Air Plan Approval; GA and TN; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2, 22374-22376 [2019-10187]
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations
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reservist by the applicable percentage
based on the reservist’s training period
as follows:
(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
TABLE 1 TO PARAGRAPH (a)(2)(i)
referred to as an ‘‘infrastructure SIP.’’
Percentage of Specifically, EPA is approving these SIP
Training
monthly rate
revisions addressing prongs 1 and 2 to
payable
ensure that air emissions in each of
First six months of training ...
75 these two states do not significantly
contribute to nonattainment or interfere
Second six months of training .....................................
55 with maintenance of the 2010 1-hour
Remaining pursuit of training
35 NO2 NAAQS in any other state.
DATES: This rule is effective June 17,
(ii) Full-time training will consist of
2019.
the number of hours which constitute
ADDRESSES: EPA has established dockets
the standard workweek of the training
for these actions under Docket
establishment, but not less than 30
Identification Nos. EPA–R04–OAR–
hours unless a lesser number of hours
2018–0720 and EPA–R04–OAR–2018–
is established as the standard workweek 0759. All documents in these dockets
for the particular establishment through are listed on the www.regulations.gov
bona fide collective bargaining between website. Although listed in the index,
employers and employees.
some information may not be publicly
(3) Cooperative training. The monthly available, i.e., Confidential Business
rate of basic educational assistance
Information or other information whose
payable to a reservist pursuing
disclosure is restricted by statute.
cooperative training will be equal to the Certain other material, such as
applicable full-time monthly rate
copyrighted material, is not placed on
determined in paragraph (a)(1) of this
the internet and will be publicly
section.
available only in hard copy form.
Publicly available docket materials are
(Authority: 10 U.S.C. 16131)
available either electronically through
*
*
*
*
*
www.regulations.gov or in hard copy at
[FR Doc. 2019–10245 Filed 5–16–19; 8:45 am]
the Air Regulatory Management Section,
BILLING CODE 8320–01–P
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the Air, Pesticides and Toxics
ENVIRONMENTAL PROTECTION
Management Division), U.S.
AGENCY
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
40 CFR Part 52
Georgia 30303–8960. EPA requests that
[EPA–R04–OAR–2018–0720, EPA–R04–
if at all possible, you contact the person
OAR–2018–0759; FRL–9993–71–Region 4]
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
Air Plan Approval; GA and TN;
inspection. The Regional Office’s
Interstate Transport (Prongs 1 and 2)
official hours of business are Monday
for the 2010 1-Hour NO2 Standard
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
AGENCY: Environmental Protection
Agency (EPA).
FOR FURTHER INFORMATION CONTACT:
Evan Adams of the Air Regulatory
ACTION: Final rule.
Management Section, Air Planning and
SUMMARY: The Environmental Protection Implementation Branch, Air and
Agency (EPA) is approving State
Radiation Division, U.S. Environmental
Implementation Plan (SIP) revisions
Protection Agency, Region 4, 61 Forsyth
submitted by the State of Georgia,
Street SW, Atlanta, Georgia 30303–8960.
through the Georgia Environmental
Mr. Adams can be reached by phone at
Protection Division (Georgia EPD), via a (404) 562–9009 or via electronic mail at
letter dated July 24, 2018, and the State
adams.evan@epa.gov.
of Tennessee, through the Tennessee
SUPPLEMENTARY INFORMATION:
Department of Environment &
I. Background
Conservation (TDEC), via a letter dated
May 14, 2018, for the purpose of
On January 22, 2010, EPA established
addressing the Clean Air Act (CAA or
a new 1-hour primary NAAQS for NO2
Act) ‘‘good neighbor’’ interstate
at a level of 100 parts per billion (ppb),
transport (prongs 1 and 2) infrastructure based on a 3-year average of the 98th
SIP requirements for the 2010 1-hour
percentile of the yearly distribution of 1Nitrogen Dioxide (NO2) National
hour daily maximum concentrations.
Ambient Air Quality Standard
See 75 FR 6474 (February 9, 2010). This
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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. For comprehensive
information on the 2010 1-hour NO2
NAAQS, please refer to the February 9,
2010, Federal Register notice. See 75 FR
6474.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This particular type of SIP
submission is commonly referred to as
an ‘‘infrastructure SIP.’’ These
submissions must meet the various
requirements of CAA section 110(a)(2),
as applicable. Due to ambiguity in some
of the language of CAA section
110(a)(2), EPA believes that it is
appropriate to interpret these provisions
in the specific context of acting on
infrastructure SIP submissions. EPA has
previously provided comprehensive
guidance on the application of these
provisions through a guidance
document for infrastructure SIP
submissions and through regional
actions on infrastructure submissions.
Unless otherwise noted below, EPA is
following that existing approach in
acting on this submission. In addition,
in the context of acting on such
infrastructure submissions, EPA
evaluates the submitting state’s
implementation plan for compliance
with statutory and regulatory
requirements, not for the state’s
implementation of its SIP. EPA has
other authority to address any issues
concerning a state’s implementation of
the regulations that comprise its SIP.
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
SIPs. 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). EPA sometimes refers to
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations
the prong 1 and prong 2 conjointly as
the ‘‘good neighbor’’ provision of the
CAA. 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.
EPA’s most recent infrastructure SIP
guidance, the September 13, 2013,
‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1)
and 110(a)(2),’’ did not explicitly
include criteria for how the Agency
would evaluate infrastructure SIP
submissions intended to address section
110(a)(2)(D)(i)(I). With respect to certain
pollutants, such as ozone and
particulate matter (PM), EPA has
addressed interstate transport in eastern
states in the context of regional
rulemaking actions that quantify state
emission reduction obligations. For
NO2, EPA has considered available
information from states such as current
air quality, emissions data and trends,
and regulatory provisions that control
source emissions to determine whether
emissions from one state interfere with
the attainment or maintenance of the
NAAQS in another state. EPA’s actions
on Georgia’s and Tennessee’s CAA
section 110(a)(2)(D)(i)(I) interstate
transport SIP revisions for the 2010 NO2
NAAQS are informed by these
considerations.
In notices of proposed rulemaking
(NPRMs) for Georgia (published on
March 11, 2019, at 84 FR 8645), and
Tennessee (published on March 11,
2019, at 84 FR 8643), EPA proposed to
approve the Georgia and Tennessee SIP
submissions on the basis that their SIPs
adequately address prong 1 and prong 2
requirements for the 2010 1-hour NO2
NAAQS. The details of the Georgia and
Tennessee submissions and the
rationale for EPA’s actions are explained
in the NPRMs.1
Comments on both proposed
rulemakings were due on or before April
10, 2019. EPA received no comments on
the NPRM related to the Georgia
submittal and one comment on the
NPRM related to the Tennessee
1 EPA notes that it is only making a determination
that the States’ already-approved SIPs meet certain
CAA requirements. EPA is not approving or
removing any rules from the Georgia or Tennessee
SIP.
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submittal.2 The sole comment on the
Tennessee submittal is not a significant
comment requiring a response because
it is generalized and unsupported.3
II. Final Actions
As described above, EPA is approving
the infrastructure SIP submissions
transmitted under cover letter by the
Georgia EPD on July 24, 2018, and TDEC
on May 14, 2018, addressing prongs 1
and 2 of section 110(a)(2)(D)(i)(I) for the
2010 1-hour NO2 NAAQS. EPA is
approving these infrastructure SIP
revisions because they 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.);
2 The comment on the Tennessee submittal is
located in the docket for this action.
3 See, e.g., Home Box Office, Inc. v. FCC, 567 F.2d
9, 35 n.58 (D.C. Cir. 1977) (citing Portland Cement
Ass’n v. Ruckelshaus, 486 F.2d 375, 393–94 (D.C.
Cir. 1973) (‘‘In determining what points are
significant, the ‘arbitrary and capricious’ standard
of review must be kept in mind. Thus only
comments which, if true, raise points relevant to the
agency’s decision and which, if adopted, would
require a change in an agency’s proposed rule cast
doubt on the reasonableness of a position taken by
the agency. Moreover, comments which themselves
are purely speculative and do not disclose the
factual or policy basis on which they rest require
no response. There must be some basis for thinking
a position taken in opposition to the agency is
true.’’); Public Citizen, Inc. v. FAA, 988 F.2d. 186,
197 (D.C. Cir. 1993) (citing Home Box Office, Inc.
v. FCC, 567 F.2d 9, 35 n.58 (D.C. Cir. 1977)) (‘‘We
reiterate that to require response by the agency,
comments must do more than simply state that the
agency’s premises or conclusions are wrong; they
must explain why and on what basis the agency
assertedly has erred.’’).
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• 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 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, these rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will they 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 these actions 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. These actions are not
‘‘major rules’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of these
actions must be filed in the United
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States Court of Appeals for the
appropriate circuit by July 16, 2019.
Filing a petition for reconsideration by
the Administrator of these final rules
does not affect the finality of these
actions 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 rules
or actions. These actions may not be
challenged later in proceedings to
enforce their requirements. See section
307(b)(2).
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: May 6, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
Subpart L—Georgia
2. In § 52.570, paragraph (e) is
amended by adding an 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:
■
§ 52.570
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.
Applicable geographic
or nonattainment area
State submittal
date/effective
date
*
Georgia ......................
*
07/24/18
EPA approval date
*
*
5/17/19 [Insert citation of
publication].
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS’’ at the end of the table to read
as follows:
Subpart RR—Tennessee
3. In § 52.2220, paragraph (e) is
amended by adding an entry for
■
§ 52.2220
*
Explanation
*
Addressing Prongs 1 and
2 of section
110(a)(2)(D)(i) only.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP provision
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.
[FR Doc. 2019–10187 Filed 5–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0801; FRL–9993–75–
Region 10]
Air Plan Approval; OR; 2015 Ozone
NAAQS Interstate Transport
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
SUMMARY:
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Applicable geographic
or nonattainment area
State effective
date
Tennessee .................
05/14/18
EPA approval date
5/17/19 [Insert citation of
publication].
other states. On September 25, 2018, the
State of Oregon made a submission to
the Environmental Protection Agency
(EPA) to address these requirements for
the 2015 ozone National Ambient Air
Quality Standards (NAAQS). The EPA is
approving the submission as meeting
the requirement that each SIP contain
adequate provisions to prohibit
emissions that will significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in any other state.
DATES: This action is effective on June
17, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0801. 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, e.g., CBI or other information
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Explanation
Addressing Prongs 1 and
2 of section
110(a)(2)(D)(i) only.
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Claudia Vaupel, (206) 553–6121,
vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
On March 5, 2019, the EPA proposed
to approve Oregon’s September 25, 2018
submittal as meeting the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2015 ozone
NAAQS (84 FR 7854). An explanation of
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[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22374-22376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10187]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0720, EPA-R04-OAR-2018-0759; FRL-9993-71-Region 4]
Air Plan Approval; GA and TN; 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 approving State
Implementation Plan (SIP) revisions submitted by the State of Georgia,
through the Georgia Environmental Protection Division (Georgia EPD),
via a letter dated July 24, 2018, and the State of Tennessee, through
the Tennessee Department of Environment & Conservation (TDEC), via a
letter dated May 14, 2018, for the purpose of addressing the Clean Air
Act (CAA or Act) ``good neighbor'' 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
approving these SIP revisions addressing prongs 1 and 2 to ensure that
air emissions in each of these two states do not significantly
contribute to nonattainment or interfere with maintenance of the 2010
1-hour NO2 NAAQS in any other state.
DATES: This rule is effective June 17, 2019.
ADDRESSES: EPA has established dockets for these actions under Docket
Identification Nos. EPA-R04-OAR-2018-0720 and EPA-R04-OAR-2018-0759.
All documents in these dockets 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 and Radiation
Division (formerly the 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: Evan Adams of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can be
reached by phone at (404) 562-9009 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 22, 2010, EPA established a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), 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.
For comprehensive information on the 2010 1-hour NO2 NAAQS,
please refer to the February 9, 2010, Federal Register notice. See 75
FR 6474.
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity
in some of the language of CAA section 110(a)(2), EPA believes that it
is appropriate to interpret these provisions in the specific context of
acting on infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions. Unless otherwise noted
below, EPA is following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's
implementation plan for compliance with statutory and regulatory
requirements, not for the state's implementation of its SIP. EPA has
other authority to address any issues concerning a state's
implementation of the regulations that comprise its SIP.
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 SIPs. 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). EPA sometimes refers to
[[Page 22375]]
the prong 1 and prong 2 conjointly as the ``good neighbor'' provision
of the CAA. 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.
EPA's most recent infrastructure SIP guidance, the September 13,
2013, ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' did
not explicitly include criteria for how the Agency would evaluate
infrastructure SIP submissions intended to address section
110(a)(2)(D)(i)(I). With respect to certain pollutants, such as ozone
and particulate matter (PM), EPA has addressed interstate transport in
eastern states in the context of regional rulemaking actions that
quantify state emission reduction obligations. For NO2, EPA
has considered available information from states such as current air
quality, emissions data and trends, and regulatory provisions that
control source emissions to determine whether emissions from one state
interfere with the attainment or maintenance of the NAAQS in another
state. EPA's actions on Georgia's and Tennessee's CAA section
110(a)(2)(D)(i)(I) interstate transport SIP revisions for the 2010
NO2 NAAQS are informed by these considerations.
In notices of proposed rulemaking (NPRMs) for Georgia (published on
March 11, 2019, at 84 FR 8645), and Tennessee (published on March 11,
2019, at 84 FR 8643), EPA proposed to approve the Georgia and Tennessee
SIP submissions on the basis that their SIPs adequately address prong 1
and prong 2 requirements for the 2010 1-hour NO2 NAAQS. The
details of the Georgia and Tennessee submissions and the rationale for
EPA's actions are explained in the NPRMs.\1\
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\1\ EPA notes that it is only making a determination that the
States' already-approved SIPs meet certain CAA requirements. EPA is
not approving or removing any rules from the Georgia or Tennessee
SIP.
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Comments on both proposed rulemakings were due on or before April
10, 2019. EPA received no comments on the NPRM related to the Georgia
submittal and one comment on the NPRM related to the Tennessee
submittal.\2\ The sole comment on the Tennessee submittal is not a
significant comment requiring a response because it is generalized and
unsupported.\3\
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\2\ The comment on the Tennessee submittal is located in the
docket for this action.
\3\ See, e.g., Home Box Office, Inc. v. FCC, 567 F.2d 9, 35 n.58
(D.C. Cir. 1977) (citing Portland Cement Ass'n v. Ruckelshaus, 486
F.2d 375, 393-94 (D.C. Cir. 1973) (``In determining what points are
significant, the `arbitrary and capricious' standard of review must
be kept in mind. Thus only comments which, if true, raise points
relevant to the agency's decision and which, if adopted, would
require a change in an agency's proposed rule cast doubt on the
reasonableness of a position taken by the agency. Moreover, comments
which themselves are purely speculative and do not disclose the
factual or policy basis on which they rest require no response.
There must be some basis for thinking a position taken in opposition
to the agency is true.''); Public Citizen, Inc. v. FAA, 988 F.2d.
186, 197 (D.C. Cir. 1993) (citing Home Box Office, Inc. v. FCC, 567
F.2d 9, 35 n.58 (D.C. Cir. 1977)) (``We reiterate that to require
response by the agency, comments must do more than simply state that
the agency's premises or conclusions are wrong; they must explain
why and on what basis the agency assertedly has erred.'').
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II. Final Actions
As described above, EPA is approving the infrastructure SIP
submissions transmitted under cover letter by the Georgia EPD on July
24, 2018, and TDEC on May 14, 2018, addressing prongs 1 and 2 of
section 110(a)(2)(D)(i)(I) for the 2010 1-hour NO2 NAAQS.
EPA is approving these infrastructure SIP revisions because they 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 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, these rules
do not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United
[[Page 22376]]
States Court of Appeals for the appropriate circuit by July 16, 2019.
Filing a petition for reconsideration by the Administrator of these
final rules does not affect the finality of these actions 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 rules or actions. These actions may not be
challenged later in proceedings to enforce their 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: May 6, 2019.
Mary S. Walker,
Acting 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 L--Georgia
0
2. In Sec. 52.570, paragraph (e) is amended by adding an 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. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA approval date Explanation
provision or nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Georgia.............. 07/24/18 5/17/19 [Insert citation of Addressing Prongs 1 and 2 of section
Requirements for the 2010 1-hour publication]. 110(a)(2)(D)(i) only.
NO2 NAAQS.
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Subpart RR--Tennessee
0
3. In Sec. 52.2220, paragraph (e) is amended by adding an 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. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
provision or nonattainment area effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure Tennessee............ 05/14/18 5/17/19 [Insert citation of Addressing Prongs 1 and 2 of section
Requirements for the 2010 1-hour publication]. 110(a)(2)(D)(i) only.
NO2 NAAQS.
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[FR Doc. 2019-10187 Filed 5-16-19; 8:45 am]
BILLING CODE 6560-50-P
