Register; hour Ozone National Ambient Air confirmation in its infrastructure SIP submission
* * * * * Quality Standards (NAAQS) and the Continued
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responsibilities among the various reason to believe may finality of these actions for the purposes
levels of government. disproportionately affect children, per of judicial review nor does it extend the
the definition of ‘‘covered regulatory time within which a petition for judicial
G. Executive Order 13175: Consultation
action’’ in section 2–202 of the review may be filed, and shall not
and Coordination With Indian Tribal
Executive Order. These actions are not postpone the effectiveness of such rule
Governments subject to Executive Order 13045 or action. These actions may not be
These actions do not have tribal because they do not concern an challenged later in proceedings to
implications, as specified in Executive environmental health risk or safety risk. enforce its requirements. See CAA
Order 13175, in Tennessee or South section 307(b)(2).
Carolina. It will not have substantial I. Executive Order 13211: Actions
direct effects on tribal governments. Concerning Regulations That List of Subjects in 40 CFR Part 52
EPA has determined these actions do Significantly Affect Energy Supply,
Distribution, or Use Environmental protection,
not have substantial direct effects on Administrative practice and procedure,
tribal governments because, as it relates These actions are not subject to Air pollution control, Incorporation by
to prong 4, these actions are not Executive Order 13211, because they are reference, Intergovernmental relations,
approving any specific rule, but rather not significant regulatory actions under Nitrogen dioxide, Ozone, Particulate
determining that the approved SIPs for Executive Order 12866. Matter, Reporting and recordkeeping
these states meet certain CAA J. National Technology Transfer and requirements, Sulfur oxides.
requirements. As it relates to the Advancement Act Dated: September 13, 2018.
regional haze SIPs, replacing reliance on
These rulemakings do not involve Andrew R. Wheeler,
CAIR with reliance on CSAPR has no
substantial direct effects because the technical standards. Acting EPA Administrator.
reliance on CSAPR for regional haze K. Executive Order 12898: Federal 40 CFR part 52 is amended as follows:
purposes in these states already existed Actions To Address Environmental
through FIPs. The Catawba Indian Justice in Minority Populations and PART 52—APPROVAL AND
Nation Reservation is located within the Low-Income Populations PROMULGATION OF
boundary of York County, South IMPLEMENTATION PLANS
EPA believes that these actions do not
Carolina. Pursuant to the Catawba have disproportionately high and
Indian Claims Settlement Act, S.C. Code ■ 1. The authority citation for part 52
adverse human health or environmental continues to read as follows:
Ann. 27–16–120, ‘‘all state and local effects on minority populations, low-
environmental laws and regulations income populations, and/or indigenous Authority: 42.U.S.C. 7401 et seq.
apply to the [Catawba Indian Nation] peoples, as specified in Executive Order
and Reservation and are fully Subpart PP—South Carolina
12898 (59 FR 7629, February 16, 1994).
enforceable by all relevant state and
local agencies and authorities.’’ L. Congressional Review Act (CRA) ■ 2. Section 52.2120 is amended by
However, EPA has determined that the These actions are subject to the CRA, adding entries for ‘‘110(a)(1) and (2)
actions related to South Carolina do not and EPA will submit a rule report to Infrastructure Requirements for the 2008
have substantial direct effects on the each House of the Congress and to the 8-hour Ozone NAAQS’’, ‘‘110(a)(1) and
Catawba Indian Nation for the reasons Comptroller General of the United (2) Infrastructure Requirements for the
discussed above. EPA notes today’s States. These actions are not a ‘‘major 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1)
actions will not impose substantial rule’’ as defined by 5 U.S.C. 804(2). and (2) Infrastructure Requirements for
direct costs on Tribal governments or the 2010 1-hour SO2 NAAQS’’,
preempt Tribal law. M. Judicial Review ‘‘110(a)(1) and (2) Infrastructure
Under section 307(b)(1) of the CAA, Requirements for the 2012 Annual PM2.5
H. Executive Order 13045: Protection of petitions for judicial review of these NAAQS’’ and ‘‘Regional Haze Plan
Children From Environmental Health actions must be filed in the United Revision’’ at the end of the table in
Risks and Safety Risks States Court of Appeals for the paragraph (e) to read as follows:
EPA interprets Executive Order 13045 appropriate circuit by November 23,
as applying only to those regulatory 2018. Filing a petition for § 52.2120 Identification of plan.
actions that concern environmental reconsideration by the Administrator of * * * * *
health or safety risks that EPA has these final rules does not affect the (e) * * *
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
State effective
Provision EPA approval date Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastructure 7/17/2012 9/24/2018, [Insert citation of Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
Requirements for the 2008 publication].
8-hour Ozone NAAQS.
110(a)(1) and (2) Infrastructure 4/30/2014 9/24/2018, [Insert citation of Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
daltland on DSKBBV9HB2PROD with RULES
Requirements for the 2010 publication].
1-hour NO2 NAAQS.
110(a)(1) and (2) Infrastructure 5/8/2014 9/24/2018 [Insert citation of Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
Requirements for the 2010 publication].
1-hour SO2 NAAQS.
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EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS—Continued
State effective
Provision EPA approval date Explanation
date
110(a)(1) and (2) Infrastructure 12/18/2015 9/24/2018, [Insert citation of Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
Requirements for the 2012 publication].
Annual PM2.5 NAAQS.
Regional Haze Plan Revision .. 9/5/2017 9/24/2018, [Insert citation of
publication].
§ 52.2127 [Removed and Reserved] Subpart RR—Tennessee Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ and ‘‘Regional
■ 3. Section 52.2127 is removed and ■ 5. Section 52.2220 is amended by Haze Plan Revision’’ at the end of the
reserved. adding entries for ‘‘110(a)(1) and (2) table in paragraph (e) to read as follows:
§ 52.2132 [Removed and Reserved] Infrastructure Requirements for the 2010
1-hour NO2 NAAQS’’, ‘‘110(a)(1) and (2) § 52.2220 Identification of plan.
■ 4. Section 52.2132 is removed and Infrastructure Requirements for the 2010 * * * * *
reserved. 1-hour SO2 NAAQS’’, ‘‘110(a)(1) and (2) (e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable State effective
Name of non-regulatory SIP provision geographic or EPA approval date Explanation
date
nonattainment area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- Tennessee ............. 3/13/2014 9/24/2018, [Insert Addressing prong 4 of section
ments for the 2010 1-hour NO2 citation of publi- 110(a)(2)(D)(i)(II) only.
NAAQS. cation].
110(a)(1) and (2) Infrastructure Require- Tennessee ............. 3/13/2014 9/24/2018, [Insert Addressing prong 4 of section
ments for the 2010 1-hour SO2 citation of publi- 110(a)(2)(D)(i)(II) only.
NAAQS. cation].
110(a)(1) and (2) Infrastructure Require- Tennessee ............. 12/16/2015 9/24/2018, [Insert Addressing prong 4 of section
ments for the 2012 Annual PM2.5 citation of publi- 110(a)(2)(D)(i)(II) only.
NAAQS. cation].
Regional Haze Plan Revision ................. Tennessee ............. 11/22/2017 9/24/2018, [Insert
citation of publi-
cation].
§ 52.2219 [Removed and Reserved] (SIP) to contain adequate provisions statute. Certain other material, such as
■ 6. Section 52.2219 is removed and prohibiting emissions that will have copyrighted material, is not placed on
reserved. certain adverse air quality effects in the internet and is publicly available
other states. On December 23, 2015, the only in hard copy form. Publicly
§ 52.2234 [Removed and Reserved] State of Idaho made a submission to the available docket materials are available
■ 7. Sections 52.2234 is removed and Environmental Protection Agency (EPA) at https://www.regulations.gov, or
reserved. to address these requirements. The EPA please contact the person identified in
is approving the submission as meeting the FOR FURTHER INFORMATION CONTACT
[FR Doc. 2018–20621 Filed 9–21–18; 8:45 am]
the requirement that each SIP contain section for additional availability
BILLING CODE 6560–50–P
adequate provisions to prohibit information.
emissions that will contribute
FOR FURTHER INFORMATION CONTACT: Jeff
ENVIRONMENTAL PROTECTION significantly to nonattainment or
Hunt at (206) 553–0256, or hunt.jeff@
AGENCY interfere with maintenance of the 2012
epa.gov.
annual fine particulate matter (PM2.5)
40 CFR Part 52 national ambient air quality standard SUPPLEMENTARY INFORMATION:
(NAAQS) in any other state. Throughout this document wherever
[EPA–R10–OAR–2018–0509; FRL–9984– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
29—Region 10] DATES:This final rule is effective
intended to refer to the EPA.
October 24, 2018.
Air Plan Approval; Idaho; Interstate I. Background Information
ADDRESSES: The EPA has established a
Transport Requirements for the 2012
docket for this action under Docket ID On July 18, 2018, the EPA proposed
PM2.5 NAAQS
No. EPA–R10–OAR–2018–0509. All to approve Idaho as meeting the
daltland on DSKBBV9HB2PROD with RULES
AGENCY: Environmental Protection documents in the docket are listed on requirement that each SIP contain
Agency (EPA). the https://www.regulations.gov adequate provisions to prohibit
ACTION: Final rule. website. Although listed in the index, emissions that will contribute
some information is not publicly significantly to nonattainment or
SUMMARY: The Clean Air Act (CAA) available, e.g., CBI or other information interfere with maintenance of the 2012
requires each State Implementation Plan the disclosure of which is restricted by PM2.5 NAAQS in any other state (83 FR
VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1](https://thefederalregister.org/doc/83_FR_48422/page/4.svg)
Document Created: 2018-09-22 00:32:37
Document Modified: 2018-09-22 00:32:37
| 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 October 24, 2018. | |
| Contact | Michele Notarianni, 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. Notarianni can be reached by telephone at (404) 562- 9031 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 48237 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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