83 FR 48387 - Air Plan Approval; AL, FL, GA, KY, MS, NC, SC, TN; Interstate Transport for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 186 (September 25, 2018)
Federal Register Volume 83, Issue 186 (September 25, 2018)
| Page Range | 48387-48391 | |
| FR Document | 2018-20728 |
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)] [Rules and Regulations] [Pages 48387-48391] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20728] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0334; FRL-9984-36--Region 4] Air Plan Approval; AL, FL, GA, KY, MS, NC, SC, TN; Interstate Transport for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of State Implementation Plan (SIP) submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee addressing the Clean Air Act (CAA or Act) interstate transport infrastructure SIP requirements for the 2012 Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standards (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.'' EPA is taking final action to approve the interstate transport portions of these infrastructure SIPs for the aforementioned states as demonstrating that air emissions in the states do not significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in any other state. DATES: This rule will be effective October 25, 2018. ADDRESSES: EPA has established a docket for these actions under Docket Identification No. EPA-R04-OAR-2016-0334. All documents in the docket 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: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Wong can be reached by telephone at (404) 562-8726 or via electronic mail at wong.richard@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On December 14, 2012, EPA revised the primary Annual PM2.5 NAAQS to 12.0 micrograms per cubic meter ([mu]g/m\3\). See 78 FR 3086 (January 15, 2013). An area meets the standard if the three-year average of its annual average PM2.5 concentration (at each monitoring site in the area) is less than or equal to 12.0 [mu]g/m\3\. States were required to submit infrastructure SIP submissions for the 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. CAA section 110(a)(1) requires states to submit SIP revisions within three years after promulgation of a new or revised NAAQS in order to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. CAA section 110(a)(2) outlines the applicable requirements of such SIP submissions, which EPA has historically referred to as ``infrastructure SIP'' submissions. Section 110(a)(2) [[Page 48388]] requires states to address basic SIP elements such as monitoring, basic program requirements (e.g., permitting), and legal authority that are designed to assure attainment and maintenance of the newly established or revised NAAQS. Thus, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs, and 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 subsections: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ``prongs,'' that must be addressed in infrastructure SIP submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), require plans to 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) or from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement.\1\ --------------------------------------------------------------------------- \1\ EPA highlighted the statutory requirement to submit infrastructure SIPs within three years of promulgation of a new NAAQS in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards.'' EPA has issued additional guidance documents and memoranda, including a September 13, 2013, guidance document entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).'' --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on August 9, 2018 (83 FR 39387), EPA proposed to approve the prong 1 and prong 2 portions of infrastructure SIP submissions transmitted under cover letter by: Alabama (dated December 9, 2015); Florida (dated December 14, 2015); Georgia (dated December 14, 2015); Kentucky (dated February 8, 2016); Mississippi (dated December 8, 2015); North Carolina (dated December 4, 2015); South Carolina (dated December 14, 2015); and Tennessee (dated December 16, 2015), as demonstrating that these states do not significantly contribute to nonattainment or interfere with maintenance of the 2012 Annual PM2.5 NAAQS in any other state.\2\ All other applicable infrastructure SIP requirements for these SIP submissions have been or will be addressed in separate rulemakings. The specific details of the SIP submissions and the rationale for EPA's actions on prongs 1 and 2 are discussed in the NPRM. Comments on the proposed rulemaking were due on or before August 30, 2018. EPA received three comments that are not relevant to the proposed actions and one comment in support of the proposed actions. These comments can be found in the docket for these actions. --------------------------------------------------------------------------- \2\ EPA notes that the Agency may not have received the submissions until after the date of the cover letter. --------------------------------------------------------------------------- II. Final Action EPA is taking final action to approve the portions of the infrastructure SIP submissions transmitted under cover letter by: Alabama (dated December 9, 2015); Florida (dated December 14, 2015); Georgia (dated December 14, 2015); Kentucky (dated February 8, 2016); Mississippi (dated December 8, 2015); North Carolina (dated December 4, 2015); South Carolina (dated December 14, 2015); and Tennessee (dated December 16, 2015) addressing prongs 1 and 2 of section 110(a)(2)(D)(i)(I) for the 2012 Annual PM2.5 NAAQS. EPA is taking final action to approve section 110(a)(2)(D)(i)(I) for the aforementioned infrastructure SIP submissions for the 2012 Annual PM2.5 NAAQS because the submissions are consistent with section 110 of the CAA. 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. These actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these actions:Are not significant regulatory actions 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); Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because SIP approvals are exempted under Executive Order 12866; Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Are 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.); Do 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); Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Are not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Do 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 SIPs subject to these actions, with the exception of the South Carolina SIP, are 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. With respect to the South Carolina SIP, EPA notes that the Catawba Indian Nation Reservation is located within South Carolina, and pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local environmental [[Page 48389]] laws and regulations apply to the Catawba Indian Nation and Reservation and are fully enforceable by all relevant state and local agencies and authorities.'' Thus, the South Carolina SIP applies to the Catawba Reservation; however, because the action related to South Carolina is not approving any specific rule into the South Carolina SIP, but rather finding that the State's already approved SIP meets certain CAA requirements, EPA has determined that there are no substantial direct effects on the Catawba Indian Nation. EPA has also determined that the action related to South Carolina's SIP will not impose any substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 26, 2018. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Particulate matter, Volatile organic compounds. Dated: September 13, 2018. 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 B--Alabama 0 2. Section 52.50(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.50 Identification of plan. * * * * * (e) * * * EPA-Approved Alabama Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 9/25/2018, [Insert Addressing Prongs 1 Requirements for the 2012 Annual citation of and 2 of section PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- Subpart K--Florida 0 3. Section 52.520(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 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 effective EPA approval Federal Register Provision date date notice Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 10/15/2015......... 9/25/2018 [Insert citation of Addressing Prongs 1 Requirements for the 2012 Annual publication]. and 2 of section PM2.5 NAAQS. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- Subpart L--Georgia 0 4. Section 52.570(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * [[Page 48390]] EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Georgia............ 12/14/2015 9/25/2018, [Insert Addressing Prongs 1 Requirements for the 2012 Annual citation of and 2 of section PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- Subpart S--Kentucky 0 5. Section 52.920(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * EPA-Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 9/25/2018, [Insert Addressing Prongs 1 Requirements for the 2012 Annual citation of and 2 of section PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- * * * * * Subpart Z--Mississippi 0 6. Section 52.1270(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.1270 Identification of plan. * * * * * (e) * * * EPA-Approved Mississippi Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Mississippi........ 12/8/2015 9/25/2018, [Insert Addressing Prongs 1 Requirements for the 2012 Annual citation of and 2 of section PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- Subpart II--North Carolina 0 7. Section 52.1770(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.1770 Identification of plan. * * * * * (e) * * * EPA-Approved North Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State effective EPA approval Federal Register Provision date date citation Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 12/4/2015.......... 9/25/2018 [Insert citation of Addressing Prongs 1 Requirements for the 2012 Annual publication]. and 2 of section PM2.5 NAAQS. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- Subpart PP--South Carolina 0 8. Section 52.2120(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.2120 Identification of plan. * * * * * (e) * * * [[Page 48391]] ---------------------------------------------------------------------------------------------------------------- State Provision effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 12/14/2015 9/25/2018, [Insert Addressing Prongs 1 and 2 Requirements for the 2012 Annual PM2.5 citation of publication].. of section NAAQS. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- Subpart RR--Tennessee 0 9. Section 52.2220(e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'' at the end of the table 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) Infrastructure Tennessee.......... 11/19/2015 9/25/2018, [Insert Addressing Prongs 1 Requirements for the 2012 Annual citation of and 2 of section PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I) only. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-20728 Filed 9-24-18; 8:45 am] BILLING CODE 6560-50-P
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Incorporation by reference, PART 52—APPROVAL AND § 52.1520 Identification of plan.
Intergovernmental relations, Lead, PROMULGATION OF * * * * *
Nitrogen dioxide, Ozone, Particulate IMPLEMENTATION PLANS (c) * * *
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile ■ 1. The authority citation for part 52
organic compounds. continues to read as follows:
Dated: September 17, 2018. Authority: 42 U.S.C. 7401 et seq.
Alexandra Dunn,
Subpart EE—New Hampshire
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the ■ 2. In § 52.1520, the table in paragraph
Code of Federal Regulations is amended (c) is amended by revising the entry for
as follows: ‘‘Saf-C 3200’’ to read as follows:
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approval date 1 Explanations
date
* * * * * * *
Saf-C 3200 ..................... Official Motor Vehicle 01/06/2016 9/25/2018, [Insert Fed- Amends Saf-C sections 3202, 3203, 3204,
Inspection Require- eral Register cita- 3205, 3206.04, 3207.01, 3209, 3210, 3218,
ments. tion]. 3220, 3222, and 3248; and approves Saf-C
3219.
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * infrastructure SIPs for the through Friday 8:30 a.m. to 4:30 p.m.,
[FR Doc. 2018–20743 Filed 9–24–18; 8:45 am] aforementioned states as demonstrating excluding Federal holidays.
BILLING CODE 6560–50–P that air emissions in the states do not FOR FURTHER INFORMATION CONTACT:
significantly contribute to Richard Wong, Air Regulatory
nonattainment or interfere with Management Section, Air Planning and
ENVIRONMENTAL PROTECTION maintenance of the 2012 PM2.5 NAAQS Implementation Branch, Air, Pesticides
AGENCY in any other state. and Toxics Management Division,
DATES:This rule will be effective Region 4, U.S. Environmental Protection
40 CFR Part 52
October 25, 2018. Agency, 61 Forsyth Street SW, Atlanta,
[EPA–R04–OAR–2016–0334; FRL–9984– Georgia 30303–8960. Mr. Wong can be
36—Region 4] ADDRESSES: EPA has established a reached by telephone at (404) 562–8726
docket for these actions under Docket or via electronic mail at wong.richard@
Air Plan Approval; AL, FL, GA, KY, MS, Identification No. EPA–R04–OAR– epa.gov.
NC, SC, TN; Interstate Transport for 2016–0334. All documents in the docket SUPPLEMENTARY INFORMATION:
the 2012 PM2.5 NAAQS are listed on the www.regulations.gov
website. Although listed in the index, I. Background
AGENCY: Environmental Protection
Agency (EPA). some information may not be publicly On December 14, 2012, EPA revised
ACTION: Final rule. available, i.e., Confidential Business the primary Annual PM2.5 NAAQS to
Information or other information whose 12.0 micrograms per cubic meter (mg/
SUMMARY: The Environmental Protection disclosure is restricted by statute. m3). See 78 FR 3086 (January 15, 2013).
Agency (EPA) is taking final action to Certain other material, such as An area meets the standard if the three-
approve portions of State copyrighted material, is not placed on year average of its annual average PM2.5
Implementation Plan (SIP) submissions the internet and will be publicly concentration (at each monitoring site in
from Alabama, Florida, Georgia, available only in hard copy form. the area) is less than or equal to 12.0 mg/
Kentucky, Mississippi, North Carolina, Publicly available docket materials are m3. States were required to submit
South Carolina, and Tennessee available either electronically through infrastructure SIP submissions for the
addressing the Clean Air Act (CAA or www.regulations.gov or in hard copy at 2012 Annual PM2.5 NAAQS to EPA no
Act) interstate transport infrastructure the Air Regulatory Management Section, later than December 14, 2015.
SIP requirements for the 2012 Fine Air Planning and Implementation CAA section 110(a)(1) requires states
Particulate Matter (PM2.5) National Branch, Air, Pesticides and Toxics to submit SIP revisions within three
Ambient Air Quality Standards Management Division, U.S. years after promulgation of a new or
(NAAQS). The CAA requires that each Environmental Protection Agency, revised NAAQS in order to provide for
state adopt and submit a SIP for the Region 4, 61 Forsyth Street SW, Atlanta, the implementation, maintenance, and
daltland on DSKBBV9HB2PROD with RULES
implementation, maintenance, and Georgia 30303–8960. EPA requests that enforcement of the new or revised
enforcement of each NAAQS if at all possible, you contact the person NAAQS. CAA section 110(a)(2) outlines
promulgated by EPA, commonly listed in the FOR FURTHER INFORMATION the applicable requirements of such SIP
referred to as an ‘‘infrastructure SIP.’’ CONTACT section to schedule your submissions, which EPA has
EPA is taking final action to approve the inspection. The Regional Office’s historically referred to as ‘‘infrastructure
interstate transport portions of these official hours of business are Monday SIP’’ submissions. Section 110(a)(2)
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laws and regulations apply to the report containing this action and other Incorporation by reference,
Catawba Indian Nation and Reservation required information to the U.S. Senate, Intergovernmental relations, Particulate
and are fully enforceable by all relevant the U.S. House of Representatives, and matter, Volatile organic compounds.
state and local agencies and the Comptroller General of the United
Dated: September 13, 2018.
authorities.’’ Thus, the South Carolina States prior to publication of the rule in
the Federal Register. A major rule Onis ‘‘Trey’’ Glenn, III,
SIP applies to the Catawba Reservation;
however, because the action related to cannot take effect until 60 days after it Regional Administrator, Region 4.
South Carolina is not approving any is published in the Federal Register.
This action is not a ‘‘major rule’’ as 40 CFR part 52 is amended as follows:
specific rule into the South Carolina
SIP, but rather finding that the State’s defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND
already approved SIP meets certain PROMULGATION OF
CAA requirements, EPA has determined petitions for judicial review of this
action must be filed in the United States IMPLEMENTATION PLANS
that there are no substantial direct
effects on the Catawba Indian Nation. Court of Appeals for the appropriate
circuit by November 26, 2018. Filing a ■ 1. The authority citation for part 52
EPA has also determined that the action
petition for reconsideration by the continues to read as follows:
related to South Carolina’s SIP will not
impose any substantial direct costs on Administrator of this final rule does not Authority: 42.U.S.C. 7401 et seq.
tribal governments or preempt tribal affect the finality of this action for the
law. purposes of judicial review nor does it Subpart B—Alabama
extend the time within which a petition
The Congressional Review Act, 5 for judicial review may be filed, and ■ 2. Section 52.50(e) is amended by
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of
Business Regulatory Enforcement adding the entry ‘‘110(a)(1) and (2)
such rule or action. This action may not Infrastructure Requirements for the 2012
Fairness Act of 1996, generally provides be challenged later in proceedings to
that before a rule may take effect, the Annual PM2.5 NAAQS’’ at the end of the
enforce its requirements. See section
agency promulgating the rule must table to read as follows:
307(b)(2).
submit a rule report, which includes a § 52.50 Identification of plan.
copy of the rule, to each House of the List of Subjects in 40 CFR Part 52
Congress and to the Comptroller General Environmental protection, Air * * * * *
of the United States. EPA will submit a pollution control, Carbon monoxide, (e) * * *
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
State submittal
Name of nonregulatory SIP Applicable geographic or date/effective EPA approval date Explanation
provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/9/2015 9/25/2018, [Insert citation of Addressing Prongs 1 and 2 of
ture Requirements for the publication]. section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
Subpart K—Florida Infrastructure Requirements for the 2012 § 52.520 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
■ 3. Section 52.520(e) is amended by table to read as follows:
adding the entry ‘‘110(a)(1) and (2) (e) * * *
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
EPA approval
Provision State effective date Federal Register notice Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastruc- 10/15/2015 ............................. 9/25/2018 [Insert citation of publication] Addressing Prongs 1 and 2 of
ture Requirements for the section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
Subpart L—Georgia Infrastructure Requirements for the 2012 § 52.570 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
■ 4. Section 52.570(e) is amended by table to read as follows: (e) * * *
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adding the entry ‘‘110(a)(1) and (2)
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![48390 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State submittal
Name of nonregulatory Applicable geographic or date/effective EPA approval date Explanation
SIP provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Georgia .................................. 12/14/2015 9/25/2018, [Insert citation of Addressing Prongs 1 and 2 of
ture Requirements for the publication]. section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
Subpart S—Kentucky Infrastructure Requirements for the 2012 § 52.920 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
■ 5. Section 52.920(e) is amended by table to read as follows:
adding the entry ‘‘110(a)(1) and (2) (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State submittal
Name of non-regulatory Applicable geographic or date/effective EPA approval date Explanations
SIP provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Kentucky ................................ 2/8/2016 9/25/2018, [Insert citation of Addressing Prongs 1 and 2 of
ture Requirements for the publication]. section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
* * * * * Infrastructure Requirements for the 2012 § 52.1270 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
Subpart Z—Mississippi table to read as follows: (e) * * *
■ 6. Section 52.1270(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
State submittal
Name of non-regulatory Applicable geographic or date/effective EPA approval date Explanation
SIP provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Mississippi .............................. 12/8/2015 9/25/2018, [Insert citation of Addressing Prongs 1 and 2 of
ture Requirements for the publication]. section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
Subpart II—North Carolina Infrastructure Requirements for the 2012 § 52.1770 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
■ 7. Section 52.1770(e) is amended by table to read as follows:
adding the entry ‘‘110(a)(1) and (2) (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
EPA approval
Provision State effective date Federal Register citation Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastruc- 12/4/2015 ............................... 9/25/2018 [Insert citation of publication] Addressing Prongs 1 and 2 of
ture Requirements for the section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
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Subpart PP—South Carolina Infrastructure Requirements for the 2012 § 52.2120 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
■ 8. Section 52.2120(e) is amended by table to read as follows:
adding the entry ‘‘110(a)(1) and (2) (e) * * *
VerDate Sep<11>2014 16:30 Sep 24, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1](https://thefederalregister.org/doc/83_FR_48573/page/4.svg)
![Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations 48391
State effective
Provision EPA approval date Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastructure Require- 12/14/2015 9/25/2018, [Insert citation of publication]. Addressing Prongs 1 and 2 of section
ments for the 2012 Annual PM2.5 110(a)(2)(D)(i)(I) only.
NAAQS.
Subpart RR—Tennessee Infrastructure Requirements for the 2012 § 52.2220 Identification of plan.
Annual PM2.5 NAAQS’’ at the end of the * * * * *
■ 9. Section 52.2220(e) is amended by table to read as follows:
adding the entry ‘‘110(a)(1) and (2) (e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory Applicable geographic or State effective EPA approval date Explanation
SIP provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Tennessee ............................. 11/19/2015 9/25/2018, [Insert citation of Addressing Prongs 1 and 2 of
ture Requirements for the publication]. section 110(a)(2)(D)(i)(I)
2012 Annual PM2.5 NAAQS. only.
[FR Doc. 2018–20728 Filed 9–24–18; 8:45 am] DATES: This action is effective air travel. These comments are not
BILLING CODE 6560–50–P September 25, 2018. germane to the proposed ruling. A
ADDRESSES: Docket: EPA has established responsiveness summary was prepared
a docket for this action under Docket and placed in both the docket, EPA–
ENVIRONMENTAL PROTECTION Identification No. EPA–HQ–SFUND– HQ–SFUND–2002–0001, on
AGENCY 2002–0001. All documents in the docket www.regulations.gov, and in the local
are listed on the http:// repositories listed above.
40 CFR Part 300 EPA maintains the NPL as the list of
www.regulations.gov website. Although
listed in the index, some information is sites that appear to present a significant
[EPA–HQ–SFUND–2002–0001; FRL–9984– not publicly available, i.e., Confidential risk to public health, welfare, or the
46—Region 8] Business Information or other environment. Deletion from the NPL
information whose disclosure is does not preclude further remedial
National Oil and Hazardous action. Whenever there is a significant
restricted by statute. Certain other
Substances Pollution Contingency release from a site deleted from the NPL,
material, such as copyrighted material,
Plan; National Priorities List: Deletion the deleted site may be restored to the
is not placed on the internet and will be
of the Eureka Mills Superfund Site NPL without application of the hazard
publicly available only in hard copy
AGENCY: Environmental Protection form. ranking system. Deletion of a site from
Agency (EPA). Publicly available docket materials the NPL does not affect responsible
are available either electronically in party liability in the unlikely event that
ACTION: Final rule. future conditions warrant further
http://www.regulations.gov or in hard
copy at: Eureka City Hall, 255 W Main actions.
SUMMARY: The Environmental Protection
Agency (EPA) Region 8 announces the Street, Eureka, UT 84628; Phone: 435– List of Subjects in 40 CFR Part 300
deletion of the Eureka Mills Superfund 433–6915; Hours: M–Fri: 8:30 a.m.–5:00
p.m. Environmental protection, Air
Site (Site) located in Eureka, Utah, from pollution control, Chemicals, Hazardous
the National Priorities List (NPL). The FOR FURTHER INFORMATION CONTACT:
Armando Saenz, Remedial Project waste, Hazardous substances,
NPL, promulgated pursuant to section Intergovernmental relations, Penalties,
105 of the Comprehensive Manager, U.S. Environmental Protection
Agency, Region 8, EPR–SR, Denver, CO Reporting and recordkeeping
Environmental Response, requirements, Superfund, Water
Compensation, and Liability Act 80202, (303) 312–6559, email:
saenz.armando@epa.gov. pollution control, Water supply.
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and SUPPLEMENTARY INFORMATION: The site to Dated: September 17, 2018.
Hazardous Substances Pollution be deleted from the NPL is: Eureka Mills Douglas H. Benevento,
Contingency Plan (NCP). The EPA and Superfund Site, Eureka, Utah. A Notice Regional Administrator, Region 8.
the State of Utah, through the Utah of Intent to Delete for this Site was For reasons set out in the preamble,
Department of Environmental Quality published in the Federal Register (83 40 CFR part 300 is amended as follows:
(UDEQ), have determined that all FR 38672–38675) on August 7, 2018.
daltland on DSKBBV9HB2PROD with RULES
appropriate response actions under The closing date for comments on the PART 300—NATIONAL OIL AND
CERCLA, other than operation and Notice of Intent to Delete was HAZARDOUS SUBSTANCES
maintenance and five-year reviews, September 6, 2018. Two comments were POLLUTION CONTINGENCY PLAN
have been completed. However, this received. One comment discusses air
deletion does not preclude future pollution and air monitoring in China ■ 1. The authority citation for part 300
actions under Superfund. and India. The other comment is about continues to read as follows:
VerDate Sep<11>2014 16:30 Sep 24, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1](https://thefederalregister.org/doc/83_FR_48573/page/5.svg)
Document Created: 2018-09-25 00:21:42
Document Modified: 2018-09-25 00:21:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 25, 2018. | |
| Contact | Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Wong can be reached by telephone at (404) 562-8726 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 48387 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Volatile Organic Compounds |
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