[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45995-45997]
[FR Doc No: 2017-21121]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0045; FRL-9968-73-Region 4]

Air Plan Approval; South Carolina; Interstate Transport (Prongs 1
and 2) for the 2010 1-Hour NO2 Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the South Carolina State Implementation
Plan (SIP), submitted by the South Carolina Department of Health and
Environmental Control (DHEC), on December 7, 2016, addressing the Clean
Air Act (CAA) interstate transport (prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour Nitrogen Dioxide (NO2)
National Ambient Air Quality Standard (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 taking final action
to approve South Carolina's December 7, 2016, SIP submission addressing
prongs 1 and 2 to ensure that air emissions in the State do not
significantly contribute to nonattainment or interfere with maintenance
of the 2010 1-hour NO2 NAAQS in any other state.

DATES: This rule will be effective November 2, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0045. All documents in the docket
are listed on the 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 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: Andres Febres 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. Febres can be reached by telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
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 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) and 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.
    On January 22, 2010, EPA established 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. See 75 FR 6474 (February 9, 2010). This
NAAQS is designed to protect against exposure to the entire group of
nitrogen oxides (NOX). NO2 is the component of
greatest concern and is used as the indicator for the larger group of
NOX. Emissions that lead to the formation of NO2
generally also lead to the formation of other NOX.
Therefore, control measures that reduce NO2 can generally be
expected to reduce population exposures to all gaseous NOX
which may have the co-benefit of reducing the formation of ozone and
fine particles both of which pose significant public health threats.
    States were required to submit infrastructure SIP submissions for
the 2010 1-hour NO2 NAAQS to EPA no later than January 22,
2013. For comprehensive information on 2010 1-hour NO2
NAAQS, please refer to the Federal Register notice cited immediately
above.
    In a notice of proposed rulemaking published August 15, 2017 (82 FR
38646), EPA proposed to approve South Carolina's December 7, 2016, SIP
submission concluding that its SIP adequately addresses prong 1 and
prong 2 requirements for the 2010 1-hour NO2 NAAQS. South
Carolina provided the following reasons for its determination: (1) The
SIP contains state regulations that directly or indirectly control
NOX emissions; (2) all areas in the United States are
designated as unclassifiable/attainment for the 2010 1-hour
NO2 NAAQS; (3) monitored 1-hour NO2 design values
in South Carolina and surrounding states (Georgia, North Carolina, and
Florida) are below the 2010 standard; and (4) point source emissions of
NOX in the State have trended downward. All other applicable
infrastructure SIP requirements for South Carolina for the 2010 1-hour
NO2 NAAQS have been addressed in separate rulemakings. See
80 FR 14019 (March 18, 2015), 81 FR 56512 (August 22, 2016), and 81 FR
63704 (September 16, 2016).
    The details of South Carolina's submission and the rationale for
EPA's action are explained in the August 15, 2017, notice of proposed
rulemaking. Comments on the proposed rulemaking were due on or before
September 14, 2017. EPA did not receive any adverse comments on the
proposed action.

II. Final Action

    As described above, EPA is taking final action to approve South
Carolina's December 7, 2016, SIP revision addressing prongs 1 and 2 of
CAA section 110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS.
EPA is taking final action to approve this portion South Carolina's
infrastructure SIP submission because South Carolina's SIP includes
adequate provisions to prevent emissions sources within the State from
significantly contributing to nonattainment or interfering with
maintenance of this standard in any other state.

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. 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).
    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), because it does not have substantial direct
effects on an Indian Tribe. The Catawba Indian Nation Reservation is
located within the State of South Carolina. 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.'' However, EPA has determined that
this action does not have substantial direct effects on an Indian Tribe
because it is not approving any specific rule, but rather determining
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 December 4, 2017. 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.

    Dated: September 21, 2017.
Onis ``Trey'' Glenn, III,
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               12/7/2016  10/3/2017, [insert Federal  Addressing Prongs 1 and 2
 Requirements for the 2010 1-hour NO2                      Register citation].         of section
 NAAQS.                                                                                110(a)(2)(D)(i) only.
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[FR Doc. 2017-21121 Filed 10-2-17; 8:45 am]
 BILLING CODE 6560-50-P