Air Plan Approval; AL and SC: Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 6808-6810 [2020-01581]
Download as PDF
<![CDATA[
6808
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
lotter on DSKBCFDHB2PROD with RULES
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
We did not receive any comments
from Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, U.S.
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have made a determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This rule promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
paragraph L49, of Chapter 3, Table 3–1
of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.1087 by adding
paragraph (a)(4) to read as follows:
■
§ 117.1087
Fox River.
(a) * * *
(4) The Main Street Bridge, mile 1.58,
the Walnut Street Bridge, mile 1.81, and
the Tilleman Memorial Bridge, mile
2.27, are operated remotely.
*
*
*
*
*
Dated: January 24, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard Commander,
Ninth Coast Guard District.
[FR Doc. 2020–01767 Filed 2–5–20; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0014; FRL–10004–
68–Region 4]
Air Plan Approval; AL and SC:
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
the Alabama and South Carolina State
Implementation Plan (SIP) submissions
provided on August 20, 2018, and
September 7, 2018, respectively, for
inclusion into their respective SIPs.
These approvals pertain to the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 8hour ozone national ambient air quality
standard (NAAQS). Whenever EPA
promulgates a new or revised NAAQS,
the CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA. Alabama and
South Carolina certified that their SIPs
contain provisions that ensure the 2015
8-hour ozone NAAQS is implemented,
enforced, and maintained in their State.
EPA has determined that Alabama and
South Carolina infrastructure SIP
submissions satisfy certain required
infrastructure elements for the 2015 8hour ozone NAAQS.
DATES: This rule will be effective March
9, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0014. All documents in the docket
are listed on the 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 through
www.regulations.gov or in hard copy at
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. EPA requests that
if at all possible, you contact the person
SUMMARY:
E:\FR\FM\06FER1.SGM
06FER1
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, 30303–8960. Mr.
Lakeman can be reached via electronic
mail at lakeman.sean@epa.gov or via
telephone at (404) 562–9043.
SUPPLEMENTARY INFORMATION:
I. Background
lotter on DSKBCFDHB2PROD with RULES
On October 1, 2015 (published
October 26, 2015, see 80 FR 65292), EPA
promulgated a revised primary and
secondary NAAQS for ozone, revising
the 8-hour ozone standards from 0.075
parts per million (ppm) to a new more
protective level of 0.070 ppm. Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIP revisions
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires 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 NAAQS. This particular type of SIP
is commonly referred to as an
‘‘infrastructure SIP.’’ States were
required to submit such SIPs for the
2015 8-hour ozone NAAQS to EPA no
later than October 1, 2018.1
This action is approving Alabama’s
August 20, 2018,2 SIP revision provided
to EPA through the Alabama
Department of Environmental
Management (ADEM) and South
Carolina’s September 7, 2018, SIP
revision provided to EPA through the
Department of Health and
Environmental Control (DEHC), for the
applicable infrastructure SIP
requirements of the 2015 8-hour ozone
NAAQS, with the exception of the
interstate transport provisions of section
110(a)(2)(D)(i)(I), pertaining to
1 In these infrastructure SIP submissions States
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be
appropriate for demonstrating compliance with
sections 110(a)(1) and (2).
2 The August 20, 2018, SIP submission provided
by ADEM was received by EPA on August 27, 2018.
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
contribution to nonattainment or
interference with maintenance in other
states. With respect to the interstate
transport provisions of section
110(a)(2)(D)(i)(I), EPA will address these
provisions in separate rulemaking
actions.
In a notice of proposed rulemaking
(NPRM) published on November 26,
2019 (84 FR 65051), EPA proposed to
approve the Alabama and South
Carolina SIP submissions provided on
August 20, 2018 and September 7, 2018
respectively, for the certain applicable
infrastructure SIP requirements of the
2015 8-hour ozone NAAQS. The NPRM
provides additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before December 26, 2019.
EPA received no adverse comments on
the NPRM.
II. Final Action
With the exception of interstate
transport provisions pertaining to
contribution to nonattainment or
interference with maintenance in other
states of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA is approving
Alabama’s August 20, 2018 and South
Carolina’s September 7, 2018, SIP
submissions for the 2015 8-hour ozone
NAAQS. EPA is approving Alabama’s
and South Carolina’s infrastructure SIP
submissions for certain infrastructure
elements for the 2015 8-hour ozone
NAAQS because these elements 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
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
6809
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 (Public Law 104–4);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not an 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 Alabama 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.
Because this SIP action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law, this SIP action for
the State of South Carolina does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). Therefore, this
action will not impose substantial direct
costs on Tribal governments or preempt
Tribal law. The Catawba Indian Nation
(CIN) Reservation is located within the
boundary of York County, South
Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, S.C. Code
Ann. 27–16–120 (Settlement Act), ‘‘all
state and local environmental laws and
regulations apply to the [Catawba Indian
Nation] and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’ The CIN
also retains authority to impose
E:\FR\FM\06FER1.SGM
06FER1
6810
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
regulations applying higher
environmental standards to the
Reservation than those imposed by state
law or local governing bodies, in
accordance with the Settlement Act.
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 April 6, 2020. 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, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: January 15, 2020.
Mary S. Walker,
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 entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2015
8-Hour Ozone 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) Infrastructure
Requirements for the 2015 8Hour Ozone NAAQS.
*
Alabama ...........
Subpart PP—South Carolina
3. Section 52.2120(e) is amended by
adding entry ‘‘110(a)(1) and (2)
■
State
submittal date/
effective date
*
8/27/2018
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour Ozone
NAAQS.
[FR Doc. 2020–01581 Filed 2–5–20; 8:45 am]
BILLING CODE 6560–50–P
Explanation
*
2/6/2020 [Insert Federal Register
citation].
*
*
With
the
exception
of
110(a)(2)(D)(i)(I) (prongs 1 and
2).
Infrastructure Requirements for the 2015
8-Hour Ozone NAAQS’’ at the end of
the table to read as follows:
State
effective
date
Provision
EPA approval date
*
9/7/2018
lotter on DSKBCFDHB2PROD with RULES
*
*
*
With the exception of 110(a)(2)(D)(i)(I)
(prongs 1 and 2).
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PO 00000
*
*
*
2/6/2020 [Insert Federal Register citation].
Oklahoma: Incorporation by Reference
of Approved State Hazardous Waste
Management Program
Jkt 250001
Identification of plan.
*
*
(e) * * *
Explanation
[EPA–R06–RCRA–2019–0343; FRL–10001–
54–Region 6]
19:34 Feb 05, 2020
*
EPA
approval
date
40 CFR Part 272
VerDate Sep<11>2014
§ 52.2120
Frm 00078
Fmt 4700
Sfmt 4700
This rule codifies in the
regulations the prior approval of
Oklahoma’s hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s statutes and regulations. The
Environmental Protection Agency (EPA)
uses the regulations entitled ‘‘Approved
State Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that are authorized and that
SUMMARY:
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6808-6810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01581]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0014; FRL-10004-68-Region 4]
Air Plan Approval; AL and SC: Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of the Alabama and South Carolina State Implementation Plan
(SIP) submissions provided on August 20, 2018, and September 7, 2018,
respectively, for inclusion into their respective SIPs. These approvals
pertain to the infrastructure requirements of the Clean Air Act (CAA or
Act) for the 2015 8-hour ozone national ambient air quality standard
(NAAQS). Whenever EPA promulgates a new or revised NAAQS, the CAA
requires that each state adopt and submit a SIP for the implementation,
maintenance and enforcement of each NAAQS promulgated by EPA. Alabama
and South Carolina certified that their SIPs contain provisions that
ensure the 2015 8-hour ozone NAAQS is implemented, enforced, and
maintained in their State. EPA has determined that Alabama and South
Carolina infrastructure SIP submissions satisfy certain required
infrastructure elements for the 2015 8-hour ozone NAAQS.
DATES: This rule will be effective March 9, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0014. All documents in the docket
are listed on the 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 through www.regulations.gov or in hard
copy at 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. EPA requests that if at all possible, you contact the
person
[[Page 6809]]
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, 30303-8960. Mr. Lakeman can be reached via
electronic mail at [email protected] or via telephone at (404) 562-
9043.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015 (published October 26, 2015, see 80 FR 65292),
EPA promulgated a revised primary and secondary NAAQS for ozone,
revising the 8-hour ozone standards from 0.075 parts per million (ppm)
to a new more protective level of 0.070 ppm. Pursuant to section
110(a)(1) of the CAA, states are required to submit SIP revisions
meeting the applicable requirements of section 110(a)(2) within three
years after promulgation of a new or revised NAAQS or within such
shorter period as EPA may prescribe. Section 110(a)(2) requires 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 NAAQS. This particular type of
SIP is commonly referred to as an ``infrastructure SIP.'' States were
required to submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no
later than October 1, 2018.\1\
---------------------------------------------------------------------------
\1\ In these infrastructure SIP submissions States generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2).
---------------------------------------------------------------------------
This action is approving Alabama's August 20, 2018,\2\ SIP revision
provided to EPA through the Alabama Department of Environmental
Management (ADEM) and South Carolina's September 7, 2018, SIP revision
provided to EPA through the Department of Health and Environmental
Control (DEHC), for the applicable infrastructure SIP requirements of
the 2015 8-hour ozone NAAQS, with the exception of the interstate
transport provisions of section 110(a)(2)(D)(i)(I), pertaining to
contribution to nonattainment or interference with maintenance in other
states. With respect to the interstate transport provisions of section
110(a)(2)(D)(i)(I), EPA will address these provisions in separate
rulemaking actions.
---------------------------------------------------------------------------
\2\ The August 20, 2018, SIP submission provided by ADEM was
received by EPA on August 27, 2018.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on November 26,
2019 (84 FR 65051), EPA proposed to approve the Alabama and South
Carolina SIP submissions provided on August 20, 2018 and September 7,
2018 respectively, for the certain applicable infrastructure SIP
requirements of the 2015 8-hour ozone NAAQS. The NPRM provides
additional detail regarding the background and rationale for EPA's
action. Comments on the NPRM were due on or before December 26, 2019.
EPA received no adverse comments on the NPRM.
II. Final Action
With the exception of interstate transport provisions pertaining to
contribution to nonattainment or interference with maintenance in other
states of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA is approving
Alabama's August 20, 2018 and South Carolina's September 7, 2018, SIP
submissions for the 2015 8-hour ozone NAAQS. EPA is approving Alabama's
and South Carolina's infrastructure SIP submissions for certain
infrastructure elements for the 2015 8-hour ozone NAAQS because these
elements 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 (Public Law 104-4);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an 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 Alabama 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.
Because this SIP action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law, this SIP action for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action
will not impose substantial direct costs on Tribal governments or
preempt Tribal law. The Catawba Indian Nation (CIN) Reservation is
located within the boundary of York County, South Carolina. Pursuant to
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120
(Settlement Act), ``all state and local environmental laws and
regulations apply to the [Catawba Indian Nation] and Reservation and
are fully enforceable by all relevant state and local agencies and
authorities.'' The CIN also retains authority to impose
[[Page 6810]]
regulations applying higher environmental standards to the Reservation
than those imposed by state law or local governing bodies, in
accordance with the Settlement Act.
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 April 6, 2020. 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, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 15, 2020.
Mary S. Walker,
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 entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2015 8-Hour Ozone NAAQS'' at the
end of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal date/
provision or nonattainment area effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Alabama................ 8/27/2018 2/6/2020 [Insert With the exception
Infrastructure Requirements Federal Register of
for the 2015 8-Hour Ozone citation]. 110(a)(2)(D)(i)(I
NAAQS. ) (prongs 1 and
2).
----------------------------------------------------------------------------------------------------------------
Subpart PP--South Carolina
0
3. Section 52.2120(e) is amended by adding entry ``110(a)(1) and (2)
Infrastructure Requirements for the 2015 8-Hour Ozone NAAQS'' at the
end of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Provision effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 9/7/2018 2/6/2020 [Insert Federal With the exception of
Requirements for the 2015 8-Hour Ozone Register citation]. 110(a)(2)(D)(i)(I)
NAAQS. (prongs 1 and 2).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-01581 Filed 2-5-20; 8:45 am]
BILLING CODE 6560-50-P
