[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61328-61330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25888]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2016-0060; FRL-9987-03-Region 2]
Approval of Air Quality Implementation Plans; Puerto Rico;
Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006
Fine Particulate Matter and 2008 Lead NAAQS; Transport Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revision submittals from the Commonwealth of
Puerto Rico to address the interstate transport of air pollution that
may interfere with attainment and maintenance of the National Ambient
Air Quality Standards (NAAQS). In this action, EPA is approving Puerto
Rico's submissions pertaining to the 1997 and 2008 ozone, 1997 and 2006
fine particulate matter (PM2.5) and 2008 lead NAAQS.
DATES: This rule is effective on December 31, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2016-0060. All 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. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3702, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What is the background information?
II. What comments did EPA receive in response to its proposal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background information?
On July 18, 1997, the Environmental Protection Agency (EPA)
promulgated a revised National Ambient Air Quality Standards (NAAQS)
for ozone (62 FR 38856) and a new NAAQS for fine particle matter
(PM2.5) (62 FR 38652). The revised ozone NAAQS was based on
8-hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm. The new
PM2.5 NAAQS established a health-based annual standard of
15.0 micrograms per cubic meter ([micro]g/m\3\) based on a 3-year
average of annual mean PM2.5 concentrations, and a 24-hour
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations.
On October 17, 2006 (71 FR 61144), effective December 18, 2006, EPA
revised the 24-hour average PM2.5 primary and secondary
NAAQS from 65 [micro]g/m\3\ to 35 [micro]g/m\3\.
On March 27, 2008 (73 FR 16436) EPA strengthened its NAAQS for
ground-level ozone, revising the 8-hour primary ozone standard to 0.075
ppm. EPA also strengthened the secondary 8-hour ozone standard to the
level of 0.075 ppm making it identical to the revised primary standard.
On November 12, 2008 (73 FR 66964), EPA promulgated a revised NAAQS
for lead. The Agency revised the level of the primary lead standard
from 1.5 [micro]g/m\3\ to 0.15 [micro]g/m\3\. The EPA also revised the
secondary NAAQS to 0.15 [micro]g/m\3\ and made it identical to the
revised primary standard.
Pursuant to section 110(a)(1) of the Clean Air Act (CAA), states
are required to submit SIPs 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. Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, but the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affect
the content of the submission. The content of such SIP submission may
also vary depending upon what provisions the state's existing SIP
already contains.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2)
[[Page 61329]]
lists specific elements that states must meet for ``infrastructure''
SIP requirements related to a newly established or revised NAAQS. One
of the structural requirements of section 110(a)(2) is section
110(a)(2)(D)(i), which generally requires SIPs to contain adequate
provisions to prohibit in-state emissions activities from having
certain adverse air quality effects on downwind states due to
interstate transport of air pollution. There are four sub-elements, or
``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section
110(a)(2)(D)(i)(I), addressing two of these four prongs, requires SIPs
to include provisions prohibiting any source or other type of emissions
activity in one state from emitting any air pollutant in amounts that
will contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS in another state. The two provisions of this
section are referred to as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance).
The Commonwealth of Puerto Rico's Environmental Quality Board
(PREQB) submitted five SIP revisions to satisfy the requirements of
section 110(a)(2) of the CAA for the 1997 and 2008 ozone, 1997 and 2006
PM2.5 and 2008 lead NAAQS. On November 29, 2006, PREQB
submitted SIP revisions addressing the infrastructure requirements for
the 1997 ozone and PM2.5 NAAQS. On January 22, 2013, PREQB
submitted SIP revisions addressing the infrastructure requirements for
the 2006 PM2.5 and 2008 ozone NAAQS. On January 31, 2013,
PREQB submitted SIP revisions addressing the infrastructure
requirements for the 2008 lead NAAQS. On April 16, 2015, PREQB
supplemented the January 22, 2013 submittal for the 2006
PM2.5 NAAQS. On February 1, 2016, PREQB submitted additional
provisions for inclusion into the SIP which address infrastructure SIP
requirements for 1997 and 2008 ozone, 1997 and 2006 PM2.5
and 2008 lead NAAQS.
On February 19, 2016 \1\ EPA published a rule proposing to approve
most of the infrastructure elements and sub-elements submitted by PREQB
for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008
lead NAAQS. In the February 2016 rulemaking action, EPA also proposed
to approve section 110(a)(2)(D)(i)(I), commonly referred to as prongs 1
and 2. EPA finalized most other infrastructure elements in a September
13, 2016 action.\2\ This action finalizes the approval of section
110(a)(2)(D)(i)(I).
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\1\ See 81 FR 8455 (February 19, 2016).
\2\ See 81 FR 62813 (September 13, 2016).
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II. What comments did EPA receive in response to its proposal?
In response to EPA's proposed approval of Puerto Rico's SIP
revision, a comment was received from one interested party. The comment
and EPA's response were included in EPA's September 13, 2016 final rule
referenced in the previous section.
III. What action is EPA taking?
EPA is approving Puerto Rico's infrastructure submittals dated
November 29, 2006, January 22, 2013 and January 31, 2013, and
supplemented April 16, 2015 and February 1, 2016, for the 1997 ozone
and PM2.5, 2008 ozone and 2006 PM2.5, and 2008
lead NAAQS, respectively, as meeting the requirements of section
110(a)(2)(D)(i)(I) of the CAA.
A detailed analysis of EPA's review and rationale for approving and
disapproving elements of the infrastructure SIP submittals as
addressing these CAA requirements may be found in the February 19, 2016
proposed rulemaking action (81 FR 8455) and Technical Support Document
(TSD) which are available on line at www.regulations.gov, Docket ID
Number EPA-R02-OAR-2016-0060.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 Clean Air Act; and
Does not provide the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United
[[Page 61330]]
States Court of Appeals for the appropriate circuit by January 28,
2019. 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, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 13, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, the Environmental
Protection Agency amends part 52 of chapter I, title 40 of the Code of
Federal Regulations 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 BBB--Puerto Rico
0
2. Section 52.2730 is amended by revising paragraphs (a)(1), (b)(1),
and (c)(1) to read as follows:
Sec. 52.2730 Section 110(a)(2) infrastructure requirements.
(a) 1997 8-hour ozone and the 1997 PM2.5 NAAQS--(1) Approval.
Submittal from Puerto Rico dated November 29, 2006 and supplemented
February 1, 2016, to address the CAA infrastructure requirements for
the 1997 ozone and the 1997 PM2.5 NAAQS. This submittal
satisfies the 1997 ozone and the 1997 PM2.5 NAAQS
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with
the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II)
and (ii) (with the exception of program requirements related to PSD),
(E), (F), (G), (H), (J) (with the exception of program requirements
related to PSD), (K), (L), and (M).
* * * * *
(b) 2008 ozone and the 2006 PM2.5 NAAQS--(1) Approval. Submittal
from Puerto Rico dated January 22, 2013, supplemented February 1, 2016
to address the CAA infrastructure requirements for the 2008 ozone NAAQS
and supplemented April 16, 2015 and February 1, 2016 to address the CAA
infrastructure requirements for the 2006 PM2.5 NAAQS. This
submittal satisfies the 2008 ozone and the 2006 PM2.5 NAAQS
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with
the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II)
and (ii) (with the exception of program requirements related to PSD),
(E), (F), (G), (H), (J) (with the exception of program requirements
related to PSD), (K), (L), and (M).
* * * * *
(c) 2008 lead NAAQS--(1) Approval. Submittal from Puerto Rico dated
January 31, 2013 and supplemented February 1, 2016, to address the CAA
infrastructure requirements for the 2008 lead NAAQS. This submittal
satisfies the 2008 lead NAAQS requirements of the Clean Air Act (CAA)
110(a)(2)(A), (B), (C) (with the exception of program requirements for
PSD), (D)(i)(I), (D)(i)(II) and (ii) (with the exception of program
requirements related to PSD), (E), (F), (G), (H), (J) (with the
exception of program requirements related to PSD), (K), (L), and (M).
* * * * *
[FR Doc. 2018-25888 Filed 11-28-18; 8:45 am]
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