[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61724-61727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24897]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0553; FRL-9738-9]
Partial Approval and Partial Disapproval of Air Quality
Implementation Plans for Florida, Mississippi, and South Carolina;
Section 110(a)(2)(D)(i)(I) Transport Requirements for the 2006 24-Hour
Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to partially approve and partially
disapprove revisions to the State Implementation Plans (SIPs) for
Florida, Mississippi, and South Carolina submitted on September 23,
2009, October 6, 2009, and September 18, 2009, respectively. EPA is
approving the determinations, contained in those submittals, that the
existing SIPs for Florida, Mississippi, and South Carolina are adequate
to meet the obligation under section 110(a)(2)(D)(i)(I) of the Clean
Air Act (CAA or Act) to address interstate transport requirements with
regard to the 2006 24-hour particulate matter (PM2.5)
national ambient air quality standard (NAAQS). Specifically, the
interstate transport requirements contained in section
110(a)(2)(D)(i)(I) of the CAA prohibit a state's emissions from
significantly contributing to nonattainment or interfering with the
maintenance of the NAAQS in any other state. EPA is approving the
States' determinations that their existing SIPs satisfy this
requirement and conclusion that additional control measures are not
necessary under section 110(a)(2)(D)(i)(I) because emissions from
Florida, Mississippi and South Carolina do not contribute significantly
to nonattainment or interfere with maintenance of the 2006 24-hour
PM2.5 NAAQS in any other state. EPA is also disapproving the
SIP submissions from Florida, Mississippi and South Carolina to the
extent that they rely on the Clean Air Interstate Rule (CAIR) to meet
the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour
PM2.5 NAAQS. Because CAIR does not address the 2006
PM2.5 NAAQS, it cannot be relied upon to satisfy any
requirements related to that NAAQS.
DATES: This rule will be effective on November 13, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0553. All documents in the docket
are listed on the www.regulations.gov Web site. 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 Regulatory Development Section, Air Planning Branch, Air,
Pesticides and
[[Page 61725]]
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30 excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On September 21, 2006, EPA revised the 24-hour average
PM2.5 primary and secondary NAAQS from 65 micrograms per
cubic meter ([mu]g/m\3\) to 35 [mu]g/m\3\ based on a 3-year average of
the 98th percentile of 24-hour concentrations. See 71 FR 61144 (October
17, 2006). Section 110(a)(1) of the CAA requires states to submit to
EPA SIPs that provide for the ``implementation, maintenance, and
enforcement'' of a new or revised NAAQS within 3 years after
promulgation of such standards, or within such shorter period as EPA
may prescribe.\1\ Sections 110(a)(1) and (2) require these submissions
to address basic SIP requirements, including emissions inventories,
monitoring, and modeling to assure attainment and maintenance of the
NAAQS. EPA thus refers to these submissions as ``infrastructure'' SIPs.
States were required to submit such SIPs to EPA no later than September
21, 2009, for the 2006 24-hour PM2.5 NAAQS. SIPs must
address the requirements of 110(a)(2), as applicable.
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\1\ The rule establishing the revised PM2.5 NAAQS was
signed by the Administrator and publically disseminated on September
21, 2006. Because EPA did not prescribe a shorter period for 110(a)
``infrastructure'' SIP submittals, these submittals were due on
September 21, 2009, three years from the September 21, 2006,
signature date pursuant to section 110(a)(1) of the CAA.
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On September 23, 2009, October 6, 2009, and September 18, 2009,
Florida, Mississippi and South Carolina, respectively, provided EPA
with infrastructure SIP submissions certifying that the provisions in
their current SIPs were adequate to address the CAA section
110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM2.5
NAAQS. On July 23, 2012, EPA proposed to partially approve Florida,
Mississippi and South Carolina's determination that their existing SIPs
satisfy this requirement and to conclude that additional control
measures are not necessary under section 110(a)(2)(D)(i)(I) because
emissions from these states do not contribute significantly to
nonattainment or interfere with maintenance of the 2006 24-hour
PM2.5 NAAQS in any other state. Additionally, in the same
proposal EPA proposed to partially disapprove Florida, Mississippi and
South Carolina's determination that their existing SIPs satisfy section
110(a)(2)(D)(i)(I) to the extent that these states relied upon CAIR to
meet section 110(a)(2)(D)(i)(I) requirements in their infrastructure
submissions for the 2006 PM2.5 NAAQS, since CAIR did not
address that NAAQS. See EPA's July 23, 2012, proposed rulemaking at 77
FR 43018 for more detail. EPA received no adverse comments on this
proposal.
EPA is taking final action to partially approve and partially
disapprove revisions to the SIPs for Florida, Mississippi, and South
Carolina submitted on September 23, 2009, October 6, 2009, and
September 18, 2009 respectively. EPA is approving the States'
determinations that the existing SIPs of Florida, Mississippi, and
South Carolina have adequate provisions to satisfy the obligation under
section 110(a)(2)(D)(i)(I) of the CAA to address interstate transport
requirements with regard to the 2006 24-hour PM2.5 NAAQS.
This conclusion is based on air quality modeling originally conducted
to quantify each individual state's contributions to downwind
nonattainment and maintenance areas during the rulemaking process for
the Transport Rule (also known as the Cross State Air Pollution Rule or
CSAPR). This modeling is described in a technical support document
which is in the docket for this rulemaking, Docket ID No., EPA-R04-OAR-
2012-0553. This air quality modeling demonstrates that emissions from
the states of Florida, Mississippi and South Carolina do not contribute
more than one percent of the NAAQS to any downwind areas with
nonattainment and maintenance problems with respect to the 2006
PM2.5 NAAQS. For this reason, as explained in the proposal,
77 FR 43021, EPA concludes that these states do not contribute
significantly to nonattainment or interfere with maintenance of the
2006 PM2.5 NAAQS in another state.
The recent opinion vacating the Transport Rule, EME Homer City
Generation v. EPA, No. 11-1302 (D.C. Cir., August 21, 2012), does not
alter our conclusion that the existing SIPs for these states adequately
address this requirement, and our rationale supporting this conclusion
remains the same. Nothing in the Homer City opinion suggests that the
air quality modeling on which our July 23, 2012 proposal relied was
flawed or invalid for any reason. In addition, nothing in that opinion
undermines or calls into question our proposed conclusion that, because
emissions from Florida, Mississippi and South Carolina do not
contribute more than one percent of the NAAQS to any downwind area with
nonattainment or maintenance problems, these states do not contribute
significantly to nonattainment or interfere with maintenance in another
state. As EPA explained in the proposal, 77 FR 43022, this action does
not rely on any requirements of the Transport Rule or emission
reductions associated with that rule to support its conclusion that
these three states have met their 110(a)(2)(D)(i)(I) obligations with
respect to the 2006 PM2.5 NAAQS.
Additionally, EPA is partially disapproving the SIP submissions
from Florida, Mississippi and South Carolina to the extent they rely on
CAIR to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour
PM2.5 NAAQS. As explained in our July 23, 2012, proposal, 77
FR 43021, a state may not rely on CAIR to satisfy the requirements of
section 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5
NAAQS because CAIR addressed only the 1997 PM2.5 and 8-hour
ozone NAAQS and did not address the 2006 PM2.5 NAAQS or any
requirements related to that NAAQS. Today's partial disapproval will
not trigger any further action, or a Federal Implementation Plan, for
these States because today's action does not identify any deficiency in
the SIPs. Thus, no further action will be required on the part of
Florida, Mississippi, or South Carolina as a result of the partial
disapproval because the SIPs themselves are not deficient with respect
to the 2006 24-hour PM2.5 NAAQS.
II. Final Action
EPA is taking final action to partially approve and partially
disapprove infrastructure submissions from Florida, Mississippi and
South Carolina dated September 23, 2009, October 6, 2009 and September
18, 2009, respectively,
[[Page 61726]]
regarding the 110(a)(2)(D)(i)(I) requirements for the 2006
PM2.5 NAAQS. Today's partial disapproval will not trigger a
FIP for these States. See EPA's July 23, 2012, proposed rulemaking at
77 FR 43018 for more detail. In this action, EPA is only addressing the
SIP revisions respecting section 110(a)(2)(D)(i)(I) for the 2006
PM2.5 NAAQS. The SIP revisions pertaining to the remainder
of section 110(a)(2)(D)(i) and sections 110(a)(2)(A)-(M), except for
sections 110(a)(2)(C) and 110(a)(2)(I) nonattainment area requirements,
are being addressed in separate actions.
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. 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. Accordingly, this
action partially approves state law as meeting federal requirements and
partially disapproves state law because it does not meet federal
requirements. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does 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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is 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
Does 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).
In addition, this rule does not have tribal implications for Florida
and Mississippi as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law. Further, EPA has
determined that this final rule does not have tribal implications for
South Carolina as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because there are no ``substantial direct effects''
on an Indian Tribe as a result of this action. The Catawba Indian
Nation Reservation is located within the South Carolina portion of the
bi-state Charlotte nonattainment area. Pursuant to the Catawba Indian
Claims Settlement Act, S.C. Code Ann. 27-16-120, ``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.'' Thus, the South Carolina SIP applies
to the Catawba Reservation. EPA has also preliminarily determined that
these revisions will not impose any substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 10, 2012. 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, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: September 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Section 52.520(e) is amended by adding a new entry for
``110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
[[Page 61727]]
EPA-Approved Florida Non-Regulatory Provisions
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State effective EPA approval Federal Register
Provision date date notice Explanation
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* * * * * * *
110(a)(2)(D)(i)(I) 9/23/2009 10/11/2012 [Insert citation of EPA partially
Infrastructure Requirements for publication]. disapproved this SIP
the 2006 24-hour PM2.5 NAAQS. submission to the
extent that it relied
on the Clean Air
Interstate Rule to
meet the
110(a)(2)(D)(i)(I)
requirements for the
2006 24-hour PM2.5
NAAQS.
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Subpart Z--Mississippi
0
3. Section 52.1270(e) is amended by adding a new entry for
``110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
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Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
110(a)(2)(D)(i)(I) Mississippi....... 10/6/2009 10/11/2012 [Insert EPA partially
Infrastructure Requirements citation of disapproved this SIP
for the 2006 24-hour PM2.5 publication]. submission to the
NAAQS. extent that it relied
on the Clean Air
Interstate Rule to
meet the
110(a)(2)(D)(i)(I)
requirements for the
2006 24-hour PM2.5
NAAQS.
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Subpart PP--South Carolina
0
4. Section 52.2120(e) is amended by adding a new entry for
``110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) EPA-approved South Carolina non-regulatory provisions.
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State effective
Provision date EPA approval date Explanation
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* * * * * * *
110(a)(2)(D)(i)(I) Infrastructure 9/18/2009 10/11/2012 [Insert EPA partially disapproved
Requirements for the 2006 24-hour citation of this SIP submission to the
PM2.5 NAAQS. publication]. extent that it relied on the
Clean Air Interstate Rule to
meet the 110(a)(2)(D)(i)(I)
requirements for the 2006 24-
hour PM2.5 NAAQS.
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[FR Doc. 2012-24897 Filed 10-10-12; 8:45 am]
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