[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63704-63705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22239]
[[Page 63704]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0251; FRL-FRL-9952-28-Region 4]
Air Plan Approval; SC Infrastructure Requirements for the 2010 1-
Hour NO2 NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the State Implementation Plan (SIP)
submission, submitted by the State of South Carolina, through the South
Carolina Department of Health and Environmental Control (SC DHEC) on
April 30, 2014, to demonstrate that the State meets certain
infrastructure requirements of the Clean Air Act (CAA or Act) for the
2010 1-hour nitrogen dioxide (NO2) 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, which is commonly referred to as an
``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP
contains provisions that ensure the 2010 NO2 NAAQS are
implemented, enforced, and maintained in South Carolina. EPA has
determined that South Carolina's SIP satisfies certain required
infrastructure elements for the 2010 NO2 NAAQS.
DATES: This rule will be effective October 17, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0251. 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 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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8726. Mr. Richard Wong can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010, (published at 75 FR 6474, February 9, 2010),
EPA promulgated a new 1-hour primary NAAQS for NO2 at a
level of 100 parts per billion, based on a 3-year average of the 98th
percentile of the yearly distribution of 1-hour daily maximum
concentrations. Pursuant to section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the 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. States were
required to submit such SIPs for the 2010 NO2 NAAQS to EPA
no later than January 22, 2013.
In a proposed rulemaking published on June 27, 2016 (81 FR 41498),
EPA proposed to approve South Carolina's 2010 1-hour NO2
NAAQS infrastructure SIP submission submitted on April 30, 2014, with
the exception of the PSD permitting requirements for major sources of
sections 110(a)(2)(C), prong 3 of D(i), and (J) and the interstate
transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4), for which EPA did not propose any action. On March 18,
2015 (80 FR 14019), EPA approved South Carolina's April 30, 2014,
infrastructure SIP submission regarding the PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J)
for the 2010 1-hour NO2 NAAQS. Therefore, EPA is not taking
any action today pertaining to sections 110(a)(2)(C), prong 3 of D(i)
and (J). On August 22, 2016 (81 FR 56512) EPA conditionally approved
South Carolina's April 30, 2014, infrastructure SIP submission
regarding prong 4 of D(i) for the 2010 1-hour NO2 NAAQS.
Therefore, EPA is not taking any action today pertaining to prong 4.
With respect to the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA does not yet have a submission
before the Agency for action. The details of South Carolina's
submission and the rationale for EPA's action are explained in the
proposed rulemaking. Comments on the proposed rulemaking were due on or
before July 28, 2016. EPA received no adverse comments on the proposed
action.
II. Final Action
With the exception of the PSD permitting requirements for major
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and the
interstate transport requirements of section 110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2, and 4), EPA is taking final action to approve South
Carolina's infrastructure SIP submission for the 2010 1-hour
NO2 NAAQS. EPA is taking final action to approve portions of
South Carolina's infrastructure SIP submission for the 2010 1-hour
NO2 NAAQS because it is consistent with section 110 of the
CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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.);
[[Page 63705]]
Does 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);
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 action for the state of South Carolina does not
have Tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). The Catawba Indian Nation Reservation is
located within the State of South Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, South Carolina statute 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.'' However, EPA
has determined that this rule does not have substantial direct effects
on an Indian Tribe because this action is not approving any specific
rule, but rather approving that South Carolina's already approved SIP
meets certain CAA requirements. EPA notes this action will not 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 November 15, 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 2, 2016.
V. Anne Heard,
Acting 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 PP--South Carolina
0
2. In Sec. 52.2120, the table in paragraph (e) is amended by adding
the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010
1-hour NO2 NAAQS'' at the end of the table to read as
follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
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State
Provision effective EPA approval date Explanation
date
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* * * * * * *
110(a)(1) and (2) Infrastructure 04/30/2014 09/16/2016, [Insert Federal With the exception of
Requirements for the 2010 1-hour Register citation]. sections
NO2 NAAQS. 110(a)(2)(C), prong 3
of D(i), and (J) and
sections
110(a)(2)(D)(i)(I)
and (II) (prongs 1,
2, and 4).
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[FR Doc. 2016-22239 Filed 9-15-16; 8:45 am]
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