[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35634-35636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13036]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0072; FRL-9947-22-Region 4]
Air Plan Approval; North Carolina; Prong 4--2008 Ozone, 2010
NO2, SO2, and 2012 PM2.5
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of revisions to the North Carolina State Implementation Plan
(SIP), submitted by the North Carolina Department of Environment and
Natural Resources (NC DENR), addressing the Clean Air Act (CAA or Act)
visibility transport (prong 4) infrastructure SIP requirements for the
2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO2), 2010
1-hour Sulfur Dioxide (SO2), and 2012 annual Fine
Particulate Matter (PM2.5) National Ambient Air Quality
Standards (NAAQS). The CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA, commonly referred to as an ``infrastructure SIP.''
Specifically, EPA is approving the prong 4 portions of North Carolina's
November 2, 2012, 2008 8-hour Ozone infrastructure SIP submission;
August 23, 2013, 2010 1-hour NO2 infrastructure SIP
submission; March 18, 2014, 2010 1-hour SO2 infrastructure
SIP submission; and December 4, 2015, 2012 Annual PM2.5
infrastructure SIP submission. All other applicable infrastructure
requirements for these SIP submissions have been or will be addressed
in separate rulemakings.
DATES: This rule is effective July 5, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0072. All documents in the docket
are listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by telephone at (404) 562-9043
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require states to address basic SIP elements such as the
requirements for monitoring, basic program requirements, and legal
authority that are designed to assure attainment and maintenance of the
newly established or revised NAAQS. More specifically, section
110(a)(1) provides the procedural and timing requirements for
infrastructure SIPs. Section 110(a)(2) lists specific elements that
states must meet for the infrastructure SIP requirements related to a
newly established or revised NAAQS. The contents of an infrastructure
SIP submission may vary depending upon the data and analytical tools
available to the state, as well as the provisions already contained in
the state's implementation plan at the time in which the state develops
and submits the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions ensuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.
North Carolina's November 2, 2012, 2008 8-hour Ozone submission;
August 23, 2013, 2010 1-hour NO2 submission; March 18, 2014,
2010 1-hour SO2 submission; and December 4, 2015, 2012
Annual PM2.5 submission cite to the State's regional haze
SIP as satisfying prong 4 requirements. However, at those dates, EPA
had not yet fully approved North Carolina's regional haze SIP because
the SIP relied on the Clean Air Interstate Rule (CAIR) to satisfy the
nitrogen oxides (NOX) and SO2 Best Available
Retrofit Technology (BART) requirements for the CAIR-subject electric
generating units (EGUs) in the State and the requirement for a long-
term strategy (LTS) sufficient to achieve the state-adopted reasonable
progress goals.\1\
---------------------------------------------------------------------------
\1\ CAIR, promulgated in 2005, required 27 states and the
District of Columbia to reduce emissions of NOX and
SO2 that significantly contribute to, or interfere with
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in
any downwind state. CAIR imposed specified emissions reduction
requirements on each affected State, and established an EPA-
administered cap and trade program for EGUs in which States could
join as a means to meet these requirements.
---------------------------------------------------------------------------
EPA demonstrated that CAIR achieved greater reasonable progress
toward the national visibility goal than
[[Page 35635]]
BART for NOX and SO2 at BART-eligible EGUs in
CAIR affected states, and revised the regional haze rule (RHR) to
provide that states participating in CAIR's cap-and-trade program need
not require affected BART-eligible EGUs to install, operate, and
maintain BART for emissions of SO2 and NOX. See
70 FR 39104 (July 6, 2005). As a result, a number of states in the CAIR
region designed their regional haze SIPs to rely on CAIR as an
alternative to NOX and SO2 BART for CAIR-subject
EGUs. These states also relied on CAIR as an element of a LTS for
achieving their reasonable progress goals.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008,\2\ but
ultimately remanded the rule to EPA without vacatur to preserve the
environmental benefits provided by CAIR.\3\ On August 8, 2011, acting
on the D.C. Circuit's remand, EPA promulgated the Cross State Air
Pollution Rule (CSAPR) to replace CAIR and thus to address the
interstate transport of emissions contributing to nonattainment and
interfering with maintenance of the two air quality standards covered
by CAIR as well as the 2006 PM2.5 NAAQS.\4\ See 76 FR 48208.
---------------------------------------------------------------------------
\2\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008).
\3\ North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008).
\4\ Although a number of parties challenged the legality of
CSAPR and the D.C. Circuit initially vacated and remanded CSAPR to
EPA in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C.
Cir. 2012), the United States Supreme Court reversed the D.C.
Circuit's decision on April 29, 2014, and remanded the case to the
D.C. Circuit to resolve remaining issues in accordance with the high
court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct.
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most
respects and CSAPR is now in effect. EME Homer City Generation, L.P.
v. EPA, 795 F.3d 118 (D.C. Cir. 2015).
---------------------------------------------------------------------------
Due to CAIR's status as a temporary measure following the D.C.
Circuit's 2008 ruling, EPA could not fully approve regional haze SIP
revisions to the extent that they relied on CAIR to satisfy the BART
requirement and the requirement for a long-term strategy sufficient to
achieve the state-adopted reasonable progress goals. On these grounds,
EPA finalized a limited disapproval of North Carolina's regional haze
SIP on June 7, 2012, triggering the requirement for EPA to promulgate a
federal implementation plan (FIP) unless North Carolina submitted and
EPA approved a SIP revision that corrected the deficiency. See 77 FR
33642. EPA finalized a limited approval of North Carolina's regional
haze SIP on June 27, 2012, as meeting the remaining applicable regional
haze requirements set forth in the CAA and the RHR. See 77 FR 38185.
On October 31, 2014, North Carolina submitted a regional haze plan
revision to correct the deficiencies identified in the June 7, 2012,
limited disapproval by replacing reliance on CAIR with reliance on a
BART alternative to satisfy NOX and SO2 BART
requirements for EGUs formerly subject to CAIR. EPA finalized approval
of the October 31, 2014, SIP revision and converted North Carolina's
regional haze plan from a limited approval to a full approval on May
12, 2016. That action also removed EPA's obligation to implement a FIP
to correct the previous deficiencies for North Carolina's initial
regional haze plan.
In a proposed rulemaking (NPRM) published on April 8, 2016 (81 FR
20600), EPA proposed to approve the prong 4 portions of North
Carolina's infrastructure SIP submissions for the 2008 8-hour Ozone,
2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual
PM2.5 NAAQS based on final approval of the State's October
31, 2014, SIP revision. As discussed above, EPA subsequently finalized
that SIP revision and converted North Carolina's regional haze plan
from a limited approval to a full approval. The details of the
aforementioned North Carolina infrastructure SIP submissions and the
rationale for EPA's action is explained in the NPRM. Comments on the
proposed rulemaking were due on or before April 29, 2016. EPA received
no adverse comments on the proposed action.
II. Final Action
EPA is approving the prong 4 portions of North Carolina's November
2, 2012, 2008 8-hour Ozone infrastructure SIP submission; August 23,
2013, 2010 1-hour NO2 infrastructure SIP submission; March
18, 2014, 2010 1-hour SO2 infrastructure SIP submission; and
December 4, 2015, 2012 Annual PM2.5 infrastructure SIP
submission. All other applicable infrastructure requirements for these
SIP submissions 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. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' 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);
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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
[[Page 35636]]
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 August 2, 2016. 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,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 23, 2016.
Heather McTeer Toney,
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 II--North Carolina
0
2. Section 52.1770(e), is amended by adding new entries for ``110(a)(1)
and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'',
``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour
NO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements
for the 2010 1-hour SO2 NAAQS'' and ``110(a)(1) and (2)
Infrastructure Requirements for the 2012 Annual PM2.5
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 effective Federal Register
Provision date EPA approval date citation Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 11/2/2012 6/3/2016 [Insert citation of Addressing prong 4
Requirements for the 2008 8- publication in of section
Hour Ozone NAAQS. Federal Register]. 110(a)(2)(D)(i)
only.
110(a)(1) and (2) Infrastructure 8/23/2013 6/3/2016 [Insert citation of Addressing prong 4
Requirements for the 2010 1- publication in of section
hour NO2 NAAQS. Federal Register]. 110(a)(2)(D)(i)
only.
110(a)(1) and (2) Infrastructure 3/18/2014 6/3/2016 [Insert citation of Addressing prong 4
Requirements for the 2010 1- publication in of section
hour SO2 NAAQS. Federal Register]. 110(a)(2)(D)(i)
only.
110(a)(1) and (2) Infrastructure 12/4/2015 6/3/2016 [Insert citation of Addressing prong 4
Requirements for the 2012 publication in of section
Annual PM2.5 NAAQS. Federal Register]. 110(a)(2)(D)(i)
only.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-13036 Filed 6-2-16; 8:45 am]
BILLING CODE 6560-50-P