Air Plan Approval; AL, FL, GA, KY, MS, NC, SC, TN; Interstate Transport for the 2012 PM2.5, 48387-48391 [2018-20728]
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48387
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
§ 52.1520
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Dated: September 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Subpart EE—New Hampshire
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
2. In § 52.1520, the table in paragraph
(c) is amended by revising the entry for
‘‘Saf-C 3200’’ to read as follows:
■
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
date
State citation
Title/subject
*
Saf-C 3200 .....................
*
*
Official Motor Vehicle
Inspection Requirements.
*
*
01/06/2016
*
EPA approval date 1
Explanations
*
*
9/25/2018, [Insert Federal Register citation].
*
*
Amends Saf-C sections 3202, 3203, 3204,
3205, 3206.04, 3207.01, 3209, 3210, 3218,
3220, 3222, and 3248; and approves Saf-C
3219.
*
*
*
*
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
ENVIRONMENTAL PROTECTION
AGENCY
infrastructure SIPs for the
aforementioned states as demonstrating
that air emissions in the states do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state.
40 CFR Part 52
DATES:
*
*
*
*
*
[FR Doc. 2018–20743 Filed 9–24–18; 8:45 am]
BILLING CODE 6560–50–P
This rule will be effective
October 25, 2018.
[EPA–R04–OAR–2016–0334; FRL–9984–
36—Region 4]
Air Plan Approval; AL, FL, GA, KY, MS,
NC, SC, TN; Interstate Transport for
the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) submissions
from Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee
addressing the Clean Air Act (CAA or
Act) interstate transport infrastructure
SIP requirements for the 2012 Fine
Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
EPA is taking final action to approve the
interstate transport portions of these
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SUMMARY:
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EPA has established a
docket for these actions under Docket
Identification No. EPA–R04–OAR–
2016–0334. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
ADDRESSES:
PO 00000
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through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Wong can be
reached by telephone at (404) 562–8726
or via electronic mail at wong.richard@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised
the primary Annual PM2.5 NAAQS to
12.0 micrograms per cubic meter (mg/
m3). See 78 FR 3086 (January 15, 2013).
An area meets the standard if the threeyear average of its annual average PM2.5
concentration (at each monitoring site in
the area) is less than or equal to 12.0 mg/
m3. States were required to submit
infrastructure SIP submissions for the
2012 Annual PM2.5 NAAQS to EPA no
later than December 14, 2015.
CAA section 110(a)(1) requires states
to submit SIP revisions within three
years after promulgation of a new or
revised NAAQS in order to provide for
the implementation, maintenance, and
enforcement of the new or revised
NAAQS. CAA section 110(a)(2) outlines
the applicable requirements of such SIP
submissions, which EPA has
historically referred to as ‘‘infrastructure
SIP’’ submissions. Section 110(a)(2)
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
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requires states to address basic SIP
elements such as monitoring, basic
program requirements (e.g., permitting),
and legal authority that are designed to
assure attainment and maintenance of
the newly established or revised
NAAQS. Thus, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs,
and section 110(a)(2) lists specific
elements that states must meet for the
infrastructure SIP requirements related
to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
subsections: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), require plans to
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) or
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions insuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.1
In a notice of proposed rulemaking
(NPRM) published on August 9, 2018
(83 FR 39387), EPA proposed to approve
the prong 1 and prong 2 portions of
infrastructure SIP submissions
transmitted under cover letter by:
1 EPA highlighted the statutory requirement to
submit infrastructure SIPs within three years of
promulgation of a new NAAQS in an October 2,
2007, guidance document entitled ‘‘Guidance on
SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards.’’ EPA has
issued additional guidance documents and
memoranda, including a September 13, 2013,
guidance document entitled ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and 110(a)(2).’’
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Alabama (dated December 9, 2015);
Florida (dated December 14, 2015);
Georgia (dated December 14, 2015);
Kentucky (dated February 8, 2016);
Mississippi (dated December 8, 2015);
North Carolina (dated December 4,
2015); South Carolina (dated December
14, 2015); and Tennessee (dated
December 16, 2015), as demonstrating
that these states do not significantly
contribute to nonattainment or interfere
with maintenance of the 2012 Annual
PM2.5 NAAQS in any other state.2 All
other applicable infrastructure SIP
requirements for these SIP submissions
have been or will be addressed in
separate rulemakings. The specific
details of the SIP submissions and the
rationale for EPA’s actions on prongs 1
and 2 are discussed in the NPRM.
Comments on the proposed rulemaking
were due on or before August 30, 2018.
EPA received three comments that are
not relevant to the proposed actions and
one comment in support of the
proposed actions. These comments can
be found in the docket for these actions.
II. Final Action
EPA is taking final action to approve
the portions of the infrastructure SIP
submissions transmitted under cover
letter by: Alabama (dated December 9,
2015); Florida (dated December 14,
2015); Georgia (dated December 14,
2015); Kentucky (dated February 8,
2016); Mississippi (dated December 8,
2015); North Carolina (dated December
4, 2015); South Carolina (dated
December 14, 2015); and Tennessee
(dated December 16, 2015) addressing
prongs 1 and 2 of section
110(a)(2)(D)(i)(I) for the 2012 Annual
PM2.5 NAAQS. EPA is taking final
action to approve section
110(a)(2)(D)(i)(I) for the aforementioned
infrastructure SIP submissions for the
2012 Annual PM2.5 NAAQS because the
submissions are consistent with section
110 of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions merely approve
state law as meeting Federal
requirements and do not impose
additional requirements beyond those
2 EPA notes that the Agency may not have
received the submissions until after the date of the
cover letter.
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imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because SIP approvals are
exempted under Executive Order 12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIPs subject to these actions, with
the exception of the South Carolina SIP,
are not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law. With respect to the
South Carolina SIP, EPA notes that the
Catawba Indian Nation Reservation is
located within South Carolina, and
pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 27–16–
120, ‘‘all state and local environmental
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laws and regulations apply to the
Catawba Indian Nation and Reservation
and are fully enforceable by all relevant
state and local agencies and
authorities.’’ Thus, the South Carolina
SIP applies to the Catawba Reservation;
however, because the action related to
South Carolina is not approving any
specific rule into the South Carolina
SIP, but rather finding that the State’s
already approved SIP meets certain
CAA requirements, EPA has determined
that there are no substantial direct
effects on the Catawba Indian Nation.
EPA has also determined that the action
related to South Carolina’s SIP will not
impose any substantial direct costs on
tribal governments or preempt tribal
law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 26, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
48389
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Volatile organic compounds.
Dated: September 13, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 the entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
110(a)(1) and (2) InfrastrucAlabama .................................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
Subpart K—Florida
3. Section 52.520(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
■
State submittal
date/effective
date
*
12/9/2015
EPA approval date
Explanation
*
9/25/2018, [Insert citation of
publication].
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
§ 52.520
*
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
Provision
State effective date
*
*
*
110(a)(1) and (2) Infrastruc10/15/2015 .............................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
Subpart L—Georgia
4. Section 52.570(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
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■
VerDate Sep<11>2014
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EPA approval
date
*
9/25/2018
Federal Register notice
*
[Insert citation of publication]
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
PO 00000
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§ 52.570
*
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
Identification of plan.
*
*
(e) * * *
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*
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic or
nonattainment area
*
*
*
110(a)(1) and (2) InfrastrucGeorgia ..................................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
Subpart S—Kentucky
5. Section 52.920(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
■
State submittal
date/effective
date
*
12/14/2015
EPA approval date
Explanation
*
9/25/2018, [Insert citation of
publication].
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
§ 52.920
*
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
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) InfrastrucKentucky ................................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
*
*
*
*
State submittal
date/effective
date
*
2/8/2016
EPA approval date
*
9/25/2018, [Insert citation of
publication].
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
*
Subpart Z—Mississippi
Explanations
§ 52.1270
*
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
Identification of plan.
*
*
(e) * * *
*
*
6. Section 52.1270(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
■
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
Applicable geographic or
nonattainment area
*
*
*
110(a)(1) and (2) InfrastrucMississippi ..............................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
Subpart II—North Carolina
7. Section 52.1770(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
■
State submittal
date/effective
date
*
12/8/2015
EPA approval date
Explanation
*
9/25/2018, [Insert citation of
publication].
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
§ 52.1770
*
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective date
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*
*
*
110(a)(1) and (2) Infrastruc12/4/2015 ...............................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
Subpart PP—South Carolina
8. Section 52.2120(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
■
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16:30 Sep 24, 2018
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EPA approval
date
*
9/25/2018
Federal Register citation
*
[Insert citation of publication]
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
PO 00000
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§ 52.2120
*
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
Identification of plan.
*
*
(e) * * *
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*
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
State effective
date
Provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS.
*
12/14/2015
EPA approval date
Explanation
*
*
9/25/2018, [Insert citation of publication].
*
*
Addressing Prongs 1 and 2 of section
110(a)(2)(D)(i)(I) only.
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
Subpart RR—Tennessee
9. Section 52.2220(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
■
48391
§ 52.2220
*
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) InfrastrucTennessee .............................
ture Requirements for the
2012 Annual PM2.5 NAAQS.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2002–0001; FRL–9984–
46—Region 8]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Eureka Mills Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 announces the
deletion of the Eureka Mills Superfund
Site (Site) located in Eureka, Utah, from
the National Priorities List (NPL). The
NPL, promulgated pursuant to section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Utah, through the Utah
Department of Environmental Quality
(UDEQ), have determined that all
appropriate response actions under
CERCLA, other than operation and
maintenance and five-year reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
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VerDate Sep<11>2014
16:30 Sep 24, 2018
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*
11/19/2015
EPA approval date
*
9/25/2018, [Insert citation of
publication].
This action is effective
September 25, 2018.
ADDRESSES: Docket: EPA has established
a docket for this action under Docket
Identification No. EPA–HQ–SFUND–
2002–0001. All documents in the docket
are listed on the https://
www.regulations.gov website. 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 in
https://www.regulations.gov or in hard
copy at: Eureka City Hall, 255 W Main
Street, Eureka, UT 84628; Phone: 435–
433–6915; Hours: M–Fri: 8:30 a.m.–5:00
p.m.
FOR FURTHER INFORMATION CONTACT:
Armando Saenz, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 8, EPR–SR, Denver, CO
80202, (303) 312–6559, email:
saenz.armando@epa.gov.
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Eureka Mills
Superfund Site, Eureka, Utah. A Notice
of Intent to Delete for this Site was
published in the Federal Register (83
FR 38672–38675) on August 7, 2018.
The closing date for comments on the
Notice of Intent to Delete was
September 6, 2018. Two comments were
received. One comment discusses air
pollution and air monitoring in China
and India. The other comment is about
DATES:
[FR Doc. 2018–20728 Filed 9–24–18; 8:45 am]
SUMMARY:
State effective
date
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Explanation
*
*
Addressing Prongs 1 and 2 of
section 110(a)(2)(D)(i)(I)
only.
air travel. These comments are not
germane to the proposed ruling. A
responsiveness summary was prepared
and placed in both the docket, EPA–
HQ–SFUND–2002–0001, on
www.regulations.gov, and in the local
repositories listed above.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion from the NPL
does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: September 17, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
E:\FR\FM\25SER1.SGM
25SER1
]]>Agencies
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48387-48391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20728]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0334; FRL-9984-36--Region 4]
Air Plan Approval; AL, FL, GA, KY, MS, NC, SC, TN; Interstate
Transport for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of State Implementation Plan (SIP)
submissions from Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee addressing the Clean Air
Act (CAA or Act) interstate transport infrastructure SIP requirements
for the 2012 Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards (NAAQS). The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, commonly referred to as
an ``infrastructure SIP.'' EPA is taking final action to approve the
interstate transport portions of these infrastructure SIPs for the
aforementioned states as demonstrating that air emissions in the states
do not significantly contribute to nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS in any other state.
DATES: This rule will be effective October 25, 2018.
ADDRESSES: EPA has established a docket for these actions under Docket
Identification No. EPA-R04-OAR-2016-0334. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
Mr. Wong can be reached by telephone at (404) 562-8726 or via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised the primary Annual
PM2.5 NAAQS to 12.0 micrograms per cubic meter ([mu]g/m\3\).
See 78 FR 3086 (January 15, 2013). An area meets the standard if the
three-year average of its annual average PM2.5 concentration
(at each monitoring site in the area) is less than or equal to 12.0
[mu]g/m\3\. States were required to submit infrastructure SIP
submissions for the 2012 Annual PM2.5 NAAQS to EPA no later
than December 14, 2015.
CAA section 110(a)(1) requires states to submit SIP revisions
within three years after promulgation of a new or revised NAAQS in
order to provide for the implementation, maintenance, and enforcement
of the new or revised NAAQS. CAA section 110(a)(2) outlines the
applicable requirements of such SIP submissions, which EPA has
historically referred to as ``infrastructure SIP'' submissions. Section
110(a)(2)
[[Page 48388]]
requires states to address basic SIP elements such as monitoring, basic
program requirements (e.g., permitting), and legal authority that are
designed to assure attainment and maintenance of the newly established
or revised NAAQS. Thus, section 110(a)(1) provides the procedural and
timing requirements for infrastructure SIPs, and section 110(a)(2)
lists specific elements that states must meet for the infrastructure
SIP requirements related to a newly established or revised NAAQS. The
contents of an infrastructure SIP submission may vary depending upon
the data and analytical tools available to the state, as well as the
provisions already contained in the state's implementation plan at the
time in which the state develops and submits the submission for a new
or revised NAAQS.
Section 110(a)(2)(D) has two subsections: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), require plans to prohibit any
source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions insuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.\1\
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\1\ EPA highlighted the statutory requirement to submit
infrastructure SIPs within three years of promulgation of a new
NAAQS in an October 2, 2007, guidance document entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
1997 8-hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' EPA has issued additional guidance documents and
memoranda, including a September 13, 2013, guidance document
entitled ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).''
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on August 9,
2018 (83 FR 39387), EPA proposed to approve the prong 1 and prong 2
portions of infrastructure SIP submissions transmitted under cover
letter by: Alabama (dated December 9, 2015); Florida (dated December
14, 2015); Georgia (dated December 14, 2015); Kentucky (dated February
8, 2016); Mississippi (dated December 8, 2015); North Carolina (dated
December 4, 2015); South Carolina (dated December 14, 2015); and
Tennessee (dated December 16, 2015), as demonstrating that these states
do not significantly contribute to nonattainment or interfere with
maintenance of the 2012 Annual PM2.5 NAAQS in any other
state.\2\ All other applicable infrastructure SIP requirements for
these SIP submissions have been or will be addressed in separate
rulemakings. The specific details of the SIP submissions and the
rationale for EPA's actions on prongs 1 and 2 are discussed in the
NPRM. Comments on the proposed rulemaking were due on or before August
30, 2018. EPA received three comments that are not relevant to the
proposed actions and one comment in support of the proposed actions.
These comments can be found in the docket for these actions.
---------------------------------------------------------------------------
\2\ EPA notes that the Agency may not have received the
submissions until after the date of the cover letter.
---------------------------------------------------------------------------
II. Final Action
EPA is taking final action to approve the portions of the
infrastructure SIP submissions transmitted under cover letter by:
Alabama (dated December 9, 2015); Florida (dated December 14, 2015);
Georgia (dated December 14, 2015); Kentucky (dated February 8, 2016);
Mississippi (dated December 8, 2015); North Carolina (dated December 4,
2015); South Carolina (dated December 14, 2015); and Tennessee (dated
December 16, 2015) addressing prongs 1 and 2 of section
110(a)(2)(D)(i)(I) for the 2012 Annual PM2.5 NAAQS. EPA is
taking final action to approve section 110(a)(2)(D)(i)(I) for the
aforementioned infrastructure SIP submissions for the 2012 Annual
PM2.5 NAAQS because the submissions are consistent with
section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIPs subject to these actions, with the exception of the South
Carolina SIP, are not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law. With respect to the
South Carolina SIP, EPA notes that the Catawba Indian Nation
Reservation is located within South Carolina, and pursuant to the
Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all
state and local environmental
[[Page 48389]]
laws and regulations apply to the Catawba Indian Nation and Reservation
and are fully enforceable by all relevant state and local agencies and
authorities.'' Thus, the South Carolina SIP applies to the Catawba
Reservation; however, because the action related to South Carolina is
not approving any specific rule into the South Carolina SIP, but rather
finding that the State's already approved SIP meets certain CAA
requirements, EPA has determined that there are no substantial direct
effects on the Catawba Indian Nation. EPA has also determined that the
action related to South Carolina's SIP will not impose any substantial
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 26, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Volatile organic compounds.
Dated: September 13, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.50(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
Subpart K--Florida
0
3. Section 52.520(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective EPA approval Federal Register
Provision date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 10/15/2015......... 9/25/2018 [Insert citation of Addressing Prongs 1
Requirements for the 2012 Annual publication]. and 2 of section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
Subpart L--Georgia
0
4. Section 52.570(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 48390]]
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Georgia............ 12/14/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
Subpart S--Kentucky
0
5. Section 52.920(e) is amended by adding the entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Kentucky........... 2/8/2016 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart Z--Mississippi
0
6. Section 52.1270(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Mississippi........ 12/8/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
Subpart II--North Carolina
0
7. Section 52.1770(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective EPA approval Federal Register
Provision date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 12/4/2015.......... 9/25/2018 [Insert citation of Addressing Prongs 1
Requirements for the 2012 Annual publication]. and 2 of section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
Subpart PP--South Carolina
0
8. Section 52.2120(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
[[Page 48391]]
----------------------------------------------------------------------------------------------------------------
State
Provision effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 12/14/2015 9/25/2018, [Insert Addressing Prongs 1 and 2
Requirements for the 2012 Annual PM2.5 citation of publication].. of section
NAAQS. 110(a)(2)(D)(i)(I) only.
----------------------------------------------------------------------------------------------------------------
Subpart RR--Tennessee
0
9. Section 52.2220(e) is amended by adding the entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee.......... 11/19/2015 9/25/2018, [Insert Addressing Prongs 1
Requirements for the 2012 Annual citation of and 2 of section
PM2.5 NAAQS. publication]. 110(a)(2)(D)(i)(I)
only.
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[FR Doc. 2018-20728 Filed 9-24-18; 8:45 am]
BILLING CODE 6560-50-P
