Air Plan Approval; South Carolina; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2, 45995-45997 [2017-21121]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
operation, general and local ventilation)
or administrative control measures (e.g.,
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible. A
National Institute for Occupational
Safety and Health (NIOSH)-certified air
purifying, tight-fitting full-face
respirator equipped with N–100, P–100,
or R–100 cartridges, or power air
purifying particulate respirator with an
Assigned Protection Factor (APF) of at
least 50 meets the requirements of
§ 721.63(a)(4).
(ii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(k) and (q). A
significant new use is any use involving
an application method that generates a
vapor, mist or aerosol.
(iii) Disposal. Requirements as
specified in § 721.85(a)(1), (a)(2), (b)(1),
(b)(2), (c)(1), and (c)(2).
(iv) Release to water. Requirements as
specified in § 721.90(b)(1) and (c)(1).
Any predictable or purposeful release of
a manufacturing stream associated with
any use of the substance from any site
is a significant new use other than the
water releases described in the
manufacturing process of PMN P–11–
482.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), (i), (j), and (k)
are applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(ii) of this section.
[FR Doc. 2017–21237 Filed 10–2–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
jstallworth on DSKBBY8HB2PROD with RULES
[EPA–R04–OAR–2017–0045; FRL–9968–73–
Region 4]
Air Plan Approval; South Carolina;
Interstate Transport (Prongs 1 and 2)
for the 2010 1-Hour NO2 Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
17:24 Oct 02, 2017
Jkt 244001
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the South Carolina
State Implementation Plan (SIP),
submitted by the South Carolina
Department of Health and
Environmental Control (DHEC), on
December 7, 2016, addressing the Clean
Air Act (CAA) interstate transport
(prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is taking final action
to approve South Carolina’s December
7, 2016, SIP submission addressing
prongs 1 and 2 to ensure that air
emissions in the State do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2010 1-hour NO2
NAAQS in any other state.
DATES: This rule will be effective
November 2, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0045. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
SUMMARY:
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
45995
Atlanta, Georgia 30303–8960. Mr.
Febres can be reached by telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
requirements for monitoring, basic
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
newly established or revised NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs.
Section 110(a)(2) lists specific elements
that states must meet for the
infrastructure SIP requirements related
to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) and
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
E:\FR\FM\03OCR1.SGM
03OCR1
jstallworth on DSKBBY8HB2PROD with RULES
45996
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
to include provisions ensuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.
On January 22, 2010, EPA established
a new 1-hour primary NAAQS for NO2
at a level of 100 parts per billion, based
on a 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations.
See 75 FR 6474 (February 9, 2010). This
NAAQS is designed to protect against
exposure to the entire group of nitrogen
oxides (NOX). NO2 is the component of
greatest concern and is used as the
indicator for the larger group of NOX.
Emissions that lead to the formation of
NO2 generally also lead to the formation
of other NOX. Therefore, control
measures that reduce NO2 can generally
be expected to reduce population
exposures to all gaseous NOX which
may have the co-benefit of reducing the
formation of ozone and fine particles
both of which pose significant public
health threats.
States were required to submit
infrastructure SIP submissions for the
2010 1-hour NO2 NAAQS to EPA no
later than January 22, 2013. For
comprehensive information on 2010 1hour NO2 NAAQS, please refer to the
Federal Register notice cited
immediately above.
In a notice of proposed rulemaking
published August 15, 2017 (82 FR
38646), EPA proposed to approve South
Carolina’s December 7, 2016, SIP
submission concluding that its SIP
adequately addresses prong 1 and prong
2 requirements for the 2010 1-hour NO2
NAAQS. South Carolina provided the
following reasons for its determination:
(1) The SIP contains state regulations
that directly or indirectly control NOX
emissions; (2) all areas in the United
States are designated as unclassifiable/
attainment for the 2010 1-hour NO2
NAAQS; (3) monitored 1-hour NO2
design values in South Carolina and
surrounding states (Georgia, North
Carolina, and Florida) are below the
2010 standard; and (4) point source
emissions of NOX in the State have
trended downward. All other applicable
infrastructure SIP requirements for
South Carolina for the 2010 1-hour NO2
NAAQS have been addressed in
separate rulemakings. See 80 FR 14019
(March 18, 2015), 81 FR 56512 (August
22, 2016), and 81 FR 63704 (September
16, 2016).
The details of South Carolina’s
submission and the rationale for EPA’s
action are explained in the August 15,
2017, notice of proposed rulemaking.
Comments on the proposed rulemaking
were due on or before September 14,
VerDate Sep<11>2014
15:04 Oct 02, 2017
Jkt 244001
2017. EPA did not receive any adverse
comments on the proposed action.
II. Final Action
As described above, EPA is taking
final action to approve South Carolina’s
December 7, 2016, SIP revision
addressing prongs 1 and 2 of CAA
section 110(a)(2)(D)(i) for the 2010 1hour NO2 NAAQS. EPA is taking final
action to approve this portion South
Carolina’s infrastructure SIP submission
because South Carolina’s SIP includes
adequate provisions to prevent
emissions sources within the State from
significantly contributing to
nonattainment or interfering with
maintenance of this standard in any
other state.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
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 action for the state of
South Carolina does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because it does not have
substantial direct effects on an Indian
Tribe. The Catawba Indian Nation
Reservation is located within the State
of South Carolina. Pursuant to the
Catawba Indian Claims Settlement Act,
S.C. Code Ann. 27–16–120, ‘‘all state
and local environmental laws and
regulations apply to the [Catawba Indian
Nation] and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’
However, EPA has determined that this
action does not have substantial direct
effects on an Indian Tribe because it is
not approving any specific rule, but
rather determining that South Carolina’s
already approved SIP meets certain
CAA requirements. EPA notes this
action 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 December 4, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 21, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
Subpart PP—South Carolina
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.
State
effective
date
*
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2010 1hour NO2 NAAQS.
*
12/7/2016
40 CFR Part 52
ADDRESSES:
[EPA–R03–OAR–2017–0396; FRL–9968–54–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; 2011 Base Year Inventory
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for the
Baltimore, Maryland Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the 2011 base year
inventory for the Baltimore, Maryland
moderate nonattainment area for the
2008 8-hour ozone national ambient air
quality standard (NAAQS). The State of
Maryland submitted the emission
inventory through the Maryland
Department of the Environment (MDE)
to meet the nonattainment requirements
for moderate ozone nonattainment areas
for the 2008 8-hour ozone NAAQS. EPA
is approving the 2011 base year
emissions inventory for the 2008 8-hour
ozone NAAQS as a revision to the
Maryland state implementation plan
(SIP) in accordance with the
requirements of the Clean Air Act
(CAA).
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
This rule is effective on
December 4, 2017 without further
notice, unless EPA receives adverse
DATES:
VerDate Sep<11>2014
17:26 Oct 02, 2017
Jkt 244001
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0396 at https://
www.regulations.gov, or via email to
stahl.cynthia@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
PO 00000
Frm 00043
Fmt 4700
*
Identification of plan.
*
*
(e) * * *
*
10/3/2017, [insert Federal
Register citation].
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
§ 52.2120
EPA approval date
written comment by November 2, 2017.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
[FR Doc. 2017–21121 Filed 10–2–17; 8:45 am]
2. In § 52.2120, the table in paragraph
(e) is amended by adding the entry
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS’’ at the end of the table to read
as follows:
■
40 CFR part 52 is amended as follows:
Provision
Sfmt 4700
45997
*
*
Explanation
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i) only.
SUPPLEMENTARY INFORMATION:
I. Background
Ground level ozone is formed when
nitrogen oxides (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. NOX and VOC are
referred to as ozone precursors and are
emitted by many types of pollution
sources, including motor vehicles,
power plants, industrial facilities, and
area wide sources, such as consumer
products and lawn and garden
equipment. Scientific evidence
indicates that adverse public health
effects occur following exposure to
ozone. These effects are more
pronounced in children and adults with
lung disease. Breathing air containing
ozone can reduce lung function and
inflame airways, which can increase
respiratory symptoms and aggravate
asthma or other lung diseases. In
response to this scientific evidence, EPA
promulgated in 1979 the first ozone
NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS. See 44 FR 8202
(February 8, 1979). Before the first
ozone NAAQS, EPA had previously
promulgated a NAAQS for total
photochemical oxidants. See 36 FR 8186
(April 30, 1971).
On July 18, 1997, EPA promulgated a
revised ozone NAAQS of 0.08 ppm,
averaged over eight hours. 62 FR 38855.
This 8-hour ozone NAAQS was
determined to be more protective of
public health than the previous 1979 1hour ozone NAAQS. In 2008, EPA
revised the 8-hour ozone NAAQS from
0.08 to 0.075 ppm. See 73 FR 16436
(March 27, 2008).1
1 On October 1, 2015, EPA strengthened the 8hour ozone NAAQS to 0.070 ppm. See 80 FR 65292
(October 16, 2015). This rulemaking addresses the
E:\FR\FM\03OCR1.SGM
Continued
03OCR1
]]>Agencies
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45995-45997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21121]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0045; FRL-9968-73-Region 4]
Air Plan Approval; South Carolina; Interstate Transport (Prongs 1
and 2) for the 2010 1-Hour NO2 Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the South Carolina State Implementation
Plan (SIP), submitted by the South Carolina Department of Health and
Environmental Control (DHEC), on December 7, 2016, addressing the Clean
Air Act (CAA) interstate transport (prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour Nitrogen Dioxide (NO2)
National Ambient Air Quality Standard (NAAQS). The CAA requires that
each state adopt and submit a SIP for the implementation, maintenance,
and enforcement of each NAAQS promulgated by EPA, commonly referred to
as an ``infrastructure SIP.'' Specifically, EPA is taking final action
to approve South Carolina's December 7, 2016, SIP submission addressing
prongs 1 and 2 to ensure that air emissions in the State do not
significantly contribute to nonattainment or interfere with maintenance
of the 2010 1-hour NO2 NAAQS in any other state.
DATES: This rule will be effective November 2, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0045. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or
via electronic mail at febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require states to address basic SIP elements such as requirements
for monitoring, basic program requirements, and legal authority that
are designed to assure attainment and maintenance of the newly
established or revised NAAQS. More specifically, section 110(a)(1)
provides the procedural and timing requirements for infrastructure
SIPs. Section 110(a)(2) lists specific elements that states must meet
for the infrastructure SIP requirements related to a newly established
or revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) and from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs
[[Page 45996]]
to include provisions ensuring compliance with sections 115 and 126 of
the Act, relating to interstate and international pollution abatement.
On January 22, 2010, EPA established a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion, based on a 3-year
average of the 98th percentile of the yearly distribution of 1-hour
daily maximum concentrations. See 75 FR 6474 (February 9, 2010). This
NAAQS is designed to protect against exposure to the entire group of
nitrogen oxides (NOX). NO2 is the component of
greatest concern and is used as the indicator for the larger group of
NOX. Emissions that lead to the formation of NO2
generally also lead to the formation of other NOX.
Therefore, control measures that reduce NO2 can generally be
expected to reduce population exposures to all gaseous NOX
which may have the co-benefit of reducing the formation of ozone and
fine particles both of which pose significant public health threats.
States were required to submit infrastructure SIP submissions for
the 2010 1-hour NO2 NAAQS to EPA no later than January 22,
2013. For comprehensive information on 2010 1-hour NO2
NAAQS, please refer to the Federal Register notice cited immediately
above.
In a notice of proposed rulemaking published August 15, 2017 (82 FR
38646), EPA proposed to approve South Carolina's December 7, 2016, SIP
submission concluding that its SIP adequately addresses prong 1 and
prong 2 requirements for the 2010 1-hour NO2 NAAQS. South
Carolina provided the following reasons for its determination: (1) The
SIP contains state regulations that directly or indirectly control
NOX emissions; (2) all areas in the United States are
designated as unclassifiable/attainment for the 2010 1-hour
NO2 NAAQS; (3) monitored 1-hour NO2 design values
in South Carolina and surrounding states (Georgia, North Carolina, and
Florida) are below the 2010 standard; and (4) point source emissions of
NOX in the State have trended downward. All other applicable
infrastructure SIP requirements for South Carolina for the 2010 1-hour
NO2 NAAQS have been addressed in separate rulemakings. See
80 FR 14019 (March 18, 2015), 81 FR 56512 (August 22, 2016), and 81 FR
63704 (September 16, 2016).
The details of South Carolina's submission and the rationale for
EPA's action are explained in the August 15, 2017, notice of proposed
rulemaking. Comments on the proposed rulemaking were due on or before
September 14, 2017. EPA did not receive any adverse comments on the
proposed action.
II. Final Action
As described above, EPA is taking final action to approve South
Carolina's December 7, 2016, SIP revision addressing prongs 1 and 2 of
CAA section 110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS.
EPA is taking final action to approve this portion South Carolina's
infrastructure SIP submission because South Carolina's SIP includes
adequate provisions to prevent emissions sources within the State from
significantly contributing to nonattainment or interfering with
maintenance of this standard in any other state.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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).
In addition, this action for the state of South Carolina does not
have Tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because it does not have substantial direct
effects on an Indian Tribe. The Catawba Indian Nation Reservation is
located within the State of South Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and
local environmental laws and regulations apply to the [Catawba Indian
Nation] and Reservation and are fully enforceable by all relevant state
and local agencies and authorities.'' However, EPA has determined that
this action does not have substantial direct effects on an Indian Tribe
because it is not approving any specific rule, but rather determining
that South Carolina's already approved SIP meets certain CAA
requirements. EPA notes this action 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 December 4, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of
[[Page 45997]]
such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: September 21, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. In Sec. 52.2120, the table in paragraph (e) is amended by adding
the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010
1-hour NO2 NAAQS'' at the end of the table to read as
follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Provision effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 12/7/2016 10/3/2017, [insert Federal Addressing Prongs 1 and 2
Requirements for the 2010 1-hour NO2 Register citation]. of section
NAAQS. 110(a)(2)(D)(i) only.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-21121 Filed 10-2-17; 8:45 am]
BILLING CODE 6560-50-P
