Approval and Promulgation of Implementation Plans; Region 4 States; Prong 3 of Section 110(a)(2)(D)(i) Infrastructure Requirement for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 18241-18244 [2013-06646]
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
77 FR 59354, the direct final rule
became effective on November 26, 2012,
because no significant adverse
comments were received within the
comment period. In a companion
document in this issue of the Federal
Register, VA is withdrawing the
proposed rulemaking, RIN 2900–AO37,
published at 77 FR 59354, as
unnecessary.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on March 20, 2013 for
publication.
Dated: March 21, 2013.
Robert C. McFetridge,
Director of Regulation Policy and
Management, Office of General Counsel,
Department of Veterans Affairs.
SUPPLEMENTARY INFORMATION:
EPA is
withdrawing the January 31, 2013 (78
FR 6733), direct final rule approving a
revision to the the Minnesota sulfur
dioxide SIP for Flint Hills Resources
Pine Bend, LLC, in Dakota County. In
the direct final rule, EPA stated that if
adverse comments were received by
March 4, 2013, the rule would be
withdrawn and not take effect. On
February 5, 2013, EPA received a
comment, which it interprets as adverse
and, therefore, EPA is withdrawing the
direct final rule. EPA will address the
comment in a subsequent final action
based upon the proposed rulemaking
action, also published on January 31,
2013 (78 FR 6783). EPA will not
institute a second comment period on
this action.
National Ambient Air Quality Standards
(NAAQS) infrastructure SIPs. The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. EPA is
conditionally approving the
submissions for Kentucky, North
Carolina and Tennessee that relate to
adequate provisions prohibiting
emissions that interfere with any other
state’s required measures to prevent
significant deterioration of its air
quality. All other applicable
infrastructure requirements for the 1997
annual and 2006 24-hour PM2.5 NAAQS
associated with these States have been
addressed in separate rulemakings.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
DATES:
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–06828 Filed 3–25–13; 8:45 am]
BILLING CODE 8320–01–P
PART 52—[AMENDED]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0328; FRL–9792–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota; Flint Hills Resources Pine
Bend
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, EPA is withdrawing
the January 31, 2013, direct final rule
approving a revision to the Minnesota
State Implementation Plan (SIP). EPA
will address the comment in a
subsequent final action based upon the
proposed rulemaking action, also
published on January 31, 2013. EPA will
not institute a second comment period
on this action.
DATES: The direct final rule published at
78 FR 6733 on January 31, 2013, is
withdrawn as of March 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Mary Portanova, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–5954,
portanova.mary@epa.gov.
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SUMMARY:
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Accordingly, the amendment to 40
CFR 52.1220 published in the Federal
Register on January 31, 2013 (78 FR
6733) on pages 6735–6736 is withdrawn
as of March 26, 2013.
[FR Doc. 2013–06652 Filed 3–25–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0814; FRL–9792–2]
Approval and Promulgation of
Implementation Plans; Region 4
States; Prong 3 of Section
110(a)(2)(D)(i) Infrastructure
Requirement for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
conditionally approve submissions from
Kentucky, North Carolina and
Tennessee for inclusion into each State
Implementation Plan (SIP). This action
addresses the Clean Air Act (CAA or
Act) requirements pertaining to
prevention of significant deterioration
(PSD) for the 1997 annual and 2006 24hour fine particulate matter (PM2.5)
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This rule will be effective April
25, 2013.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0814. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not 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 Regulatory Development Section,
Air Planning 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
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II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
PM2.5 NAAQS. On December 5, 2012,
EPA proposed to conditionally approve
Kentucky, North Carolina and
Tennessee’s submissions addressing
section 110(a)(2)(D)(i)(II) related to PSD.
A summary of the background for
today’s final action is provided below.
See EPA’s December 5, 2012, proposed
rulemaking (77 FR 72291) for more
detail.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. The data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 annual and 2006
24-hour PM2.5 NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
earlier SIP submissions in connection
with previous PM NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
already mentioned, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. However, in this action,
EPA is only addressing element
110(a)(2)(D)(i)(II) as it relates to PSD
requirements.
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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
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 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
interfering with measures required to
prevent significant deterioration of air
quality in another state (‘‘prong 3’’), or
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.
In previous actions, EPA has already
addressed Kentucky, North Carolina and
Tennessee’s SIP submissions related to
sections 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(ii) for the 1997 annual and
2006 24-hour PM2.5 NAAQS. Today’s
final conditional approval relates only
to the requirements of section
110(a)(2)(D)(i), prong 3, which as
previously described, requires that the
SIP contain adequate provisions
prohibiting emissions that interfere with
any other state’s required measures to
prevent significant deterioration of its
air quality. More information on this
requirement and EPA’s rationale for
today’s conditional approval of this
requirement for purposes of the 1997
annual and 2006 24-hour PM2.5 NAAQS
is provided below.
II. This Action
On July 3, 2012, and July 10, 2012,
respectively, Kentucky and North
Carolina submitted commitment letters
to EPA requesting conditional approval
of outstanding PSD requirements related
to the New Source Review (NSR) PM2.5
Rule and the PM2.5 PSD Increment—
Significant Impact Levels (SILs)—
Significant Monitoring Concentration
(SMC) Rule. EPA determined that these
letters of commitment met the
requirements of section 110(k)(4) of the
CAA, and accordingly, EPA
conditionally approved the NSR PM2.5
Rule and PM2.5 PSD Increment-SILsSMC Rule submission for Kentucky on
October 3, 2012, (77 FR 60307) and the
submission for North Carolina on
October 16, 2012 (77 FR 63234). EPA is
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relying upon these commitments to
address the NSR PM2.5 Rule and the
PM2.5 PSD Increment-SILs-SMC Rule
(only as it relates to PM2.5 increments)
as the basis for conditionally approving
Kentucky and North Carolina’s
infrastructure SIPs as they relate to
prong 3 of section 110(a)(2)(D)(i). If
Kentucky fails to submit the revisions
described in its July 3, 2012,
commitment letter by October 3, 2013,
today’s conditional approval of prong 3
for Kentucky will automatically become
a disapproval, and EPA will issue a
finding of disapproval. Likewise, if
North Carolina fails to submit the
revisions described in its July 10, 2012,
commitment letter by October 16, 2013,
today’s conditional approval of prong 3
for North Carolina will automatically
become a disapproval, and EPA will
issue a finding of disapproval. EPA is
not required to propose the finding of
disapproval. If either conditional
approval is converted to a disapproval,
that final disapproval would trigger the
Federal Implementation Plan (FIP)
requirement under section 110(c).
However, if the State meets its
commitment within the applicable
timeframe, the conditionally approved
submission will remain a part of the SIP
until EPA takes final action on the
submittals.
On October 4, 2012, Tennessee
submitted a commitment letter to EPA
requesting conditional approval of
specific enforceable measures related to
prong 3 of section 110(a)(2)(D)(i);
specifically, the applicable requirements
of the PM2.5 PSD Increment-SILs-SMC
Rule (only as it relates to PM2.5
increments). Consistent with section
110(k)(4) of the Act, EPA is relying upon
this commitment by Tennessee to
address the PM2.5 PSD Increment-SILsSMC Rule (only as it relates to PM2.5
increments) as the basis for
conditionally approving Tennessee’s
infrastructure SIP as it relates to prong
3 of section 110(a)(2)(D)(i). If Tennessee
fails to submit these revisions by March
6, 2014, today’s conditional approval
will automatically become a disapproval
on that date and EPA will issue a
finding of disapproval. EPA is not
required to propose the finding of
disapproval. If the conditional approval
is converted to a disapproval, the final
disapproval triggers the FIP requirement
under section 110(c). However, if the
State meets its commitment within the
applicable timeframe, the conditionally
approved submission will remain a part
of the SIP until EPA takes final action
approving or disapproving the new
submittal.
EPA received one comment on its
December 5, 2012, proposed rulemaking
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
to conditionally approve Kentucky,
North Carolina and Tennessee’s SIP
submissions as meeting the section
110(a)(2)(D)(i)(II) requirements of the
CAA for the 1997 annual and 2006 24hour PM2.5 NAAQS. The Commenter
wanted ‘‘to congratulate EPA workers
for trying to decrease particles and
increase the public’s health.’’ This
comment does not appear to be related
to the issues presented in the proposed
rulemaking, and instead, appears related
to a wholly separate topic—
promulgation of the PM NAAQS. EPA
does not interpret this comment as
relevant to the topic of EPA’s December
5, 2012, proposed action. Instead, EPA
interprets this comment as off-topic and
outside of the scope of today’s final
rulemaking.
EPA notes that on January 4, 2013, the
U.S. Court of Appeals, in Natural
Resources Defense Council v. EPA, No.
08–1250, 2013 WL 45653 (D.C. Cir.,
filed July 15, 2008) (consolidated with
09–1102, 11–1430), issued a judgment
that remanded EPA’s 2007 and 2008
rules implementing the 1997 PM2.5
NAAQS. The court ordered EPA to
‘‘repromulgate these rules pursuant to
Subpart 4 consistent with this opinion.’’
Id. at *8. Subpart 4 of Part D, Title 1 of
the CAA establishes additional
provisions for particulate matter
nonattainment areas.
The 2008 implementation rule (NSR
PM2.5 Rule) addressed by the court
decision promulgated NSR requirements
for implementation of PM2.5 in both
nonattainment areas (nonattainment
NSR) and attainment/unclassifiable
areas (PSD). See 73 FR 28321 (May 16,
2008). As the requirements of Subpart 4
only pertain to nonattainment areas,
EPA does not consider the portions of
the 2008 rule that address requirements
for PM2.5 attainment and unclassifiable
areas to be affected by the court’s
opinion. Moreover, EPA does not
anticipate the need to revise any PSD
requirements promulgated in the 2008
rule in order to comply with the court’s
decision. Accordingly, EPA’s actions for
the Kentucky, North Carolina and
Tennessee infrastructure SIPs as related
to element (D)(i)(II) with respect to the
PSD requirements promulgated by the
2008 implementation rule does not
conflict with the court’s opinion.
The court’s decision with respect to
the nonattainment NSR requirements
promulgated by the 2008
implementation rule also does not affect
EPA’s action on the present
infrastructure action. EPA interprets the
Act to exclude nonattainment area
requirements, including requirements
associated with a nonattainment NSR
program, from infrastructure SIP
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submissions due 3 years after adoption
or revision of a NAAQS. Instead, these
elements are typically referred to as
nonattainment SIP or attainment plan
elements, which would be due by the
dates statutorily prescribed under
subpart 2 through 5 under part D,
extending as far as 10 years following
designations for some elements.
Once the above-described specific
enforceable measures related to the
PM2.5 Rule and the PM2.5 PSD
Increment-SILs-SMC Rule (only as it
relates to PM2.5 increments) have been
adopted into the respective SIPs of
Kentucky, North Carolina and
Tennessee, the infrastructure SIPs for
these states will adequately address
applicable requirements of section
110(a)(2)(D)(i), prong 3 for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
EPA has determined that Kentucky,
North Carolina and Tennessee’s
submissions, in conjunction with the
above-described revisions, are
consistent with section 110 of the CAA.
III. Final Action
As described above, EPA is
conditionally approving the SIP
submissions for Kentucky, North
Carolina and Tennessee as addressing
prong 3 of section 110(a)(2)(D)(i) of the
CAA for both the 1997 and 2006 PM2.5
NAAQS.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
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 Commonwealth law.
For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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
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18243
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian
country, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 28, 2013. 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
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate Matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 11, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.919 is amended by
adding paragraph (c) to read as follows:
■
§ 52.919 Identification of plan-conditional
approval.
*
*
*
*
*
(c) Kentucky submitted a commitment
letter to EPA on July 3, 2012, requesting
conditional approval of outstanding
requirements related to the NSR PM2.5
Rule. In this letter, the Commonwealth
provided a schedule as to how it will
address outstanding requirements
related to the NSR PM2.5 Rule (including
PM2.5 PSD Increment-SILs-SMC, as it
relates to PM2.5 increments to meet the
prong 3 requirements of section
110(a)(2)(D)(i)). EPA conditionally
approved the NSR PM2.5 Rule
submission for Kentucky on October 3,
2012, (77 FR 60307). If the
Commonwealth fails to submit these
revisions by October 3, 2013, the
conditional approval will automatically
become a disapproval on that date and
EPA will issue a finding of disapproval.
outstanding requirements related to the
NSR PM2.5 Rule. In this letter, North
Carolina provided a schedule as to how
it will address outstanding requirements
related to the NSR PM2.5 Rule (including
PM2.5 PSD Increment-SILs-SMC, as it
relates to PM2.5 increments to meet the
prong 3 requirements of section
110(a)(2)(D)(i)). EPA conditionally
approved the NSR PM2.5 Rule
submission for North Carolina on
October 16, 2012, (77 FR 63234). If the
North Carolina fails to submit these
revisions by October 16, 2013, the
conditional approval will automatically
become a disapproval on that date and
EPA will issue a finding of disapproval.
SUMMARY: EPA is finalizing approval of
revisions to the South Coast Air Quality
Management District (SCAQMD) portion
of the California State Implementation
Plan (SIP). This action was proposed in
the Federal Register on November 7,
2012 and concerns volatile organic
compound (VOC) emissions from
architectural coatings. We are approving
a local rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act).
Subpart RR—Tennessee
enforce its requirements. See section
307(b)(2).
ADDRESSES:
ACTION:
DATES:
Final rule.
This rule is effective on April 25,
2013.
EPA has established docket
number EPA–R09–OAR–2012–0827 for
■ 4. Section 52.2219 is amended by
this action. Generally, documents in the
revising paragraph (e) to read as follows: docket for this action are available
electronically at https://
§ 52.2219 Conditional Approval.
www.regulations.gov or in hard copy at
*
*
*
*
*
(e) Conditional Approval. On October EPA Region IX, 75 Hawthorne Street,
San Francisco, California 94105–3901.
4, 2012, Tennessee submitted a
While all documents in the docket are
commitment letter to EPA requesting
conditional approval of specific
listed at https://www.regulations.gov,
enforceable measures related to prong 3 some information may be publicly
of section 110(a)(2)(D)(i); specifically,
available only at the hard copy location
the PM2.5 PSD Increment-SILs-SMC Rule (e.g., copyrighted material, large maps,
(only as it relates to PM2.5 increments)
multi-volume reports), and some may
for the 1997 annual and 2006 24-hour
not be available in either location (e.g.,
fine particulate matter (PM2.5) national
confidential business information
ambient air quality standards. EPA is
(CBI)). To inspect the hard copy
conditionally approving Tennessee’s
materials, please schedule an
commitment to address outstanding
appointment during normal business
requirements promulgated in the PM2.5
hours with the contact listed in the FOR
PSD Increment-SILs-SMC Rule (only as
FURTHER INFORMATION CONTACT section.
it relates to PM2.5 increments). If
Tennessee fails to submit these
FOR FURTHER INFORMATION CONTACT:
revisions by March 6, 2014, the
Nicole Law, EPA Region IX, (415) 947–
conditional approval will automatically 4126, law.nicole@epa.gov.
become a disapproval on that date and
EPA will issue a finding of disapproval. SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
[FR Doc. 2013–06646 Filed 3–25–13; 8:45 am]
and ‘‘our’’ refer to EPA.
BILLING CODE 6560–50–P
Table of Contents
40 CFR Part 52
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
[EPA–R09–OAR–2012–0827; FRL–9785–6]
I. Proposed Action
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
On November 7, 2012 (77 FR 66780),
EPA proposed to approve the following
rule into the California SIP.
ENVIRONMENTAL PROTECTION
AGENCY
Subpart II—North Carolina
3. Section 52.1773 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1773
Conditional Approval.
*
*
*
*
(c) North Carolina submitted a
commitment letter to EPA on July 10,
2012, requesting conditional approval of
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]]>Agencies
[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18241-18244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06646]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0814; FRL-9792-2]
Approval and Promulgation of Implementation Plans; Region 4
States; Prong 3 of Section 110(a)(2)(D)(i) Infrastructure Requirement
for the 1997 and 2006 Fine Particulate Matter National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to conditionally approve
submissions from Kentucky, North Carolina and Tennessee for inclusion
into each State Implementation Plan (SIP). This action addresses the
Clean Air Act (CAA or Act) requirements pertaining to prevention of
significant deterioration (PSD) for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS) infrastructure SIPs. The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure'' SIP. EPA is conditionally
approving the submissions for Kentucky, North Carolina and Tennessee
that relate to adequate provisions prohibiting emissions that interfere
with any other state's required measures to prevent significant
deterioration of its air quality. All other applicable infrastructure
requirements for the 1997 annual and 2006 24-hour PM2.5
NAAQS associated with these States have been addressed in separate
rulemakings.
DATES: This rule will be effective April 25, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0814. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not 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 Regulatory Development Section, Air Planning 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: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
[[Page 18242]]
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour
PM2.5 NAAQS. On December 5, 2012, EPA proposed to
conditionally approve Kentucky, North Carolina and Tennessee's
submissions addressing section 110(a)(2)(D)(i)(II) related to PSD. A
summary of the background for today's final action is provided below.
See EPA's December 5, 2012, proposed rulemaking (77 FR 72291) for more
detail.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. However, in this action, EPA
is only addressing element 110(a)(2)(D)(i)(II) as it relates to PSD
requirements.
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 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 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 interfering with measures required to
prevent significant deterioration of air quality in another state
(``prong 3''), or 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.
In previous actions, EPA has already addressed Kentucky, North
Carolina and Tennessee's SIP submissions related to sections
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii) for the 1997 annual and 2006
24-hour PM2.5 NAAQS. Today's final conditional approval
relates only to the requirements of section 110(a)(2)(D)(i), prong 3,
which as previously described, requires that the SIP contain adequate
provisions prohibiting emissions that interfere with any other state's
required measures to prevent significant deterioration of its air
quality. More information on this requirement and EPA's rationale for
today's conditional approval of this requirement for purposes of the
1997 annual and 2006 24-hour PM2.5 NAAQS is provided below.
II. This Action
On July 3, 2012, and July 10, 2012, respectively, Kentucky and
North Carolina submitted commitment letters to EPA requesting
conditional approval of outstanding PSD requirements related to the New
Source Review (NSR) PM2.5 Rule and the PM2.5 PSD
Increment--Significant Impact Levels (SILs)--Significant Monitoring
Concentration (SMC) Rule. EPA determined that these letters of
commitment met the requirements of section 110(k)(4) of the CAA, and
accordingly, EPA conditionally approved the NSR PM2.5 Rule
and PM2.5 PSD Increment-SILs-SMC Rule submission for
Kentucky on October 3, 2012, (77 FR 60307) and the submission for North
Carolina on October 16, 2012 (77 FR 63234). EPA is relying upon these
commitments to address the NSR PM2.5 Rule and the
PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to
PM2.5 increments) as the basis for conditionally approving
Kentucky and North Carolina's infrastructure SIPs as they relate to
prong 3 of section 110(a)(2)(D)(i). If Kentucky fails to submit the
revisions described in its July 3, 2012, commitment letter by October
3, 2013, today's conditional approval of prong 3 for Kentucky will
automatically become a disapproval, and EPA will issue a finding of
disapproval. Likewise, if North Carolina fails to submit the revisions
described in its July 10, 2012, commitment letter by October 16, 2013,
today's conditional approval of prong 3 for North Carolina will
automatically become a disapproval, and EPA will issue a finding of
disapproval. EPA is not required to propose the finding of disapproval.
If either conditional approval is converted to a disapproval, that
final disapproval would trigger the Federal Implementation Plan (FIP)
requirement under section 110(c). However, if the State meets its
commitment within the applicable timeframe, the conditionally approved
submission will remain a part of the SIP until EPA takes final action
on the submittals.
On October 4, 2012, Tennessee submitted a commitment letter to EPA
requesting conditional approval of specific enforceable measures
related to prong 3 of section 110(a)(2)(D)(i); specifically, the
applicable requirements of the PM2.5 PSD Increment-SILs-SMC
Rule (only as it relates to PM2.5 increments). Consistent
with section 110(k)(4) of the Act, EPA is relying upon this commitment
by Tennessee to address the PM2.5 PSD Increment-SILs-SMC
Rule (only as it relates to PM2.5 increments) as the basis
for conditionally approving Tennessee's infrastructure SIP as it
relates to prong 3 of section 110(a)(2)(D)(i). If Tennessee fails to
submit these revisions by March 6, 2014, today's conditional approval
will automatically become a disapproval on that date and EPA will issue
a finding of disapproval. EPA is not required to propose the finding of
disapproval. If the conditional approval is converted to a disapproval,
the final disapproval triggers the FIP requirement under section
110(c). However, if the State meets its commitment within the
applicable timeframe, the conditionally approved submission will remain
a part of the SIP until EPA takes final action approving or
disapproving the new submittal.
EPA received one comment on its December 5, 2012, proposed
rulemaking
[[Page 18243]]
to conditionally approve Kentucky, North Carolina and Tennessee's SIP
submissions as meeting the section 110(a)(2)(D)(i)(II) requirements of
the CAA for the 1997 annual and 2006 24-hour PM2.5 NAAQS.
The Commenter wanted ``to congratulate EPA workers for trying to
decrease particles and increase the public's health.'' This comment
does not appear to be related to the issues presented in the proposed
rulemaking, and instead, appears related to a wholly separate topic--
promulgation of the PM NAAQS. EPA does not interpret this comment as
relevant to the topic of EPA's December 5, 2012, proposed action.
Instead, EPA interprets this comment as off-topic and outside of the
scope of today's final rulemaking.
EPA notes that on January 4, 2013, the U.S. Court of Appeals, in
Natural Resources Defense Council v. EPA, No. 08-1250, 2013 WL 45653
(D.C. Cir., filed July 15, 2008) (consolidated with 09-1102, 11-1430),
issued a judgment that remanded EPA's 2007 and 2008 rules implementing
the 1997 PM2.5 NAAQS. The court ordered EPA to
``repromulgate these rules pursuant to Subpart 4 consistent with this
opinion.'' Id. at *8. Subpart 4 of Part D, Title 1 of the CAA
establishes additional provisions for particulate matter nonattainment
areas.
The 2008 implementation rule (NSR PM2.5 Rule) addressed
by the court decision promulgated NSR requirements for implementation
of PM2.5 in both nonattainment areas (nonattainment NSR) and
attainment/unclassifiable areas (PSD). See 73 FR 28321 (May 16, 2008).
As the requirements of Subpart 4 only pertain to nonattainment areas,
EPA does not consider the portions of the 2008 rule that address
requirements for PM2.5 attainment and unclassifiable areas
to be affected by the court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated in the
2008 rule in order to comply with the court's decision. Accordingly,
EPA's actions for the Kentucky, North Carolina and Tennessee
infrastructure SIPs as related to element (D)(i)(II) with respect to
the PSD requirements promulgated by the 2008 implementation rule does
not conflict with the court's opinion.
The court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 implementation rule also does not
affect EPA's action on the present infrastructure action. EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due 3 years after adoption or
revision of a NAAQS. Instead, these elements are typically referred to
as nonattainment SIP or attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2 through 5 under part
D, extending as far as 10 years following designations for some
elements.
Once the above-described specific enforceable measures related to
the PM2.5 Rule and the PM2.5 PSD Increment-SILs-
SMC Rule (only as it relates to PM2.5 increments) have been
adopted into the respective SIPs of Kentucky, North Carolina and
Tennessee, the infrastructure SIPs for these states will adequately
address applicable requirements of section 110(a)(2)(D)(i), prong 3 for
the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA has
determined that Kentucky, North Carolina and Tennessee's submissions,
in conjunction with the above-described revisions, are consistent with
section 110 of the CAA.
III. Final Action
As described above, EPA is conditionally approving the SIP
submissions for Kentucky, North Carolina and Tennessee as addressing
prong 3 of section 110(a)(2)(D)(i) of the CAA for both the 1997 and
2006 PM2.5 NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 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
Commonwealth law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 28, 2013. 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
[[Page 18244]]
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, Particulate
Matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: March 11, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.919 is amended by adding paragraph (c) to read as
follows:
Sec. 52.919 Identification of plan-conditional approval.
* * * * *
(c) Kentucky submitted a commitment letter to EPA on July 3, 2012,
requesting conditional approval of outstanding requirements related to
the NSR PM2.5 Rule. In this letter, the Commonwealth
provided a schedule as to how it will address outstanding requirements
related to the NSR PM2.5 Rule (including PM2.5
PSD Increment-SILs-SMC, as it relates to PM2.5 increments to
meet the prong 3 requirements of section 110(a)(2)(D)(i)). EPA
conditionally approved the NSR PM2.5 Rule submission for
Kentucky on October 3, 2012, (77 FR 60307). If the Commonwealth fails
to submit these revisions by October 3, 2013, the conditional approval
will automatically become a disapproval on that date and EPA will issue
a finding of disapproval.
Subpart II--North Carolina
0
3. Section 52.1773 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1773 Conditional Approval.
* * * * *
(c) North Carolina submitted a commitment letter to EPA on July 10,
2012, requesting conditional approval of outstanding requirements
related to the NSR PM2.5 Rule. In this letter, North
Carolina provided a schedule as to how it will address outstanding
requirements related to the NSR PM2.5 Rule (including
PM2.5 PSD Increment-SILs-SMC, as it relates to
PM2.5 increments to meet the prong 3 requirements of section
110(a)(2)(D)(i)). EPA conditionally approved the NSR PM2.5
Rule submission for North Carolina on October 16, 2012, (77 FR 63234).
If the North Carolina fails to submit these revisions by October 16,
2013, the conditional approval will automatically become a disapproval
on that date and EPA will issue a finding of disapproval.
Subpart RR--Tennessee
0
4. Section 52.2219 is amended by revising paragraph (e) to read as
follows:
Sec. 52.2219 Conditional Approval.
* * * * *
(e) Conditional Approval. On October 4, 2012, Tennessee submitted a
commitment letter to EPA requesting conditional approval of specific
enforceable measures related to prong 3 of section 110(a)(2)(D)(i);
specifically, the PM2.5 PSD Increment-SILs-SMC Rule (only as
it relates to PM2.5 increments) for the 1997 annual and 2006
24-hour fine particulate matter (PM2.5) national ambient air
quality standards. EPA is conditionally approving Tennessee's
commitment to address outstanding requirements promulgated in the
PM2.5 PSD Increment-SILs-SMC Rule (only as it relates to
PM2.5 increments). If Tennessee fails to submit these
revisions by March 6, 2014, the conditional approval will automatically
become a disapproval on that date and EPA will issue a finding of
disapproval.
[FR Doc. 2013-06646 Filed 3-25-13; 8:45 am]
BILLING CODE 6560-50-P
