Air Plan Approvals; GA and NC; Prevention of Significant Deterioration Infrastructure Requirements for the 2015 Ozone NAAQS, 20836-20838 [2020-06584]
Download as PDF
<![CDATA[
20836
Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Rules and Regulations
Points
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
(b) The penalty will not exceed
$17,112 for each violation. * * *
Dollars
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
5,133
5,475
5,819
6,160
6,502
6,843
7,188
7,529
7,870
8,213
8,555
8,898
9,239
9,583
9,924
10,266
10,607
10,952
11,294
11,635
11,979
12,320
12,661
13,003
13,347
13,688
14,030
14,373
14,716
15,058
15,399
15,743
16,084
16,426
16,768
17,112
8. In § 845.15, revise introductory text
of paragraph (b) to read as follows:
■
§ 845.15 Assessment of separate
violations for each day.
*
*
*
*
*
(b) In addition to the civil penalty
provided for in paragraph (a) of this
section, whenever a violation contained
in a notice of violation or cessation
order has not been abated within the
abatement period set in the notice or
order or as subsequently extended
pursuant to section 521(a) of the Act, 30
U.S.C. 1271(a), a civil penalty of not less
than $2,566 will be assessed for each
day during which such failure to abate
continues, except that:
*
*
*
*
*
PART 846—INDIVIDUAL CIVIL
PENALTIES
9. The authority citation for part 846
continues to read as follows:
■
jbell on DSKJLSW7X2PROD with RULES
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
10. In § 846.14, revise the first
sentence of paragraph (b) to read as
follows:
■
§ 846.14
*
*
Amount of individual civil penalty.
*
VerDate Sep<11>2014
*
*
16:09 Apr 14, 2020
Jkt 250001
[FR Doc. 2020–07390 Filed 4–14–20; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0503; FRL–10007–
45–Region 4]
Air Plan Approvals; GA and NC;
Prevention of Significant Deterioration
Infrastructure Requirements for the
2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving portions of the Georgia and
North Carolina infrastructure State
Implementation Plan (SIP) submissions
for the 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) provided to EPA on
September 24, 2018, and September 27,
2018, respectively. Whenever EPA
promulgates a new or revised NAAQS,
the Clean Air Act (CAA or Act) requires
that each state adopt and submit a SIP
submission to establish that the state’s
SIP meets infrastructure requirements
for the implementation, maintenance,
and enforcement of each such NAAQS.
Specifically, EPA is taking final action
to conditionally approve the portions of
the Georgia and North Carolina
infrastructure SIP submissions related to
the prevention of significant
deterioration (PSD) infrastructure
elements for the 2015 8-hour ozone
NAAQS.
SUMMARY:
This rule will be effective May
15, 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 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
DATES:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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:
Nacosta C. Ward 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.
Ms. Ward can be reached by telephone
at (404) 562–9140 or via electronic mail
at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On October 1, 2015, EPA promulgated
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. See 80 FR 65292 (October
26, 2015). 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 SIP revisions
for the 2015 8-hour ozone NAAQS to
EPA no later than October 1, 2018.1
As explained in a notice of proposed
rulemaking (NPRM) published on
February 11, 2020 (85 FR 7695), Georgia
and North Carolina cite to several
regulations 2 3 to demonstrate that their
1 In 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 Georgia’s September 24, 2018, infrastructure SIP
submission cites the following rules to meet the
PSD program requirements of 110(a)(2)(C): Georgia
Rules for Air Quality Control 391–3–1-.02—
‘‘Provisions. Amended,’’ including PSD
requirements under Rule 391–3–1–.02(7)—
‘‘Prevention of Significant Deterioration,’’ 391–3–1–
E:\FR\FM\15APR1.SGM
15APR1
Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
respective SIPs meet the PSD-related
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3),4 and
110(a)(2)(J). Each of these requirements
are met if the state’s implementation
plan includes a PSD program that meets
current Federal requirements, however,
Georgia’s and North Carolina’s SIPapproved PSD programs do not contain
or reference the most recent version of
40 CFR part 51, appendix W, Guideline
on Air Quality Models.5 Therefore, on
November 14, 2019, and December 16,
2019, GA EPD and NC DEQ,
respectively, submitted commitment
letters to EPA requesting conditional
approval of the PSD-related
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J) of the aforementioned
infrastructure SIP revisions. In these
letters, Georgia and North Carolina
commit to satisfying the PSD program
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J) for the 2015 8-hour ozone
NAAQS by revising their PSD
regulations to reflect the most recent
version of appendix W and submitting
SIP revisions containing these revised
rules within one year of final
conditional approval.
If Georgia and North Carolina meet
their respective commitments within
one year of the final conditional
approval, the PSD-related program
requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J) of the conditionally
approved infrastructure SIP submissions
will remain a part of the SIP until EPA
takes final action approving or
disapproving the new SIP revision(s).
However, if Georgia or North Carolina
fails to submit these revisions within
the one-year timeframe, the conditional
approval will automatically become a
disapproval one year from EPA’s final
.03—‘‘Permits. Amended,’’ including 391–3–1–
.03(1)—‘‘Construction (SIP) Permit,’’ and 391–3–1–
.03—‘‘Permits. Amended,’’ including 391–3–1–
.03(2)—‘‘Operating (SIP) Permit.’’ For the PSD
program requirements of 110(a)(2)(D)(i)(II)—prong 3
and 110(a)(2)(J), Georgia cites Rule 391–3–1–
.02(7)—‘‘Prevention of Significant Deterioration.’’
3 North Carolina’s September 27, 2018,
infrastructure SIP submission cites the following
rules to meet the PSD program requirements of
110(a)(2)(C): 15A North Carolina Administrative
Code (NCAC) 2D .0500—‘‘Emission Control
Standards’’ and 15A NCAC 2D .0530—‘‘Prevention
of Significant Deterioration.’’ For the PSD program
requirements of 110(a)(2)(D)(i)(II)—prong 3 and
110(a)(2)(J), North Carolina cites 15A NCAC 2D
.0530—‘‘Prevention of Significant Deterioration.’’
4 Section 110(a)(2)(D)(i)(II) contains a provision
that prohibits emissions activity in one state from
interfering with measures required to prevent
significant deterioration of air quality in another
state, which is commonly referred to as ‘‘prong 3.’’
5 EPA approved the most recent version of
appendix W on January 17, 2017, at 82 FR 5182.
VerDate Sep<11>2014
16:09 Apr 14, 2020
Jkt 250001
conditional approval and EPA will
provide notification of the disapproval
of these requirements. If the conditional
approval is converted to a disapproval,
the final disapproval triggers the FIP
requirement under CAA section 110(c).
In the NPRM published on February
11, 2020, EPA proposed to conditionally
approve Georgia and North Carolina’s
SIP submissions provided on September
24, 2018, and September 27, 2018, 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 March
12, 2020. EPA received one comment in
support of this action and did not
receive any adverse comments.
II. Final Action
EPA is taking final action to
conditionally approve the portions of
Georgia’s and North Carolina’s
September 24, 2018, and September 27,
2018, 2015 8-hour ozone infrastructure
SIP submission, respectively, that
address the PSD-related requirements of
CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J). All other outstanding
applicable infrastructure requirements
for this SIP submission have been or
will be addressed in separate
rulemakings.
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
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
20837
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 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 June 15, 2020. Filing a
E:\FR\FM\15APR1.SGM
15APR1
20838
Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Rules and Regulations
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).
110(a)(2)(J) for the 2015 8-hour ozone
NAAQS. EPA conditionally approved
these portions of North Carolina’s
September 27, 2018 infrastructure SIP
submission in an action published in
the Federal Register on April 15, 2020.
If North Carolina fails to meet its
commitment by April 15, 2021, the
conditional approval will become a
disapproval on that date and EPA will
issue a notification to that effect.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
[FR Doc. 2020–06584 Filed 4–14–20; 8:45 am]
Dated: March 17, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
1. The authority citation for part 52
continues to read as follows:
■
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Subpart L—Georgia
2. Add § 52.569 to read as follows:
Conditional approval.
Subpart II— North Carolina
3. Add § 52.1769 to read as follows:
jbell on DSKJLSW7X2PROD with RULES
Conditional approval.
North Carolina submitted a letter to
EPA on December 16, 2019, with a
commitment to address the State
Implementation Plan deficiencies
regarding the PSD-related requirements
of CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
VerDate Sep<11>2014
16:09 Apr 14, 2020
Jkt 250001
The U.S. Environmental
Protection Agency (EPA) is taking final
action establishing a subcategory of
certain existing electric utility steam
generating units (EGUs) firing eastern
bituminous coal refuse (EBCR) for acid
gas hazardous air pollutant (HAP)
emissions that was noticed in a
February 7, 2019, proposed rule titled
‘‘National Emission Standards for
Hazardous Air Pollutants: Coal- and OilFired Electric Utility Steam Generating
Units—Reconsideration of
Supplemental Finding and Residual
Risk and Technology Review’’ (2019
Proposal). After consideration of public
comments, the EPA has determined that
there is a need for such a subcategory
under the National Emission Standards
for Hazardous Air Pollutants (NESHAP)
for Coal- and Oil-Fired EGUs,
commonly known as the Mercury and
Air Toxics Standards (MATS), and the
Agency is establishing acid gas HAP
emission standards applicable only to
the new subcategory. The EPA’s final
decisions on the other two distinct
actions in the 2019 Proposal (i.e.,
reconsideration of the 2016
Supplemental Finding that it is
appropriate and necessary to regulate
EGUs under Clean Air Act (CAA)
SUMMARY:
Georgia submitted a letter to EPA on
November 14, 2019, with a commitment
to address the State Implementation
Plan deficiencies regarding the PSDrelated requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),
and 110(a)(2)(J) for the 2015 8-hour
ozone NAAQS. EPA conditionally
approved these portions of Georgia’s
September 24, 2018 infrastructure SIP
submission in an action published in
the Federal Register on April 15, 2020.
If Georgia fails to meet its commitment
by April 15, 2021, the conditional
approval will become a disapproval on
that date and EPA will issue a
notification to that effect.
§ 52.1769
[EPA–HQ–OAR–2018–0794; FRL–10007–26–
OAR]
AGENCY:
Authority: 42 U.S.C. 7401 et seq.
■
40 CFR Part 63
National Emission Standards for
Hazardous Air Pollutants: Coal- and
Oil-Fired Electric Utility Steam
Generating Units—Subcategory of
Certain Existing Electric Utility Steam
Generating Units Firing Eastern
Bituminous Coal Refuse for Emissions
of Acid Gas Hazardous Air Pollutants
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.569
ENVIRONMENTAL PROTECTION
AGENCY
RIN 2060–AU48
Title 40 CFR part 52 is amended as
follows:
■
BILLING CODE 6560–50–P
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
section 112 and the residual risk and
technology review of MATS) will be
announced in a separate final action.
DATES: This final rule is effective on
April 15, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2018–0794. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, 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. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov/, or in hard copy at
the EPA Docket Center, Room Number
3334, WJC West Building, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m.,
Eastern Standard Time (EST), Monday
through Friday. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the EPA Docket Center is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: For
questions about this final action, contact
Mary Johnson, Sector Policies and
Programs Division (D243–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
5025; and email address:
johnson.mary@epa.gov. For information
about the applicability of the NESHAP
to a particular entity, contact your EPA
Regional representative as listed in 40
CFR 63.13 (General Provisions).
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. The EPA uses multiple
acronyms and terms in this preamble.
While this list may not be exhaustive, to
ease the reading of this preamble and for
reference purposes, the EPA defines the
following terms and acronyms here:
ARIPPA Appalachian Region Independent
Power Producers Association
CAA Clean Air Act
CEMS continuous emissions monitoring
systems
CFR Code of Federal Regulations
CRA Congressional Review Act
DSI dry sorbent injection
EBCR eastern bituminous coal refuse
ECMPS Emissions Collection and
Monitoring Plan System
EGU electric utility steam generating unit
EPA Environmental Protection Agency
FBC fluidized bed combustors
E:\FR\FM\15APR1.SGM
15APR1
]]>Agencies
[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Rules and Regulations]
[Pages 20836-20838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06584]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0503; FRL-10007-45-Region 4]
Air Plan Approvals; GA and NC; Prevention of Significant
Deterioration Infrastructure Requirements for the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving portions of the Georgia and North Carolina infrastructure
State Implementation Plan (SIP) submissions for the 2015 8-hour ozone
National Ambient Air Quality Standards (NAAQS) provided to EPA on
September 24, 2018, and September 27, 2018, respectively. Whenever EPA
promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act)
requires that each state adopt and submit a SIP submission to establish
that the state's SIP meets infrastructure requirements for the
implementation, maintenance, and enforcement of each such NAAQS.
Specifically, EPA is taking final action to conditionally approve the
portions of the Georgia and North Carolina infrastructure SIP
submissions related to the prevention of significant deterioration
(PSD) infrastructure elements for the 2015 8-hour ozone NAAQS.
DATES: This rule will be effective May 15, 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 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 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: Nacosta C. Ward 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. Ms. Ward can be reached
by telephone at (404) 562-9140 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On October 1, 2015, EPA promulgated 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. See 80
FR 65292 (October 26, 2015). 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 SIP revisions for the 2015 8-hour ozone NAAQS to EPA no
later than October 1, 2018.\1\
---------------------------------------------------------------------------
\1\ In 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).
---------------------------------------------------------------------------
As explained in a notice of proposed rulemaking (NPRM) published on
February 11, 2020 (85 FR 7695), Georgia and North Carolina cite to
several regulations 2 3 to demonstrate that their
[[Page 20837]]
respective SIPs meet the PSD-related requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),\4\ and 110(a)(2)(J). Each
of these requirements are met if the state's implementation plan
includes a PSD program that meets current Federal requirements,
however, Georgia's and North Carolina's SIP-approved PSD programs do
not contain or reference the most recent version of 40 CFR part 51,
appendix W, Guideline on Air Quality Models.\5\ Therefore, on November
14, 2019, and December 16, 2019, GA EPD and NC DEQ, respectively,
submitted commitment letters to EPA requesting conditional approval of
the PSD-related requirements of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) of the aforementioned
infrastructure SIP revisions. In these letters, Georgia and North
Carolina commit to satisfying the PSD program requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the
2015 8-hour ozone NAAQS by revising their PSD regulations to reflect
the most recent version of appendix W and submitting SIP revisions
containing these revised rules within one year of final conditional
approval.
---------------------------------------------------------------------------
\2\ Georgia's September 24, 2018, infrastructure SIP submission
cites the following rules to meet the PSD program requirements of
110(a)(2)(C): Georgia Rules for Air Quality Control 391-3-1-.02--
``Provisions. Amended,'' including PSD requirements under Rule 391-
3-1-.02(7)--``Prevention of Significant Deterioration,'' 391-3-
1-.03--``Permits. Amended,'' including 391-3-1-.03(1)--
``Construction (SIP) Permit,'' and 391-3-1-.03--``Permits.
Amended,'' including 391-3-1-.03(2)--``Operating (SIP) Permit.'' For
the PSD program requirements of 110(a)(2)(D)(i)(II)--prong 3 and
110(a)(2)(J), Georgia cites Rule 391-3-1-.02(7)--``Prevention of
Significant Deterioration.''
\3\ North Carolina's September 27, 2018, infrastructure SIP
submission cites the following rules to meet the PSD program
requirements of 110(a)(2)(C): 15A North Carolina Administrative Code
(NCAC) 2D .0500--``Emission Control Standards'' and 15A NCAC 2D
.0530--``Prevention of Significant Deterioration.'' For the PSD
program requirements of 110(a)(2)(D)(i)(II)--prong 3 and
110(a)(2)(J), North Carolina cites 15A NCAC 2D .0530--``Prevention
of Significant Deterioration.''
\4\ Section 110(a)(2)(D)(i)(II) contains a provision that
prohibits emissions activity in one state from interfering with
measures required to prevent significant deterioration of air
quality in another state, which is commonly referred to as ``prong
3.''
\5\ EPA approved the most recent version of appendix W on
January 17, 2017, at 82 FR 5182.
---------------------------------------------------------------------------
If Georgia and North Carolina meet their respective commitments
within one year of the final conditional approval, the PSD-related
program requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
(Prong 3), and 110(a)(2)(J) of the conditionally approved
infrastructure SIP submissions will remain a part of the SIP until EPA
takes final action approving or disapproving the new SIP revision(s).
However, if Georgia or North Carolina fails to submit these revisions
within the one-year timeframe, the conditional approval will
automatically become a disapproval one year from EPA's final
conditional approval and EPA will provide notification of the
disapproval of these requirements. If the conditional approval is
converted to a disapproval, the final disapproval triggers the FIP
requirement under CAA section 110(c).
In the NPRM published on February 11, 2020, EPA proposed to
conditionally approve Georgia and North Carolina's SIP submissions
provided on September 24, 2018, and September 27, 2018, 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
March 12, 2020. EPA received one comment in support of this action and
did not receive any adverse comments.
II. Final Action
EPA is taking final action to conditionally approve the portions of
Georgia's and North Carolina's September 24, 2018, and September 27,
2018, 2015 8-hour ozone infrastructure SIP submission, respectively,
that address the PSD-related requirements of CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J). All other outstanding
applicable infrastructure requirements for this SIP submission have
been or will be addressed in separate rulemakings.
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 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 June 15, 2020. Filing a
[[Page 20838]]
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,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 17, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
Title 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. Add Sec. 52.569 to read as follows:
Sec. 52.569 Conditional approval.
Georgia submitted a letter to EPA on November 14, 2019, with a
commitment to address the State Implementation Plan deficiencies
regarding the PSD-related requirements of CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the 2015 8-hour
ozone NAAQS. EPA conditionally approved these portions of Georgia's
September 24, 2018 infrastructure SIP submission in an action published
in the Federal Register on April 15, 2020. If Georgia fails to meet its
commitment by April 15, 2021, the conditional approval will become a
disapproval on that date and EPA will issue a notification to that
effect.
Subpart II-- North Carolina
0
3. Add Sec. 52.1769 to read as follows:
Sec. 52.1769 Conditional approval.
North Carolina submitted a letter to EPA on December 16, 2019, with
a commitment to address the State Implementation Plan deficiencies
regarding the PSD-related requirements of CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J) for the 2015 8-hour
ozone NAAQS. EPA conditionally approved these portions of North
Carolina's September 27, 2018 infrastructure SIP submission in an
action published in the Federal Register on April 15, 2020. If North
Carolina fails to meet its commitment by April 15, 2021, the
conditional approval will become a disapproval on that date and EPA
will issue a notification to that effect.
[FR Doc. 2020-06584 Filed 4-14-20; 8:45 am]
BILLING CODE 6560-50-P
