63106 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0250; FRL–9952–32– 

Region 4] 

Air Plan Approval; GA Infrastructure 

Requirements for the 2010 1-Hour NO2

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

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 Georgia, 

through the Georgia Department of 

Natural Resources, Environmental 

Protection Division (GA EPD), on March 

25, 2013, to demonstrate that the State 

meets the infrastructure requirements of 

the Clean Air Act (CAA or Act) 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, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. GA EPD certified 

that the Georgia SIP contains provisions 

that ensure the 2010 1-hour NO2

NAAQS is implemented, enforced, and 

maintained in Georgia. EPA has 

determined that portions of Georgia’s 

infrastructure submission, submitted on 

March 25, 2013, addresses certain 

required infrastructure elements for the 

2010 1-hour NO2 NAAQS. 

DATES: This rule will be effective 

October 14, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0250. 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, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. Wong 

can be reached via telephone at (404) 

562–8726 or via electronic mail at 

wong.richard@epa.gov. 

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. Section 110(a)(2) requires 

states to address basic SIP requirements, 

including emissions inventories, 

monitoring, and modeling to assure 

attainment and maintenance of the 

NAAQS. States were required to submit 

such SIPs for the 2010 1-hour NO2

NAAQS to EPA no later than January 

22, 2013. 

In a proposed rulemaking published 

on June 28, 2016 (81 FR 41905), EPA 

proposed to approve Georgia’s 2010 

1-hour NO2 NAAQS infrastructure SIP 

submission submitted on March 25, 

2013, 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 Georgia’s March 

25, 2013, 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). Additionally, on 

July 11, 2016, EPA published a 

proposed rule related to the prong 4 

element of Georgia’s March 25, 2013, 

SIP submission for the 2010 1-hour NO2

NAAQS. See 81 FR 44831. EPA will 

consider final action on the prong 4 

element of Georgia’s March 25, 2013, 

SIP submission for the 2010 1-hour NO2

NAAQS through a separate rulemaking. 

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 Georgia’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 

action to approve Georgia’s 

infrastructure submission submitted on 

March 25, 2013, for the 2010 1-hour 

NO2 NAAQS. EPA is taking final action 

to approve Georgia’s infrastructure SIP 

submission for the 2010 1-hour NO2

NAAQS because the submission 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.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 


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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 63107 

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 

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 14, 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 

■ 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 52.570(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: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic or 

nonattainment area 

State 

submittal date/ 

effective date 

EPA approval 

date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour 

NO2 NAASQ.

Georgia .......................................... 3/25/2013 9/14/2016 With the exception of sections 

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). 

[FR Doc. 2016–21991 Filed 9–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0501; FRL–9952–31– 

Region 4] 

Air Plan Approval and Disapproval; 

North Carolina: New Source Review for 

Fine Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, in part, and 

disapproving, in part, changes to the 

North Carolina State Implementation 

Plan (SIP), provided by the North 

Carolina Department of Environmental 

Quality (NC DEQ) through the Division 

of Air Quality (DAQ), to EPA in 

submittals dated May 16, 2011, (two 

separate submittals) and September 5, 

2013. These SIP submittals modify 

North Carolina’s New Source Review 

(NSR)—Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NNSR)— 

permitting regulations and include the 

adoption of some federal requirements 

regarding implementation of the fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

through the NSR permitting program. As 

a result of the disapproval of a portion 

of the State’s NSR requirements, EPA is 

also approving, in part, and 

disapproving, in part, the PSD elements 

of North Carolina’s infrastructure SIP 

submittals for the 2008 lead, 2008 8- 

hour ozone, 2010 sulfur dioxide (SO2), 

2010 nitrogen dioxide (NO2) and the 

2012 PM2.5 NAAQS, and converting the 

Agency’s previous conditional 

approvals of the PSD elements of North 


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