Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) for the 2010 1-hour NO2, 47983-47985 [2017-22229]

Download as PDF 47983 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP State citation [Chapter 16–20 or 45 CSR] State effective date Title/subject * * * * [45 CSR] Series 8 General ................................ 6/1/17 Section 45–8–2 .......... Definitions ............................ 6/1/17 Section 45–8–3 .......... Adoption of Standards ......... 6/1/17 Section 45–8–4 .......... Inconsistency Between Rules. 6/1/17 * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0079; FRL–9969–20– Region 4] Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) for the 2010 1-hour NO2 Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection, on February 3, 2017, addressing the Clean Air Act (CAA or Act) 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 Florida’s February 3, 2017, 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. jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: 14:58 Oct 13, 2017 * Jkt 244001 Federal Reg- Frm 00031 * Federal Reg- Filing and effective dates are revised. Previous Approval 9/22/2014. Federal Reg- Effective date is revised. Federal Reg- Replaced ‘‘West Virginia Department of Environmental Protection’’ with ‘‘Division of Air Quality’’. This rule will be effective November 15, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2017–0079. 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: PO 00000 * * DATES: [FR Doc. 2017–22254 Filed 10–13–17; 8:45 am] VerDate Sep<11>2014 10/16/2017, [Insert ister Citation]. 10/16/2017, [Insert ister Citation]. 10/16/2017, [Insert ister Citation]. 10/16/2017, [Insert ister Citation]. * * * Ambient Air Quality Standards Section 45–8–1 .......... * Additional explanation/citation at 40 CFR 52.2565 EPA approval date Fmt 4700 Sfmt 4700 * * 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 E:\FR\FM\16OCR1.SGM 16OCR1 jstallworth on DSKBBY8HB2PROD with RULES 47984 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 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 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 the 2010 1-hour NO2 NAAQS, please refer to the Federal Register notice cited immediately above. In a notice of proposed rulemaking published on August 10, 2017 (82 FR 37384), EPA proposed to approve Florida’s February 3, 2017, SIP submission concluding that its SIP adequately addresses prong 1 and prong 2 requirements for the 2010 1-hour NO2 NAAQS. Florida 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) maximum 1-hour NO2 concentrations in states near Florida (Alabama, Georgia, Louisiana, Mississippi, and South Carolina) are VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 below the 2010 standard; (4) monitored design values for NO2 in the State are well below the 2010 1-hour NO2 NAAQS and are trending downward; and (5) total NOX emissions in the State are also trending downward. The other applicable infrastructure SIP requirements for Florida for the 2010 1hour NO2 NAAQS have been addressed in a separate rulemaking or will be addressed separately. On March 18, 2015 (80 FR 14019), EPA approved the portions of Florida’s infrastructure SIP regarding the prevention of significant deterioration (PSD) permitting requirements of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2010 1hour NO2 NAAQS. On November 23, 2016 (81 FR 84479), EPA approved the portions of Florida’s infrastructure SIP regarding sections 110(a)(2)(A), prong 4 of section 110(a)(2)(D)(i), section 110(a)(2)(D)(ii), sections 110(a)(2)(E)– (H), and sections 110(a)(2)(K)–(M). The portion of Florida’s infrastructure SIP related to the ambient air quality monitoring and data system requirements of section 110(a)(2)(B) will be acted on in a separate action. The details of Florida’s submission and the rationale for EPA’s action are explained in the August 10, 2017, notice of proposed rulemaking. Comments on the proposed rulemaking were due on or before September 11, 2017. EPA did not receive any comments, adverse or otherwise. II. Final Action As described above, EPA is taking final action to approve Florida’s February 3, 2017, 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 Florida’s infrastructure SIP submission because Florida’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. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 Clean Air Act; 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). The SIP is 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. 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 E:\FR\FM\16OCR1.SGM 16OCR1 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 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 15, 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 such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). 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. 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 28, 2017. Onis ‘‘Trey’’ Glenn, III, Regional Administrator, Region 4. 47985 Subpart K—Florida 2. Section 52.520(e) is amended by adding a new entry for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS’’ at the end of the table to read as follows: ■ § 52.520 * 40 CFR part 52 is amended as follows: Identification of plan. * * (e) * * * * * EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS State effective date Provision EPA approval date * 2/3/2017 * 10/16/2017 * * 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS. [FR Doc. 2017–22229 Filed 10–13–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2016–0592; FRL–9969–40– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendment to Ambient Air Quality Standard for Ozone Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Virginia state implementation plan (SIP). This revision consists of an amendment to Virginia’s SIP to incorporate by reference, the most recent federal ambient air quality standard for ozone. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on December 15, 2017 without further notice, unless EPA receives adverse written comment by November 15, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 Federal Register notice * [Insert citation of publication]. and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2016–0592 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. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Explanation * * Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i) only. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814–2042, or by email at huang.gavin@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On October 26, 2015 (80 FR 65292), EPA revised the primary and secondary national ambient air quality standards (NAAQS) for ozone to 0.070 parts per million (ppm). The primary and secondary ambient air quality standards are met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.070 ppm. On July 25, 2016, the Commonwealth of Virginia through the Virginia Department of Environmental Quality (VADEQ) submitted a formal revision to its SIP. The SIP revision seeks to incorporate the 2015 ozone NAAQS promulgated by EPA into the Virginia SIP. II. Summary of SIP Revision and EPA Analysis In the July 25, 2016 SIP submission, Virginia seeks to add regulation 9VAC5– 30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to the Virginia SIP. Regulation 9VAC5–30– 57 incorporates by reference the 2015 ozone NAAQS as promulgated by EPA and is consistent with the NAAQS set out in 40 CFR part 50. See 80 FR 65292 (October 26, 2015). E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47983-47985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0079; FRL-9969-20-Region 4]


Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) 
for the 2010 1-hour NO2 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Florida State Implementation Plan 
(SIP), submitted by the Florida Department of Environmental Protection, 
on February 3, 2017, addressing the Clean Air Act (CAA or Act) 
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 Florida's February 
3, 2017, 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 15, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0079. 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

[[Page 47984]]

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 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 the 2010 1-hour NO2 
NAAQS, please refer to the Federal Register notice cited immediately 
above.
    In a notice of proposed rulemaking published on August 10, 2017 (82 
FR 37384), EPA proposed to approve Florida's February 3, 2017, SIP 
submission concluding that its SIP adequately addresses prong 1 and 
prong 2 requirements for the 2010 1-hour NO2 NAAQS. Florida 
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) maximum 1-hour NO2 concentrations 
in states near Florida (Alabama, Georgia, Louisiana, Mississippi, and 
South Carolina) are below the 2010 standard; (4) monitored design 
values for NO2 in the State are well below the 2010 1-hour 
NO2 NAAQS and are trending downward; and (5) total 
NOX emissions in the State are also trending downward. The 
other applicable infrastructure SIP requirements for Florida for the 
2010 1-hour NO2 NAAQS have been addressed in a separate 
rulemaking or will be addressed separately. On March 18, 2015 (80 FR 
14019), EPA approved the portions of Florida's infrastructure SIP 
regarding the prevention of significant deterioration (PSD) permitting 
requirements of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 
2010 1-hour NO2 NAAQS. On November 23, 2016 (81 FR 84479), 
EPA approved the portions of Florida's infrastructure SIP regarding 
sections 110(a)(2)(A), prong 4 of section 110(a)(2)(D)(i), section 
110(a)(2)(D)(ii), sections 110(a)(2)(E)-(H), and sections 110(a)(2)(K)-
(M). The portion of Florida's infrastructure SIP related to the ambient 
air quality monitoring and data system requirements of section 
110(a)(2)(B) will be acted on in a separate action.
    The details of Florida's submission and the rationale for EPA's 
action are explained in the August 10, 2017, notice of proposed 
rulemaking. Comments on the proposed rulemaking were due on or before 
September 11, 2017. EPA did not receive any comments, adverse or 
otherwise.

II. Final Action

    As described above, EPA is taking final action to approve Florida's 
February 3, 2017, 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 Florida's infrastructure SIP 
submission because Florida'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. 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 Clean Air Act; 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).
    The SIP is 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.
    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

[[Page 47985]]

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 15, 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 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 28, 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 K--Florida

0
2. Section 52.520(e) is amended by adding a new entry for ``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.  52.520  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          2/3/2017      10/16/2017  [Insert citation of    Addressing Prongs 1
 Requirements for the 2010 1-hour                                    publication].          and 2 of section
 NO2 NAAQS.                                                                                 110(a)(2)(D)(i)
                                                                                            only.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-22229 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P
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