Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65899 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit 

No. 

State 

effective 

date 

EPA approval date Explanation 

*******

(31) Exide Technologies 

Canon Hollow, MO.

Consent Judgment 14H0– 

CC00064.

10/10/14 9/26/16 and [Insert Federal 

Register citation].

* * * * * (e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of 

nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval 

date Explanation 

*******

(71) Exide Technologies Compliance Plan 2008 lead 

NAAQS.

Forest City .............................. 10/15/14 9/26/16 and [Insert Federal 

Register citation].

[EPA–R07–OAR–2015–0835; 

FRL 9952–79–Region 7]. 

* * * * * 

[FR Doc. 2016–22981 Filed 9–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0315; FRL–9952–72- 

Region 4] 

Air Plan Approval; Georgia; 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 conditionally 

approving the portions of revisions to 

the Georgia State Implementation Plan 

(SIP), submitted by the Georgia 

Department of Natural Resources (DNR), 

Environmental Protection Division 

(GAEPD), 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 conditionally 

approving the prong 4 portions of 

Georgia’s March 6, 2012, 8-hour Ozone 

infrastructure SIP submission; March 

25, 2013, 2010 1-hour NO2

infrastructure SIP submission; October 

22, 2013, 2010 1-hour SO2 infrastructure 

SIP submission; and December 14, 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 will be effective [insert 

date 30 days after date of publication in 

the Federal Register]. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No EPA–R04–OAR–2016– 

0315. 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: 

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 

lakeman.sean@epa.gov. 

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 

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65900 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 

1CAIR, 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 several EPA-administered cap and trade 

programs for EGUs that States could join as a means 

to meet these requirements. 

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. 

Georgia’s infrastructure SIP revisions 

cite to the regional haze program as 

satisfying the requirements of prong 4 

for the 2008 8-hour Ozone, 2010 1-hour 

NO2, 2010 1-hour SO2, and 2012 annual 

PM2.5 NAAQS. However, the State may 

not currently rely on its regional haze 

SIP to satisfy these requirements 

because EPA has not yet fully approved 

Georgia’s regional haze SIP as it relies 

on the Clean Air Interstate Rule (CAIR) 

to satisfy the nitrogen oxides (NOX) and 

SO2 Best Available Retrofit Technology 

(BART) requirements for the CAIRsubject electric generating units (EGUs) 

in the State and the requirement for a 

long-term strategy sufficient to achieve 

the state-adopted reasonable progress 

goals.1 Therefore, on May 26, 2016, 

Georgia submitted a commitment letter 

to EPA requesting conditional approval 

of the prong 4 portions of the 

aforementioned infrastructure SIP 

revisions. 

In its commitment letter, Georgia 

commits to satisfy the prong 4 

requirements for the 2008 8-hour ozone 

NAAQS, 2010 1-hour NO2 NAAQS, 

2010 1-hour SO2 NAAQS, and 2012 

PM2.5 NAAQS by providing a SIP 

revision that adopts provisions for 

participation in the Cross State Air 

Pollution Rule annual NOX and annual 

SO2 trading programs, including annual 

NOX and annual SO2 budgets that are at 

least as stringent as the budgets codified 

for Georgia at 40 CFR 97.710(a) (SO2

Group 2 trading budgets) and 40 CFR 

97.410(a) (NOX Annual trading budgets). 

Georgia will rely on this SIP revision 

adopting such budgets to submit a 

concurrent SIP revision specifically 

addressing the visibility requirements of 

prong 4. In its commitment letter, 

Georgia commits to providing these two 

concurrent SIP revisions within one 

year of EPA’s final conditional approval 

of the prong 4 portions of the 

infrastructure SIP revisions and 

provides an anticipated schedule for 

these revisions. If the revised 

infrastructure SIP revision relies on a 

fully approvable regional haze SIP, 

Georgia also commits to providing the 

necessary regional haze SIP revision to 

EPA within one year of EPA’s final 

conditional approval. 

If Georgia meets its commitment 

within one year of final conditional 

approval, the prong 4 portions of the 

conditionally approved infrastructure 

SIP submissions will remain a part of 

the SIP until EPA takes final action 

approving or disapproving the new SIP 

revision(s). However, if the State fails to 

submit these revisions within the oneyear timeframe, the conditional 

approval will automatically become a 

disapproval one year from EPA’s final 

conditional approval and EPA will issue 

a finding of disapproval. EPA is not 

required to propose the finding of 

disapproval. If the conditional approval 

is converted to a disapproval, the final 

disapproval triggers the FIP requirement 

under CAA section 110(c). 

In a notice of proposed rulemaking 

(NPRM) published on July 11, 2016 (81 

FR 44831), EPA proposed to 

conditionally approve the prong 4 

portions of the aforementioned 

infrastructure SIP submissions. The 

NPRM provides additional detail 

regarding the rationale for EPA’s action, 

including further discussion of the 

prong 4 requirements and the basis for 

Georgia’s commitment letter. Comments 

on the proposed rulemaking were due 

on or before August 10, 2016. EPA 

received no adverse comments on the 

proposed action. 

II. Final Action 

EPA is conditionally approving the 

prong 4 portions of Georgia’s March 6, 

2012, 8-hour Ozone infrastructure SIP 

submission; March 25, 2013, 2010 1- 

hour NO2 infrastructure SIP submission; 

October 22, 2013, 2010 1-hour SO2

infrastructure SIP submission; and 

December 14, 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.aw 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 

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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65901 

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, 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 

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 25, 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, Sulfur dioxide, Volatile 

organic compounds. 

Dated: September 13, 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart L—Georgia 

■ 2. Section 52.569 is added to read as 

follows: 

§ 52.569 Conditional approval. 

Georgia submitted a letter to EPA on 

May 26, 2016, with a commitment to 

address the State Implementation Plan 

deficiencies regarding requirements of 

Clean Air Act section 110(a)(2)(D)(i)(II) 

related to interference with measures to 

protect visibility in another state (prong 

4) for the 2008 8-hour Ozone, 2010 1- 

hour NO2, 2010 1-hour SO2, and 2012 

annual PM2.5 NAAQS. EPA 

conditionally approved the prong 4 

portions of Georgia’s March 6, 2012, 8- 

hour Ozone infrastructure SIP 

submission; March 25, 2013, 2010 1- 

hour NO2 infrastructure SIP submission; 

October 22, 2013, 2010 1-hour SO2

infrastructure SIP submission; and 

December 14, 2015, 2012 annual PM2.5

infrastructure SIP submission in an 

action published in the Federal Register 

on September 26, 2016. If Georgia fails 

to meet its commitment by September 

26, 2017, the conditional approval will 

automatically become a disapproval on 

that date and EPA will issue a finding 

of disapproval. 

[FR Doc. 2016–22887 Filed 9–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 130 

[EPA–HQ–OW–2014–0622; FRL–9952–61– 

OW] 

RIN 2040–AF52 

Treatment of Indian Tribes in a Similar 

Manner as States for Purposes of 

Section 303(d) of the Clean Water Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In section 518(e) of the Clean 

Water Act (CWA), Congress authorized 

the Environmental Protection Agency 

(EPA) to treat eligible federally 

recognized Indian tribes in a similar 

manner as a state for purposes of 

administering section 303 and certain 

other provisions of the CWA, and 

directed the agency to promulgate 

regulations effectuating this 

authorization. EPA has issued 

regulations establishing a process for 

federally recognized tribes to obtain 

treatment in a similar manner as states 

(TAS) for several provisions of the 

CWA; for example, 53 tribes have 

obtained TAS authority to issue water 

quality standards under CWA section 

303(c). EPA has not yet promulgated 

regulations expressly establishing a 

process for tribes to obtain TAS 

authority to administer the water quality 

restoration provisions of CWA section 

303(d), including issuing lists of 

impaired waters and developing total 

maximum daily loads (TMDLs), as states 

routinely do. EPA is now remedying 

this gap. By establishing regulatory 

procedures for eligible tribes to obtain 

TAS for the CWA Section 303(d) 

Impaired Water Listing and TMDL 

Program, this final rule enables eligible 

tribes to obtain authority to identify 

impaired waters on their reservations 

and to establish TMDLs, which serve as 

plans for attaining and maintaining 

applicable water quality standards 

(WQS). The rule is comparable to 

similar regulations that EPA issued in 

the 1990s for the CWA Section 303(c) 

WQS and CWA Section 402 and Section 

404 Permitting Programs, and includes 

features designed to minimize 

paperwork and unnecessary reviews. 

DATES: This final rule is effective 

October 26, 2016. 

ADDRESSES: EPA has established a 

docket for this rule under Docket 

identification (ID) No. EPA–HQ–OW– 

2014–0622. All documents in the docket 

are listed and accessible for viewing at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Chemerys, Assessment and 

Watershed Protection Division, Office of 

Wetlands, Oceans and Watersheds 

(4503T), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 566–1216; fax number: 

(202) 566–1331; email address: 

TASTMDL@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information is organized 

as follows: 

I. General Information 

A. Does this action apply to me? 

B. Over what area may tribes apply for TAS 

for the CWA Section 303(d) Impaired 

Water Listing and TMDL Program? 

C. How was this rule developed? 

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