Air Plan Approval; GA and NC: Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 14147-14150 [2020-04855]
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Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Rules and Regulations
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 11, 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).
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection,
Incorporation by reference, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Subpart L—Georgia
2. In § 52.570 amend the table in
paragraph (c), by revising the entry for
‘‘391–3–1–.02(2)(kkk)’’ under ‘‘Emission
Standards’’ to read as follows:
■
Dated: February 24, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
§ 52.570
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
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(c) * * *
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1. The authority citation for part 52
continues to read as follows:
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EPA APPROVED GEORGIA REGULATIONS
State citation
State
effective
date
Title/subject
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391–3–1–.02(2) ...............................
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391–3–1-.02(2)(kkk) ........................
*
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*
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VOC Emissions from Aerospace
Manufacturing and Rework Facilities.
*
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[FR Doc. 2020–04654 Filed 3–10–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0503; FRL–10006–
32–Region 4]
Air Plan Approval; GA and NC:
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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submit a SIP submission to establish
that state’s implementation plan meets
infrastructure requirements for the
implementation, maintenance, and
enforcement of each such NAAQS.
Georgia and North Carolina each made
the required SIP submissions to assure
that their SIPs contain provisions that
ensure the 2015 8-hour ozone NAAQS
is implemented, enforced, and
maintained in their State. EPA has in
this action determined that the Georgia
and North Carolina infrastructure SIP
submissions satisfy certain required
infrastructure elements for the 2015 8hour ozone NAAQS.
DATES:
This rule is effective April 10,
2020.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0503. 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.
ADDRESSES:
The Environmental Protection
Agency (EPA) is approving portions of
the Georgia and North Carolina State
Implementation Plan (SIP) submissions
provided on September 24, 2018, and
September 27, 2018, respectively. The
submissions 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
SUMMARY:
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Explanation
Emission Standards
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EPA approval date
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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
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, Georgia 30303–8960.
Mr. Lakeman can be reached via
telephone at (404) 562–9043 or via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On October 1, 2015, EPA promulgated
revised primary and secondary NAAQS
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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. See 80 FR 65292 (October
26, 2015). Pursuant to section 110(a)(1)
of the CAA, states are required to make
a SIP submission 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
submission is commonly referred to as
an ‘‘infrastructure SIP.’’ EPA required
states to make these infrastructure SIP
submissions for the 2015 8-hour ozone
NAAQS no later than October 1, 2018.1
This action is approving Georgia’s
September 24, 2018, SIP submission
provided to EPA through the Georgia
Environmental Protection Division (GA
EPD), and North Carolina’s September
27, 2018,2 SIP submission provided to
EPA through the North Carolina
Department of Environmental Quality
(NC DEQ) with respect to most of the
applicable requirements of the 2015 8hour ozone NAAQS. In this action, EPA
is not acting upon the submissions with
respect to the interstate transport
provisions of section 110(a)(2)(D)(i)(I)
pertaining to contribution to
nonattainment or interference with
maintenance in other states, and the
prevention of significant deterioration
(PSD) provisions related to major
sources under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J). With
respect to the interstate transport
provisions of section 110(a)(2)(D)(i)(I)
and PSD provisions related to major
sources under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), and 110(a)(2)(J), EPA
is addressing these provisions in
separate rulemaking actions.
In a notice of proposed rulemaking
(NPRM) published on December 30,
2019 (84 FR 71866), EPA proposed to
approve Georgia and North Carolina SIP
submissions provided on September 24,
2018, and September 27, 2018,
respectively, for the applicable
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 SIP. In
addition, certain federally-approved, non-SIP
regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1)
and (2).
2 The September 27, 2018, SIP submission
provided by NC DEQ’s Division of Air Quality
(DAQ) was received by EPA on October 10, 2018.
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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 January 29, 2020.
II. Response to Comment
EPA received two comments on the
NPRM, one in support of the action and
one opposed to the action. Both
comments are included in the docket for
this final rule, and the adverse comment
is addressed below.
Comment: The Commenter states that
‘‘EPA fails to explain whether either
state has submitted an approved
Emergency Episode plan pursuant to
Subpart H under section 110(a)(2)(G).
Both states have at least one area that is
classified as Priority 1 for Hydrocarbons
under Part 52.571 or 52.1771, as they
apply to each state. EPA must explain
where these emergency episode plans
are in each states’ SIPs or disapprove
the States’ section 110(a)(2)(G)
submission.’’
Response: EPA disagrees with the
commenter. Section 110(a)(2)(G)
requires SIPs to ‘‘provide for authority
comparable to that in section 7603 [303]
of this title and adequate contingency
plans to implement such authority.’’
Section 303 of the CAA authorizes the
EPA Administrator to seek a court order
to restrain any source from causing or
contributing to emissions that present
an ‘‘imminent and substantial
endangerment to public health or
welfare, or the environment.’’ EPA’s
September 13, 2013 ‘‘Guidance on
Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act
Sections 110(a)(1) and 110(a)(2),’’
explains that EPA interprets section
110(a)(2)(G) to impose two requirements
for purposes of an infrastructure SIP
submission.3 First, a state’s submission
should identify the relevant statutes or
regulations that provide the air agency
or official with authority comparable to
that of the EPA Administrator under
section 303.4 5 Second, the state’s
implementation plan is required to
include an adequate contingency plan to
3 See ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),’’
September 13, 2013, p. 47.
4 EPA explains that the best practice is for the
statutory or regulatory provisions that provide
authority comparable to section 303 to be included
in the SIP, but provides that an air agency may
choose not to include such provision in the SIP, in
which case the submission should provide a
reference or citation to the authority provisions,
along with a narrative explanation of how they meet
the requirements of this element.
5 A discussion of how Georgia and North Carolina
have authority comparable to CAA section 303 is
found in the NPRM at 84 FR 71872.
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meet the requirements of 40 CFR part
51, subpart H.
The Commenter expresses concern
about the states’ compliance with the
second 110(a)(2)(G) requirement—an
adequate contingency plan to meet the
requirements of 40 CFR part 51, subpart
H. Specifically, the Commenter
questions whether the Georgia and
North Carolina SIPs contain the
required subpart H emergency episode
plan and contends that EPA failed to
explain whether either state has such a
plan. In the NPRM at 84 FR 71872, EPA
cited to the emergency episodes and
contingency plan in Georgia’s existing
SIP, which is Air Quality Control Rule
391–3–1–.04, ‘‘Air Quality Control
Episodes.’’ This rule authorizes the GA
EPD Director to proclaim an air
pollution alert, warning, or emergency;
and authorizes the Director to require
the owner, operator or lessee of any
source to prepare, submit, and
implement a plan to reduce air
contaminants when notified of an air
pollution alert, warning, or emergency.
Similarly, EPA explained in the NPRM
at 84 FR 71872, that North Carolina’s
existing SIP contains an emergency
episode and contingency plan in 15A
NCAC 2D .0300, ‘‘Air Pollution
Emergencies.’’ This rule authorizes the
NC DEQ Director to proclaim an air
pollution alert, warning, or emergency;
requires larger source to develop actions
plans; lists other abatement measures;
and provides that such plans and
measures must be implemented when
an alert, warning or emergency has been
declared.
EPA notes that Georgia Air Quality
Control Rule 391–3–1–.04, ‘‘Air Quality
Control Episodes,’’ and North Carolina
15A NCAC 2D .0300, ‘‘Air Pollution
Emergencies’’ are already approved into
each state’s respective SIP.6 Thus,
contrary to Commenter’s assertion, EPA
identified each state’s SIP-approved
emergency episode plan in the NPRM.
The Commenter did not provide any
information to suggest that either
Georgia’s or North Carolina’s existing
SIP-approved rules were inadequate or
otherwise suggest that these states
lacked authority comparable to that in
CAA section 303.
III. Final Action
With the exception of interstate
transport provisions of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and
2) pertaining to contribution to
nonattainment or interference with
6 In footnote 3 of the NPRM (84 FR 71867), EPA
explained that regulations cited to in the NPRM as
Georgia’s Air Quality Control Rule and North
Carolina’s NCAC have been approved into the SIP,
unless otherwise indicated.
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maintenance in other states, and PSD
provisions related to major sources
under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), EPA is approving Georgia’s
and North Carolina’s September 24,
2018, and September 27, 2018, SIP
submissions for the 2015 8-hour ozone
NAAQS. EPA is approving Georgia’s
and North Carolina’s infrastructure SIP
submissions for certain requirements
related to the 2015 8-hour ozone
NAAQS because the submissions are
consistent with section 110 of the CAA.
IV. 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 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 SIPs subject to these actions 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.
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
14149
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 May 11, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 27, 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 L—Georgia
2. Section 52.570, is amended in
paragraph (e) by adding an entry for
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2015 8-Hour
Ozone NAAQS’’ at the end of the table
to read as follows:
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§ 52.570
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Identification of plan.
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(e) * * *
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EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
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Name of nonregulatory
SIP provision
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110(a)(1) and (2) Infrastructure Requirements for the 2015 8Hour Ozone NAAQS.
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geographic or
nonattainment
area
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State
submittal
date/effective
date
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EPA approval date
Explanation
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3/11/2020, [Insert citation With the exception of 110(a)(2)(D)(i)(I) (prongs 1
of publication].
and 2) and PSD provisions related to major
sources
under
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J).
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‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2015 8-Hour
Ozone NAAQS’’ at the end of the table
to read as follows:
Subpart II—North Carolina
3. Section 52.1770, is amended in
paragraph (e) by adding an entry for
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§ 52.1770
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Identification of plan.
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(e) * * *
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EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
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EPA
approval
date
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110(a)(1) and (2) Infrastructure Requirements
for the 2015 8-Hour
Ozone NAAQS.
*
9/27/2018
[FR Doc. 2020–04855 Filed 3–10–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2017–0629; FRL–10006–10–
OAR]
RIN 2060–AT81
Protection of Stratospheric Ozone:
Revisions to the Refrigerant
Management Program’s Extension to
Substitutes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Clean Air Act prohibits
knowingly venting or releasing ozonedepleting and substitute refrigerants in
the course of maintaining, servicing,
repairing, or disposing of appliances or
industrial process refrigeration. In 2016,
the EPA amended the regulatory
refrigerant management requirements
and extended requirements that
previously applied only to refrigerants
containing an ozone-depleting
substance to substitute refrigerants that
are subject to the venting prohibition
(i.e., those that have not been exempted
from that prohibition) such as
hydrofluorocarbons. Based on changes
to the legal interpretation that supported
that 2016 rule, this action revises some
of those requirements—specifically, the
appliance maintenance and leak repair
provisions—so they apply only to
equipment using refrigerant containing
an ozone-depleting substance.
DATES: This final rule is effective on
April 10, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0629. All
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SUMMARY:
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Federal Register
citation
*
3/11/2020
Explanation
*
[Insert citation of publication].
I. General Information
A. What is the National Recycling and
Emission Reduction Program?
Section 608 of the Clean Air Act
(CAA), titled ‘‘National Recycling and
Emission Reduction Program,’’ has three
main components. First, section 608(a)
requires the EPA to establish standards
and requirements regarding the use and
disposal of class I and class II
substances.1 The second component,
section 608(b), requires that the
regulations issued pursuant to
subsection (a) contain requirements for
the safe disposal of class I and class II
substances. The third component,
section 608(c), prohibits the knowing
venting, release, or disposal of ODS
1 A class I or class II substance is an ozonedepleting substance (ODS) listed at 40 CFR part 82,
subpart A, appendix A or appendix B, respectively.
This document refers to class I and class II
substances collectively as ozone-depleting
substances, or ODS.
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With the exception of 110(a)(2)(D)(i)(I) (prongs 1 and
2) and PSD provisions related to major sources
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3), and 110(a)(2)(J).
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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. All other publicly available docket
materials are available electronically
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jeremy Arling by regular mail: U.S.
Environmental Protection Agency,
Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue
NW, Washington, DC 20460; by
telephone: (202) 343–9055; or by email:
arling.jeremy@epa.gov. More
information can also be found at:
https://www.epa.gov/section608.
SUPPLEMENTARY INFORMATION:
PO 00000
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refrigerants 2 and their substitutes 3 in
the course of maintaining, servicing,
repairing, or disposing of appliances or
industrial process refrigeration (IPR).
The EPA refers to this third component
as the ‘‘venting prohibition.’’ Section
608(c)(1) establishes the venting
prohibition for ODS refrigerants
effective July 1, 1992, and it includes an
exemption from this prohibition for
‘‘[d]e minimis releases associated with
good faith attempts to recapture and
recycle or safely dispose’’ any such
substance. Section 608(c)(2) extends
608(c)(1) to substitute refrigerants,
effective November 15, 1995. Section
608(c)(2) also includes a provision that
allows the Administrator to exempt a
substitute refrigerant from the venting
prohibition if he or she determines that
such venting, release, or disposal of a
substitute refrigerant ‘‘does not pose a
threat to the environment.’’ 4
The EPA first issued regulations
under section 608 of the CAA on May
14, 1993 (58 FR 28660, ‘‘1993 Rule’’), to
establish the national refrigerant
management program for ODS
refrigerants recovered during the
service, repair, or disposal of airconditioning and refrigeration
appliances. The 1993 Rule required that
persons servicing air-conditioning and
refrigeration equipment containing ODS
refrigerants observe certain practices
that reduce emissions. It established
2 The term ‘‘ODS refrigerant’’ as used in this
document refers to any refrigerant or refrigerant
blend in which one or more of the components is
a class I or class II substance.
3 The term ‘‘substitute’’ is defined at § 82.152.
4 The EPA is using the term ‘‘non-exempt
substitute’’ in this document to refer to substitute
refrigerants that have not been exempted from the
venting prohibition under CAA section 608(c)(2)
and § 82.154(a) in the relevant end-use. Similarly,
the term ‘‘exempt substitute’’ refers to a substitute
refrigerant that has been exempted from the venting
prohibition under section 608(c)(2) and § 82.154(a)
in the relevant end-use. A few exempt substitutes
have been exempted from the venting prohibition
in all end-uses.
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[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Rules and Regulations]
[Pages 14147-14150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04855]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0503; FRL-10006-32-Region 4]
Air Plan Approval; GA and NC: 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 Georgia and North Carolina State Implementation Plan
(SIP) submissions provided on September 24, 2018, and September 27,
2018, respectively. The submissions 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 submission to establish that state's
implementation plan meets infrastructure requirements for the
implementation, maintenance, and enforcement of each such NAAQS.
Georgia and North Carolina each made the required SIP submissions to
assure that their SIPs contain provisions that ensure the 2015 8-hour
ozone NAAQS is implemented, enforced, and maintained in their State.
EPA has in this action determined that the Georgia and North Carolina
infrastructure SIP submissions satisfy certain required infrastructure
elements for the 2015 8-hour ozone NAAQS.
DATES: This rule is effective April 10, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0503. 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 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 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, Georgia 30303-8960. Mr. Lakeman can be
reached via telephone at (404) 562-9043 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On October 1, 2015, EPA promulgated revised primary and secondary
NAAQS
[[Page 14148]]
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. See 80 FR
65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to make a SIP submission 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
submission is commonly referred to as an ``infrastructure SIP.'' EPA
required states to make these infrastructure SIP submissions for the
2015 8-hour ozone NAAQS no later than October 1, 2018.\1\
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\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 SIP. In addition,
certain federally-approved, non-SIP regulations may also be
appropriate for demonstrating compliance with sections 110(a)(1) and
(2).
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This action is approving Georgia's September 24, 2018, SIP
submission provided to EPA through the Georgia Environmental Protection
Division (GA EPD), and North Carolina's September 27, 2018,\2\ SIP
submission provided to EPA through the North Carolina Department of
Environmental Quality (NC DEQ) with respect to most of the applicable
requirements of the 2015 8-hour ozone NAAQS. In this action, EPA is not
acting upon the submissions with respect to the interstate transport
provisions of section 110(a)(2)(D)(i)(I) pertaining to contribution to
nonattainment or interference with maintenance in other states, and the
prevention of significant deterioration (PSD) provisions related to
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J). With respect to the interstate transport provisions of
section 110(a)(2)(D)(i)(I) and PSD provisions related to major sources
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J), EPA
is addressing these provisions in separate rulemaking actions.
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\2\ The September 27, 2018, SIP submission provided by NC DEQ's
Division of Air Quality (DAQ) was received by EPA on October 10,
2018.
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In a notice of proposed rulemaking (NPRM) published on December 30,
2019 (84 FR 71866), EPA proposed to approve Georgia and North Carolina
SIP submissions provided on September 24, 2018, and September 27, 2018,
respectively, for the 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 January 29, 2020.
II. Response to Comment
EPA received two comments on the NPRM, one in support of the action
and one opposed to the action. Both comments are included in the docket
for this final rule, and the adverse comment is addressed below.
Comment: The Commenter states that ``EPA fails to explain whether
either state has submitted an approved Emergency Episode plan pursuant
to Subpart H under section 110(a)(2)(G). Both states have at least one
area that is classified as Priority 1 for Hydrocarbons under Part
52.571 or 52.1771, as they apply to each state. EPA must explain where
these emergency episode plans are in each states' SIPs or disapprove
the States' section 110(a)(2)(G) submission.''
Response: EPA disagrees with the commenter. Section 110(a)(2)(G)
requires SIPs to ``provide for authority comparable to that in section
7603 [303] of this title and adequate contingency plans to implement
such authority.'' Section 303 of the CAA authorizes the EPA
Administrator to seek a court order to restrain any source from causing
or contributing to emissions that present an ``imminent and substantial
endangerment to public health or welfare, or the environment.'' EPA's
September 13, 2013 ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' explains that EPA interprets section 110(a)(2)(G) to
impose two requirements for purposes of an infrastructure SIP
submission.\3\ First, a state's submission should identify the relevant
statutes or regulations that provide the air agency or official with
authority comparable to that of the EPA Administrator under section
303.4 5 Second, the state's implementation plan is required
to include an adequate contingency plan to meet the requirements of 40
CFR part 51, subpart H.
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\3\ See ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' September 13, 2013, p. 47.
\4\ EPA explains that the best practice is for the statutory or
regulatory provisions that provide authority comparable to section
303 to be included in the SIP, but provides that an air agency may
choose not to include such provision in the SIP, in which case the
submission should provide a reference or citation to the authority
provisions, along with a narrative explanation of how they meet the
requirements of this element.
\5\ A discussion of how Georgia and North Carolina have
authority comparable to CAA section 303 is found in the NPRM at 84
FR 71872.
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The Commenter expresses concern about the states' compliance with
the second 110(a)(2)(G) requirement--an adequate contingency plan to
meet the requirements of 40 CFR part 51, subpart H. Specifically, the
Commenter questions whether the Georgia and North Carolina SIPs contain
the required subpart H emergency episode plan and contends that EPA
failed to explain whether either state has such a plan. In the NPRM at
84 FR 71872, EPA cited to the emergency episodes and contingency plan
in Georgia's existing SIP, which is Air Quality Control Rule 391-3-
1-.04, ``Air Quality Control Episodes.'' This rule authorizes the GA
EPD Director to proclaim an air pollution alert, warning, or emergency;
and authorizes the Director to require the owner, operator or lessee of
any source to prepare, submit, and implement a plan to reduce air
contaminants when notified of an air pollution alert, warning, or
emergency. Similarly, EPA explained in the NPRM at 84 FR 71872, that
North Carolina's existing SIP contains an emergency episode and
contingency plan in 15A NCAC 2D .0300, ``Air Pollution Emergencies.''
This rule authorizes the NC DEQ Director to proclaim an air pollution
alert, warning, or emergency; requires larger source to develop actions
plans; lists other abatement measures; and provides that such plans and
measures must be implemented when an alert, warning or emergency has
been declared.
EPA notes that Georgia Air Quality Control Rule 391-3-1-.04, ``Air
Quality Control Episodes,'' and North Carolina 15A NCAC 2D .0300, ``Air
Pollution Emergencies'' are already approved into each state's
respective SIP.\6\ Thus, contrary to Commenter's assertion, EPA
identified each state's SIP-approved emergency episode plan in the
NPRM. The Commenter did not provide any information to suggest that
either Georgia's or North Carolina's existing SIP-approved rules were
inadequate or otherwise suggest that these states lacked authority
comparable to that in CAA section 303.
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\6\ In footnote 3 of the NPRM (84 FR 71867), EPA explained that
regulations cited to in the NPRM as Georgia's Air Quality Control
Rule and North Carolina's NCAC have been approved into the SIP,
unless otherwise indicated.
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III. Final Action
With the exception of interstate transport provisions of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to contribution
to nonattainment or interference with
[[Page 14149]]
maintenance in other states, and PSD provisions related to major
sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), EPA is approving Georgia's and North Carolina's September
24, 2018, and September 27, 2018, SIP submissions for the 2015 8-hour
ozone NAAQS. EPA is approving Georgia's and North Carolina's
infrastructure SIP submissions for certain requirements related to the
2015 8-hour ozone NAAQS because the submissions are consistent with
section 110 of the CAA.
IV. 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 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 SIPs subject to these actions 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.
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 May 11, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 27, 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 L--Georgia
0
2. Section 52.570, is amended in paragraph (e) by adding an entry for
``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. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic or submittal date/ EPA approval Explanation
provision nonattainment area effective date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Georgia................. 9/24/2018 3/11/2020, With the exception of
Infrastructure Requirements [Insert 110(a)(2)(D)(i)(I)
for the 2015 8-Hour Ozone citation of (prongs 1 and 2) and
NAAQS. publication]. PSD provisions
related to major
sources under
sections
110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3), and
110(a)(2)(J).
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[[Page 14150]]
Subpart II--North Carolina
0
3. Section 52.1770, is amended in paragraph (e) by adding an entry for
``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. 52.1770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 9/27/2018 3/11/2020 [Insert citation of With the exception of
Requirements for the 2015 8-Hour publication]. 110(a)(2)(D)(i)(I)
Ozone NAAQS. (prongs 1 and 2) and
PSD provisions related
to major sources under
sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3), and
110(a)(2)(J).
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[FR Doc. 2020-04855 Filed 3-10-20; 8:45 am]
BILLING CODE 6560-50-P
