Approval and Promulgation of Implementation Plans; Region 4 States; 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide Prevention of Significant Deterioration Infrastructure Plans, 14019-14024 [2015-06112]
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some information is not publicly
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available only in hard copy form.
[FR Doc. 2015–06106 Filed 3–17–15; 8:45 am]
Publicly available docket materials are
BILLING CODE 6560–50–P
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section
ENVIRONMENTAL PROTECTION
(formerly Regulatory Development
AGENCY
Section), Air Planning and
Implementation Branch, Air, Pesticides
40 CFR Part 52
and Toxics Management Division, U.S.
[EPA–R04–OAR–2014–0610; FRL–9924–47– Environmental Protection Agency,
Region 4]
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
Approval and Promulgation of
requests that if at all possible, you
Implementation Plans; Region 4
contact the person listed in the FOR
States; 2008 Lead, 2008 Ozone and
FURTHER INFORMATION CONTACT section to
2010 Nitrogen Dioxide Prevention of
schedule your inspection. The Regional
Significant Deterioration Infrastructure
Office’s official hours of business are
Plans
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
AGENCY: Environmental Protection
Agency.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
ACTION: Final rule.
Management Section, Air Planning and
SUMMARY: The Environmental Protection Implementation Branch, Air, Pesticides
Agency (EPA) is approving portions of
and Toxics Management Division, U.S.
submissions from Alabama, Florida,
Environmental Protection Agency,
Georgia, Kentucky, Mississippi, South
Region 4, 61 Forsyth Street SW.,
Carolina and Tennessee for inclusion
Atlanta, Georgia 30303–8960. The
into each State’s implementation plan.
telephone number is (404) 562–9043.
This action pertains to the Clean Air Act Mr. Lakeman can be reached via
(CAA or Act) infrastructure
electronic mail at lakeman.sean@
requirements for the 2008 Lead, 2008
epa.gov.
Ozone and 2010 Nitrogen Dioxide (NO2)
National Ambient Air Quality Standards SUPPLEMENTARY INFORMATION:
(NAAQS). The CAA requires that each
I. Background
state adopt and submit a state
By statute, SIPs meeting the
implementation plan (SIP) for the
requirements of sections 110(a)(1) and
implementation, maintenance, and
(2) are to be submitted by states within
enforcement of each NAAQS
three years after promulgation of a new
promulgated by EPA. These plans are
or revised NAAQS to provide for the
commonly referred to as
implementation, maintenance, and
‘‘infrastructure’’ SIPs. Specifically, EPA
enforcement of the new or revised
is approving the portions of the
NAAQS. EPA has historically referred to
submissions from Alabama, Florida,
these SIP submissions made for the
Georgia, Kentucky, Mississippi, South
purpose of satisfying the requirements
Carolina and Tennessee that relate to
of CAA sections 110(a)(1) and 110(a)(2)
the infrastructure SIP prevention of
as ‘‘infrastructure SIP’’ submissions.
significant deterioration (PSD)
Sections 110(a)(1) and (2) require states
requirements. All other applicable
to address basic SIP elements such as
infrastructure requirements for the 2008
for monitoring, basic program
Lead, 2008 Ozone and 2010 NO2
requirements and legal authority that
NAAQS associated with these States are
are designed to assure attainment and
being addressed in separate
maintenance of the newly established or
rulemakings.
revised NAAQS. More specifically,
DATES: This rule is effective on April 17, section 110(a)(1) provides the
2015.
procedural and timing requirements for
ADDRESSES: EPA has established a
SIPs. Section 110(a)(2) lists specific
docket for this action under Docket
elements that states must meet for the
Identification No. EPA–R04–OAR–
‘‘infrastructure’’ SIP requirements
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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.
Through this action, EPA is approving
the PSD requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
and 110(a)(2)(J) (hereafter ‘‘PSD
Elements’’) for various infrastructure
SIP submissions from the states of
Alabama, Florida, Georgia, Kentucky,
Mississippi, South Carolina and
Tennessee. As described further below,
for some of these states, EPA is
approving the PSD Elements in the
infrastructure SIP submissions for the
2008 Lead, 2008 Ozone and 2010 NO2
NAAQS; whereas for other states, EPA
is only approving the PSD Elements of
the infrastructure SIP submissions for a
subset of these NAAQS. All other
applicable infrastructure requirements
for the 2008 Lead, 2008 Ozone and 2010
NO2 NAAQS associated with these
States are being addressed in separate
rulemakings.
a. 2008 Lead NAAQS
For the 2008 Lead NAAQS, EPA is
only approving the PSD Elements of the
infrastructure SIP submissions from
Alabama (received November 4, 2011),
Florida (received October 14, 2011),
Georgia (received May 14, 2012),
Kentucky (received July 17, 2012),
Mississippi (received November 17,
2011), and South Carolina (received
September 20, 2011). EPA notes that the
Agency approved the PSD Elements of
Tennessee’s 2008 Lead infrastructure
SIP submission on August 12, 2013 (78
FR 48806).
b. 2008 Ozone NAAQS
For the 2008 Ozone NAAQS, EPA is
only approving the PSD Elements of the
infrastructure SIP submissions from
Alabama (received August 20, 2012),
Georgia (received March 6, 2012),
Mississippi (received May 29, 2012; and
resubmitted July 26, 2012), and South
Carolina (received on July 17, 2012).
EPA notes that the Agency approved the
PSD Elements of the infrastructure SIP
submissions for the 2008 Ozone NAAQS
for Kentucky on March 7, 2013 (78 FR
14691) and November 3, 2014 (79 FR
65143), and Tennessee on March 6,
2013 (78 FR 14450) and January 9, 2014
(79 FR 1593).
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c. 2010 NO2 NAAQS
For the 2010 NO2 NAAQS, EPA is
approving the PSD Elements of the
infrastructure SIP submissions from
Alabama (received April 23, 2013),
Florida (received January 22, 2013),
Georgia (received March 25, 2013),
Kentucky (received April 26, 2013),
Mississippi (received February 28,
2013), South Carolina (received April
30, 2014), and Tennessee (received
March 13, 2014).
EPA is acting upon the PSD Elements
portions of SIP submissions that address
the infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the
2008 Lead, 2008 Ozone and 2010 NO2
NAAQS for various states in Region 4.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address. EPA’s
review of infrastructure SIP submissions
with respect to the PSD program
requirements in sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J)
focuses upon the structural PSD
program requirements contained in part
C and EPA’s PSD regulations. Structural
PSD program requirements include
provisions necessary for the PSD
program to address all regulated sources
and new source review (NSR)
pollutants, including GHGs.
On November 13, 2014, EPA
published a proposed rulemaking to
approve the portions of the abovedescribed infrastructure SIP
submissions from Alabama, Florida,
Georgia, Kentucky, Mississippi, South
Carolina and Tennessee to address the
PSD permitting requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
and 110(a)(2)(J) of the CAA. See 79 FR
67398. Comments on the proposed
rulemaking were due on or before
December 15, 2014. No adverse
comments were received. EPA’s
November 13, 2014, proposed
rulemaking contains more detailed
information regarding Alabama, Florida,
Georgia, Kentucky, Mississippi, South
Carolina and Tennessee submissions to
address the PSD permitting
requirements being approved today, and
the rationale for this final action.
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II. What are states required to address
under Sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3) and
110(a)(2)(J) related to PSD?
Section 110(a)(2)(C) has three
components that must be addressed in
infrastructure SIP submissions:
Enforcement, state-wide regulation of
new and modified minor sources and
minor modifications of major sources;
and PSD permitting of major sources
and major modifications in areas
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designated attainment or unclassifiable
for the subject NAAQS as required by
CAA title I part C (i.e., the major source
PSD program).
Section 110(a)(2)(D)(i) has two
components; 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these
components have two subparts resulting
in 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)(J) has four
components that must be addressed in
infrastructure SIP submissions: (1)
Consultation with government officials,
(2) public notification, (3) prevention of
significant deterioration, and (4)
visibility protection.
With respect to the PSD Elements of
these sections, EPA interprets the CAA
to require each state to make, for each
new or revised NAAQS, an
infrastructure SIP submission that
demonstrates that the air agency has a
complete PSD permitting program
meeting the current requirements for all
regulated NSR pollutants.
See EPA’s November 13, 2014,
proposed rulemaking at 79 FR 67398 for
more detailed information on EPA’s
analysis of how the Alabama, Florida,
Georgia, Kentucky, Mississippi, South
Carolina and Tennessee infrastructure
SIP submissions meet the requirements
of the PSD Elements for the NAAQS for
which they were submitted. As
mentioned above, EPA did not receive
any adverse comments on the November
13, 2014, proposed rulemaking. As such
and based on EPA’s analysis, the
Agency has made the determination
that:
• Alabama’s SIP and practices are
adequate and comply with PSD
Elements for the 2008 Lead, 2008 Ozone
and 2010 NO2 NAAQS;
• Florida’s SIP and practices are
adequate and comply with PSD
Elements for the 2008 Lead and 2010
NO2 NAAQS;
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• Georgia’s SIP and practices are
adequate and comply with the PSD
Elements for the 2008 Lead, 2008
Ozone, and 2010 NO2 NAAQS;
• Kentucky’s SIP and practices are
adequate and comply with the PSD
Elements for the 2008 Lead and 2010
NO2 NAAQS;
• Mississippi’s SIP and practices are
adequate and comply with the PSD
Elements for the 2008 Lead, 2008
Ozone, and 2010 NO2 NAAQS;
• South Carolina’s SIP and practices
are adequate and comply with the
infrastructure SIP PSD Elements for the
2008 Lead, 2008 Ozone, and 2010 NO2
NAAQS; and
• Tennessee’s SIP and practices are
adequate and comply with the
infrastructure SIP PSD Elements for the
2010 NO2 NAAQS.
III. Final Action
As described above, EPA is approving
the portions of the above-described
infrastructure SIP submissions from
Alabama, Florida, Georgia, Kentucky,
Mississippi, South Carolina and
Tennessee to address the PSD
permitting requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
and 110(a)(2)(J) of the CAA. As
described above, for some of these
states, EPA is approving the PSD
Elements of the infrastructure SIP
submissions for the 2008 Lead, 2008
Ozone and 2010 Nitrogen NO2 NAAQS;
whereas for other states, EPA is only
approving the PSD Elements of the
infrastructure SIP submissions for a
subset of these NAAQS. EPA is
approving these portions of these
submissions because they are consistent
with section 110 of the CAA.
EPA also notes that, at present, the
Agency has preliminarily determined
that the Alabama, Florida, Georgia,
Kentucky, Mississippi, South Carolina
and Tennessee SIPs are sufficient to
satisfy the PSD permitting requirements
portion of section 110(a)(2)(C),
110(a)(2)(D)(i)(II), prong 3 and
110(a)(2)(J) with respect to GHGs
because the PSD permitting program
previously-approved by EPA into the
SIP continues to require that PSD
permits (otherwise required based on
emissions of pollutants other than
GHGs) contain limitations on GHG
emissions based on the application of
Best Available Control Technology.
Although the approved Alabama,
Florida, Georgia, Kentucky, Mississippi,
South Carolina and Tennessee PSD
permitting programs may currently
contain provisions that are no longer
necessary in light of the Supreme
Court’s Utility Air Regulatory Group v.
Environmental Protection Agency
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decision, these previous approvals do
not render the infrastructure SIP
submission inadequate to satisfy
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J). The SIPs
contain the necessary PSD requirements
at this time, and the application of those
requirements is not impeded by the
presence of other previously-approved
provisions regarding the permitting of
sources of GHGs that EPA does not
consider necessary at this time in light
of the Supreme Court decision.
Accordingly, the Supreme Court
decision does not affect EPA’s approval
of Alabama, Florida, Georgia, Kentucky,
Mississippi, South Carolina and
Tennessee’s infrastructure SIPs as to the
PSD permitting requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
and 110(a)(2)(J).
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
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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).
With the exception of South Carolina,
the SIPs involved in this action 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 this
action as it relates to South Carolina,
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 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
this action is not approving any specific
rule into the South Carolina SIP, but
rather proposing 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 these revisions 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
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14021
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 18, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(e), is amended by
adding three new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’, and ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
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*
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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of
nonregulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal
date/effective
date
*
110(a)(1) and (2)
Infrastructure Requirements for
the 2008 Lead
NAAQS.
110(a)(1) and (2)
Infrastructure Requirements for
the 2008 Ozone
NAAQS.
110(a)(1) and (2)
Infrastructure Requirements for
the 2010 NO2
NAAQS.
*
*
Alabama .............................
EPA Approval date
Explanation
11/4/2011
*
*
3/18/2015 Federal Register citation
*
*
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) only.
Alabama .............................
8/20/2012
3/18/2015 [Insert Federal Register
citation].
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) only.
Alabama .............................
4/23/2013
3/18/2015 [Insert Federal Register
citation].
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) only.
the 2008 Lead NAAQS’’ and ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS’’ at the end of the
table to read as follows:
Subpart K—Florida
3. Section 52.520(e), is amended by
adding two new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
Provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2008 Lead
NAAQS.
110(a)(1) and (2) Infrastructure Requirements
for the 2010 NO2
NAAQS.
EPA Approval
date
*
*
Federal Register notice
10/14/2011
3/18/2015
*
[Insert Federal Register
citation].
1/22/2013
3/18/2015
[Insert Federal Register
citation].
Subpart L—Georgia
4. Section 52.570(e), is amended by
adding three new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
■
Explanation
*
*
*
Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J) only.
Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J) only.
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’, and ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS’’ at the end of the
table to read as follows:
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
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Name of
nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
110(a)(1) and (2)
Infrastructure Requirements for
the 2008 Lead
NAAQS.
110(a)(1) and (2)
Infrastructure Requirements for
the 2008 Ozone
NAAQS.
*
*
Georgia ..............................
Georgia ..............................
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State submittal
date/effective
date
EPA Approval date
Explanation
5/14/2012
*
*
3/18/2015 [Insert Federal Register
citation].
*
*
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) only.
3/6/2012
3/18/2015 [Insert Federal Register
citation].
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) only.
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EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS—Continued
Name of
nonregulatory SIP
provision
Applicable geographic or
nonattainment area
110(a)(1) and (2)
Infrastructure Requirements for
the 2010 NO2
NAAQS.
Georgia ..............................
Subpart S—Kentucky
5. Section 52.920(e), is amended by
adding two new entries ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
■
State submittal
date/effective
date
3/25/2013
EPA Approval date
Explanation
3/18/2015 [Insert Federal Register
citation].
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) only.
2008 Lead NAAQS’’ and ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2010 NO2 NAAQS’’ at the end of the
table to read as follows:
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of
non-regulatory
SIP provision
Applicable geographic or
nonattainment area
*
110(a)(1) and (2) Infrastructure Requirements for the 2008
Lead NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2010
NO2 NAAQS.
*
*
Kentucky ....................................
*
7/17/2012
*
3/18/2015 [Insert
Federal Register
citation].
Kentucky ....................................
4/26/2013
3/18/2015 [Insert
Federal Register
citation].
Subpart Z—Mississippi
6. Section 52.1270(e), is amended by
adding three new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
■
State submittal
date/effective
date
EPA Approval date
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’, and ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS’’ at the end of the
table to read as follows:
Explanations
*
*
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong
3)
and
110(a)(2)(J) only
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong
3)
and
110(a)(2)(J) only
§ 52.1270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
*
110(a)(1) and (2) Infrastructure Requirements for the 2008
Lead NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2010
NO2 NAAQS.
wreier-aviles on DSK5TPTVN1PROD with RULES
Name of
nonregulatory
SIP provision
*
*
Mississippi ..................................
EPA Approval date
Explanation
*
11/17/2011
*
3/18/2015 .................
[Insert Federal Register citation].
Mississippi ..................................
5/29/2012 and
amended on
7/26/2012
3/18/2015 .................
[Insert Federal Register citation].
Mississippi ..................................
2/28/2013
3/18/2015 .................
[Insert Federal Register citation].
*
*
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong
3)
and
110(a)(2)(J) only.
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong
3)
and
110(a)(2)(J) only.
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong
3)
and
110(a)(2)(J) only.
Subpart PP—South Carolina
7. Section 52.2120(e), is amended by
adding three new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
■
VerDate Sep<11>2014
State submittal
date/effective
date
14:58 Mar 17, 2015
Jkt 235001
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’, and ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS’’ at the end of the
table to read as follows:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
§ 52.2120
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\18MRR1.SGM
18MRR1
*
*
14024
Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations
State effective
date
Provision
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2008
Lead NAAQS.
110(a)(1) and (2) Infrastructure
Requirements for the 2008
Ozone NAAQS.
110(a)(1) and (2) Infrastructure
Requirements for the 2010
NO2 NAAQS.
9/20/2011
7/17/2012
4/30/2014
EPA Approval date
Explanation
*
*
3/18/2015 ................................
[Insert Federal Register citation].
3/18/2015 ................................
[Insert Federal Register citation].
3/18/2015 ................................
[Insert Federal Register citation].
*
*
Addressing the PSD permitting
110(a)(2)(C), 110(a)(2)(D)(i)(II)
only.
Addressing the PSD permitting
110(a)(2)(C), 110(a)(2)(D)(i)(II)
only.
Addressing the PSD permitting
110(a)(2)(C), 110(a)(2)(D)(i)(II)
only.
(2) Infrastructure Requirements for the
2010 NO2 NAAQS’’ at the end of the
table to read as follows:
Subpart RR—Tennessee
8. Section 52.2220(e), is amended by
adding a new entry for ‘‘110(a)(1) and
■
§ 52.2220
*
*
requirements of sections
(prong 3) and 110(a)(2)(J)
requirements of sections
(prong 3) and 110(a)(2)(J)
requirements of sections
(prong 3) and 110(a)(2)(J)
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of
non-regulatory
SIP provision
Applicable geographic or
nonattainment area
*
110(a)(1) and (2) Infrastructure Requirements for the 2010
NO2 NAAQS.
*
*
Tennessee .................................
[FR Doc. 2015–06112 Filed 3–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0847; FRL–9923–63]
2-Propenoic acid, polymer With
ethenyl acetate, ethenylbenzene, 2ethylhexyl 2-propenoate and ethyl 2propenoate; Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 2-Propenoic
acid, polymer with ethenyl acetate,
ethenylbenzene, 2-ethylhexyl 2propenoate and ethyl 2-propenoate;
when used as an inert ingredient in a
pesticide chemical formulation. BASF
Corporation submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of 2Propenoic acid, polymer with ethenyl
acetate, ethenylbenzene, 2-ethylhexyl 2-
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21:57 Mar 17, 2015
Jkt 235001
State effective
date
EPA Approval date
*
3/13/2014
*
3/18/2015 [Insert
Federal Register
citation].
propenoate and ethyl 2-propenoate on
food or feed commodities.
DATES: This regulation is effective
March 18, 2015. Objections and requests
for hearings must be received on or
before May 18, 2015, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0874, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Explanation
*
*
Addressing the PSD permitting requirements
of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong
3)
and
110(a)(2)(J) only.
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
E:\FR\FM\18MRR1.SGM
18MRR1
]]>Agencies
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Rules and Regulations]
[Pages 14019-14024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06112]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0610; FRL-9924-47-Region 4]
Approval and Promulgation of Implementation Plans; Region 4
States; 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide Prevention of
Significant Deterioration Infrastructure Plans
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of submissions from Alabama, Florida, Georgia, Kentucky,
Mississippi, South Carolina and Tennessee for inclusion into each
State's implementation plan. This action pertains to the Clean Air Act
(CAA or Act) infrastructure requirements for the 2008 Lead, 2008 Ozone
and 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality
Standards (NAAQS). The CAA requires that each state adopt and submit a
state implementation plan (SIP) for the implementation, maintenance,
and enforcement of each NAAQS promulgated by EPA. These plans are
commonly referred to as ``infrastructure'' SIPs. Specifically, EPA is
approving the portions of the submissions from Alabama, Florida,
Georgia, Kentucky, Mississippi, South Carolina and Tennessee that
relate to the infrastructure SIP prevention of significant
deterioration (PSD) requirements. All other applicable infrastructure
requirements for the 2008 Lead, 2008 Ozone and 2010 NO2
NAAQS associated with these States are being addressed in separate
rulemakings.
DATES: This rule is effective on April 17, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0610. 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 Air Regulatory Management Section (formerly Regulatory
Development 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: Sean Lakeman, 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. The telephone number is (404) 562-9043. Mr. Lakeman can be
reached via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) are to be submitted by states within three years after promulgation
of a new or revised NAAQS to provide for the implementation,
maintenance, and enforcement of the new or revised NAAQS. EPA has
historically referred to these SIP submissions made for the purpose of
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require
states to address basic SIP elements such as for monitoring, basic
program requirements and legal authority that are designed to assure
attainment and maintenance of the newly established or revised NAAQS.
More specifically, section 110(a)(1) provides the procedural and timing
requirements for SIPs. Section 110(a)(2) lists specific elements that
states must meet for the ``infrastructure'' SIP requirements related to
a newly established or revised NAAQS. The contents of an infrastructure
SIP submission may vary depending upon the data and analytical tools
available to the state, as well as the provisions already contained in
the state's implementation plan at the time in which the state develops
and submits the submission for a new or revised NAAQS.
Through this action, EPA is approving the PSD requirements of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
(hereafter ``PSD Elements'') for various infrastructure SIP submissions
from the states of Alabama, Florida, Georgia, Kentucky, Mississippi,
South Carolina and Tennessee. As described further below, for some of
these states, EPA is approving the PSD Elements in the infrastructure
SIP submissions for the 2008 Lead, 2008 Ozone and 2010 NO2
NAAQS; whereas for other states, EPA is only approving the PSD Elements
of the infrastructure SIP submissions for a subset of these NAAQS. All
other applicable infrastructure requirements for the 2008 Lead, 2008
Ozone and 2010 NO2 NAAQS associated with these States are
being addressed in separate rulemakings.
a. 2008 Lead NAAQS
For the 2008 Lead NAAQS, EPA is only approving the PSD Elements of
the infrastructure SIP submissions from Alabama (received November 4,
2011), Florida (received October 14, 2011), Georgia (received May 14,
2012), Kentucky (received July 17, 2012), Mississippi (received
November 17, 2011), and South Carolina (received September 20, 2011).
EPA notes that the Agency approved the PSD Elements of Tennessee's 2008
Lead infrastructure SIP submission on August 12, 2013 (78 FR 48806).
b. 2008 Ozone NAAQS
For the 2008 Ozone NAAQS, EPA is only approving the PSD Elements of
the infrastructure SIP submissions from Alabama (received August 20,
2012), Georgia (received March 6, 2012), Mississippi (received May 29,
2012; and resubmitted July 26, 2012), and South Carolina (received on
July 17, 2012). EPA notes that the Agency approved the PSD Elements of
the infrastructure SIP submissions for the 2008 Ozone NAAQS for
Kentucky on March 7, 2013 (78 FR 14691) and November 3, 2014 (79 FR
65143), and Tennessee on March 6, 2013 (78 FR 14450) and January 9,
2014 (79 FR 1593).
[[Page 14020]]
c. 2010 NO2 NAAQS
For the 2010 NO2 NAAQS, EPA is approving the PSD
Elements of the infrastructure SIP submissions from Alabama (received
April 23, 2013), Florida (received January 22, 2013), Georgia (received
March 25, 2013), Kentucky (received April 26, 2013), Mississippi
(received February 28, 2013), South Carolina (received April 30, 2014),
and Tennessee (received March 13, 2014).
EPA is acting upon the PSD Elements portions of SIP submissions
that address the infrastructure requirements of CAA sections 110(a)(1)
and 110(a)(2) for the 2008 Lead, 2008 Ozone and 2010 NO2
NAAQS for various states in Region 4. Section 110(a)(2) includes a list
of specific elements that ``[e]ach such plan'' submission must address.
EPA's review of infrastructure SIP submissions with respect to the PSD
program requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J) focuses upon the structural PSD program requirements
contained in part C and EPA's PSD regulations. Structural PSD program
requirements include provisions necessary for the PSD program to
address all regulated sources and new source review (NSR) pollutants,
including GHGs.
On November 13, 2014, EPA published a proposed rulemaking to
approve the portions of the above-described infrastructure SIP
submissions from Alabama, Florida, Georgia, Kentucky, Mississippi,
South Carolina and Tennessee to address the PSD permitting requirements
of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J) of the CAA. See 79 FR 67398. Comments on the proposed
rulemaking were due on or before December 15, 2014. No adverse comments
were received. EPA's November 13, 2014, proposed rulemaking contains
more detailed information regarding Alabama, Florida, Georgia,
Kentucky, Mississippi, South Carolina and Tennessee submissions to
address the PSD permitting requirements being approved today, and the
rationale for this final action.
II. What are states required to address under Sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3) and 110(a)(2)(J) related to PSD?
Section 110(a)(2)(C) has three components that must be addressed in
infrastructure SIP submissions: Enforcement, state-wide regulation of
new and modified minor sources and minor modifications of major
sources; and PSD permitting of major sources and major modifications in
areas designated attainment or unclassifiable for the subject NAAQS as
required by CAA title I part C (i.e., the major source PSD program).
Section 110(a)(2)(D)(i) has two components; 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these components have two subparts
resulting in 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)(J) has four components that must be addressed in
infrastructure SIP submissions: (1) Consultation with government
officials, (2) public notification, (3) prevention of significant
deterioration, and (4) visibility protection.
With respect to the PSD Elements of these sections, EPA interprets
the CAA to require each state to make, for each new or revised NAAQS,
an infrastructure SIP submission that demonstrates that the air agency
has a complete PSD permitting program meeting the current requirements
for all regulated NSR pollutants.
See EPA's November 13, 2014, proposed rulemaking at 79 FR 67398 for
more detailed information on EPA's analysis of how the Alabama,
Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee
infrastructure SIP submissions meet the requirements of the PSD
Elements for the NAAQS for which they were submitted. As mentioned
above, EPA did not receive any adverse comments on the November 13,
2014, proposed rulemaking. As such and based on EPA's analysis, the
Agency has made the determination that:
Alabama's SIP and practices are adequate and comply with
PSD Elements for the 2008 Lead, 2008 Ozone and 2010 NO2
NAAQS;
Florida's SIP and practices are adequate and comply with
PSD Elements for the 2008 Lead and 2010 NO2 NAAQS;
Georgia's SIP and practices are adequate and comply with
the PSD Elements for the 2008 Lead, 2008 Ozone, and 2010 NO2
NAAQS;
Kentucky's SIP and practices are adequate and comply with
the PSD Elements for the 2008 Lead and 2010 NO2 NAAQS;
Mississippi's SIP and practices are adequate and comply
with the PSD Elements for the 2008 Lead, 2008 Ozone, and 2010
NO2 NAAQS;
South Carolina's SIP and practices are adequate and comply
with the infrastructure SIP PSD Elements for the 2008 Lead, 2008 Ozone,
and 2010 NO2 NAAQS; and
Tennessee's SIP and practices are adequate and comply with
the infrastructure SIP PSD Elements for the 2010 NO2 NAAQS.
III. Final Action
As described above, EPA is approving the portions of the above-
described infrastructure SIP submissions from Alabama, Florida,
Georgia, Kentucky, Mississippi, South Carolina and Tennessee to address
the PSD permitting requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA. As described
above, for some of these states, EPA is approving the PSD Elements of
the infrastructure SIP submissions for the 2008 Lead, 2008 Ozone and
2010 Nitrogen NO2 NAAQS; whereas for other states, EPA is
only approving the PSD Elements of the infrastructure SIP submissions
for a subset of these NAAQS. EPA is approving these portions of these
submissions because they are consistent with section 110 of the CAA.
EPA also notes that, at present, the Agency has preliminarily
determined that the Alabama, Florida, Georgia, Kentucky, Mississippi,
South Carolina and Tennessee SIPs are sufficient to satisfy the PSD
permitting requirements portion of section 110(a)(2)(C),
110(a)(2)(D)(i)(II), prong 3 and 110(a)(2)(J) with respect to GHGs
because the PSD permitting program previously-approved by EPA into the
SIP continues to require that PSD permits (otherwise required based on
emissions of pollutants other than GHGs) contain limitations on GHG
emissions based on the application of Best Available Control
Technology. Although the approved Alabama, Florida, Georgia, Kentucky,
Mississippi, South Carolina and Tennessee PSD permitting programs may
currently contain provisions that are no longer necessary in light of
the Supreme Court's Utility Air Regulatory Group v. Environmental
Protection Agency
[[Page 14021]]
decision, these previous approvals do not render the infrastructure SIP
submission inadequate to satisfy sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). The SIPs contain the
necessary PSD requirements at this time, and the application of those
requirements is not impeded by the presence of other previously-
approved provisions regarding the permitting of sources of GHGs that
EPA does not consider necessary at this time in light of the Supreme
Court decision. Accordingly, the Supreme Court decision does not affect
EPA's approval of Alabama, Florida, Georgia, Kentucky, Mississippi,
South Carolina and Tennessee's infrastructure SIPs as to the PSD
permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
With the exception of South Carolina, the SIPs involved in this
action 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
this action as it relates to South Carolina, 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 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 this
action is not approving any specific rule into the South Carolina SIP,
but rather proposing 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 these revisions 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 May 18, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: March 6, 2015.
Heather McTeer Toney,
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 three new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS'' at the end of the table to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
[[Page 14022]]
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date/ EPA Approval date Explanation
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Alabama.......... 11/4/2011 3/18/2015 Federal Addressing the PSD
Infrastructure Requirements Register citation. permitting
for the 2008 Lead NAAQS. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
110(a)(1) and (2) Alabama.......... 8/20/2012 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2008 Ozone NAAQS. citation]. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
110(a)(1) and (2) Alabama.......... 4/23/2013 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2010 NO2 NAAQS. citation]. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
Subpart K--Florida
0
3. Section 52.520(e), is amended by adding two new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
NAAQS'' and ``110(a)(1) and (2) Infrastructure Requirements for the
2010 NO2 NAAQS'' at the end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA Approval Federal Register
Provision effective date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 10/14/2011 3/18/2015 [Insert Federal Addressing the PSD
Requirements for the 2008 Lead Register citation]. permitting requirements
NAAQS. of sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure 1/22/2013 3/18/2015 [Insert Federal Addressing the PSD
Requirements for the 2010 NO2 Register citation]. permitting requirements
NAAQS. of sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
Subpart L--Georgia
0
4. Section 52.570(e), is amended by adding three new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS'' at the end of the table to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date/ EPA Approval date Explanation
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Georgia.......... 5/14/2012 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2008 Lead NAAQS. citation]. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
110(a)(1) and (2) Georgia.......... 3/6/2012 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2008 Ozone NAAQS. citation]. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
[[Page 14023]]
110(a)(1) and (2) Georgia.......... 3/25/2013 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2010 NO2 NAAQS. citation]. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
Subpart S--Kentucky
0
5. Section 52.920(e), is amended by adding two new entries ``110(a)(1)
and (2) Infrastructure Requirements for the 2008 Lead NAAQS'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2010
NO2 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) Kentucky.......... 7/17/2012 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2008 Lead NAAQS. citation]. requirements of
sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only
110(a)(1) and (2) Kentucky.......... 4/26/2013 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2010 NO2 NAAQS. citation]. requirements of
sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only
----------------------------------------------------------------------------------------------------------------
Subpart Z--Mississippi
0
6. Section 52.1270(e), is amended by adding three new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for
the 2010 NO2 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 nonregulatory SIP geographic or submittal date/ EPA Approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Mississippi....... 11/17/2011 3/18/2015......... Addressing the PSD
Infrastructure Requirements [Insert Federal permitting
for the 2008 Lead NAAQS. Register requirements of
citation]. sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
110(a)(1) and (2) Mississippi....... 5/29/2012 and 3/18/2015......... Addressing the PSD
Infrastructure Requirements amended on 7/ [Insert Federal permitting
for the 2008 Ozone NAAQS. 26/2012 Register requirements of
citation]. sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
110(a)(1) and (2) Mississippi....... 2/28/2013 3/18/2015......... Addressing the PSD
Infrastructure Requirements [Insert Federal permitting
for the 2010 NO2 NAAQS. Register requirements of
citation]. sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
Subpart PP--South Carolina
0
7. Section 52.2120(e), is amended by adding three new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS'' at the end of the table to read as
follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
[[Page 14024]]
----------------------------------------------------------------------------------------------------------------
State
Provision effective date EPA Approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 9/20/2011 3/18/2015................ Addressing the PSD permitting
Requirements for the 2008 Lead NAAQS. [Insert Federal Register requirements of sections
citation]. 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong
3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure 7/17/2012 3/18/2015................ Addressing the PSD permitting
Requirements for the 2008 Ozone NAAQS. [Insert Federal Register requirements of sections
citation]. 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong
3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure 4/30/2014 3/18/2015................ Addressing the PSD permitting
Requirements for the 2010 NO2 NAAQS. [Insert Federal Register requirements of sections
citation]. 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong
3) and 110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
Subpart RR--Tennessee
0
8. Section 52.2220(e), is amended by adding a new entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 NO2 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) Tennessee......... 3/13/2014 3/18/2015 [Insert Addressing the PSD
Infrastructure Requirements Federal Register permitting
for the 2010 NO2 NAAQS. citation]. requirements of
sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-06112 Filed 3-17-15; 8:45 am]
BILLING CODE 6560-50-P
