35634 Federal Register / Vol. 81, No. 107 / Friday, June 3, 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 an EPA-administered cap and trade 

program for EGUs in which States could join as a 

means to meet these requirements. 

Shared equipment includes, but is not 

limited to, produced fluids storage 

tanks, phase separators, natural gas 

dehydrators or emissions control 

devices. Surface site, as used in the 

introductory text of this definition, has 

the same meaning as in 40 CFR 63.761. 

* * * * * 

[FR Doc. 2016–11968 Filed 6–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0072; FRL–9947–22– 

Region 4] 

Air Plan Approval; North Carolina; 

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 approving portions of 

revisions to the North Carolina State 

Implementation Plan (SIP), submitted 

by the North Carolina Department of 

Environment and Natural Resources (NC 

DENR), 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 approving the prong 

4 portions of North Carolina’s November 

2, 2012, 2008 8-hour Ozone 

infrastructure SIP submission; August 

23, 2013, 2010 1-hour NO2

infrastructure SIP submission; March 

18, 2014, 2010 1-hour SO2 infrastructure 

SIP submission; and December 4, 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 is effective July 5, 

2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0072. All documents in the docket 

are listed on the http://

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 http://

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 

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. 

North Carolina’s November 2, 2012, 

2008 8-hour Ozone submission; August 

23, 2013, 2010 1-hour NO2 submission; 

March 18, 2014, 2010 1-hour SO2

submission; and December 4, 2015, 

2012 Annual PM2.5 submission cite to 

the State’s regional haze SIP as 

satisfying prong 4 requirements. 

However, at those dates, EPA had not 

yet fully approved North Carolina’s 

regional haze SIP because the SIP relied 

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 (LTS) sufficient to 

achieve the state-adopted reasonable 

progress goals.1

EPA demonstrated that CAIR 

achieved greater reasonable progress 

toward the national visibility goal than 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35635 

2North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008). 

3North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 

2008). 

4Although a number of parties challenged the 

legality of CSAPR and the D.C. Circuit initially 

vacated and remanded CSAPR to EPA in EME 

Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 

(D.C. Cir. 2012), the United States Supreme Court 

reversed the D.C. Circuit’s decision on April 29, 

2014, and remanded the case to the D.C. Circuit to 

resolve remaining issues in accordance with the 

high court’s ruling. EPA v. EME Homer City 

Generation, L.P., 134 S. Ct. 1584 (2014). On remand, 

the D.C. Circuit affirmed CSAPR in most respects 

and CSAPR is now in effect. EME Homer City 

Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 

2015). 

BART for NOX and SO2 at BART-eligible 

EGUs in CAIR affected states, and 

revised the regional haze rule (RHR) to 

provide that states participating in 

CAIR’s cap-and-trade program need not 

require affected BART-eligible EGUs to 

install, operate, and maintain BART for 

emissions of SO2 and NOX. See 70 FR 

39104 (July 6, 2005). As a result, a 

number of states in the CAIR region 

designed their regional haze SIPs to rely 

on CAIR as an alternative to NOX and 

SO2 BART for CAIR-subject EGUs. 

These states also relied on CAIR as an 

element of a LTS for achieving their 

reasonable progress goals. 

The United States Court of Appeals 

for the District of Columbia Circuit (D.C. 

Circuit) initially vacated CAIR in 2008,2

but ultimately remanded the rule to EPA 

without vacatur to preserve the 

environmental benefits provided by 

CAIR.3 On August 8, 2011, acting on the 

D.C. Circuit’s remand, EPA promulgated 

the Cross State Air Pollution Rule 

(CSAPR) to replace CAIR and thus to 

address the interstate transport of 

emissions contributing to nonattainment 

and interfering with maintenance of the 

two air quality standards covered by 

CAIR as well as the 2006 PM2.5

NAAQS.4 See 76 FR 48208. 

Due to CAIR’s status as a temporary 

measure following the D.C. Circuit’s 

2008 ruling, EPA could not fully 

approve regional haze SIP revisions to 

the extent that they relied on CAIR to 

satisfy the BART requirement and the 

requirement for a long-term strategy 

sufficient to achieve the state-adopted 

reasonable progress goals. On these 

grounds, EPA finalized a limited 

disapproval of North Carolina’s regional 

haze SIP on June 7, 2012, triggering the 

requirement for EPA to promulgate a 

federal implementation plan (FIP) 

unless North Carolina submitted and 

EPA approved a SIP revision that 

corrected the deficiency. See 77 FR 

33642. EPA finalized a limited approval 

of North Carolina’s regional haze SIP on 

June 27, 2012, as meeting the remaining 

applicable regional haze requirements 

set forth in the CAA and the RHR. See 

77 FR 38185. 

On October 31, 2014, North Carolina 

submitted a regional haze plan revision 

to correct the deficiencies identified in 

the June 7, 2012, limited disapproval by 

replacing reliance on CAIR with 

reliance on a BART alternative to satisfy 

NOX and SO2 BART requirements for 

EGUs formerly subject to CAIR. EPA 

finalized approval of the October 31, 

2014, SIP revision and converted North 

Carolina’s regional haze plan from a 

limited approval to a full approval on 

May 12, 2016. That action also removed 

EPA’s obligation to implement a FIP to 

correct the previous deficiencies for 

North Carolina’s initial regional haze 

plan. 

In a proposed rulemaking (NPRM) 

published on April 8, 2016 (81 FR 

20600), EPA proposed to approve the 

prong 4 portions of North Carolina’s 

infrastructure SIP submissions for the 

2008 8-hour Ozone, 2010 1-hour NO2, 

2010 1-hour SO2, and 2012 annual PM2.5

NAAQS based on final approval of the 

State’s October 31, 2014, SIP revision. 

As discussed above, EPA subsequently 

finalized that SIP revision and 

converted North Carolina’s regional 

haze plan from a limited approval to a 

full approval. The details of the 

aforementioned North Carolina 

infrastructure SIP submissions and the 

rationale for EPA’s action is explained 

in the NPRM. Comments on the 

proposed rulemaking were due on or 

before April 29, 2016. EPA received no 

adverse comments on the proposed 

action. 

II. Final Action 

EPA is approving the prong 4 portions 

of North Carolina’s November 2, 2012, 

2008 8-hour Ozone infrastructure SIP 

submission; August 23, 2013, 2010 1- 

hour NO2 infrastructure SIP submission; 

March 18, 2014, 2010 1-hour SO2

infrastructure SIP submission; and 

December 4, 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. 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 

mstockstill on DSK3G9T082PROD with RULES

35636 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 

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 August 2, 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, Volatile organic 

compounds. 

Dated: May 23, 2016. 

Heather McTeer Toney, 

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 II—North Carolina 

■ 2. Section 52.1770(e), is amended by 

adding new entries for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2008 8-Hour Ozone NAAQS’’, ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 2010 1-hour NO2 NAAQS’’, 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2010 1-hour SO2

NAAQS’’ and ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2012 

Annual PM2.5 NAAQS’’ at the end of the 

table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA 

approval 

date 

Federal Register 

citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 

the 2008 8-Hour Ozone NAAQS.

11/2/2012 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

110(a)(1) and (2) Infrastructure Requirements for 

the 2010 1-hour NO2 NAAQS.

8/23/2013 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

110(a)(1) and (2) Infrastructure Requirements for 

the 2010 1-hour SO2 NAAQS.

3/18/2014 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

110(a)(1) and (2) Infrastructure Requirements for 

the 2012 Annual PM2.5 NAAQS.

12/4/2015 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

[FR Doc. 2016–13036 Filed 6–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0198; FRL–9940–14– 

Region 1] 

Approval and Promulgation of 

Implementation Plans; Connecticut; 

Infrastructure Requirements for Lead, 

Ozone, Nitrogen Dioxide, Sulfur 

Dioxide, and Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

submissions from Connecticut regarding 

the infrastructure requirements of the 

Clean Air Act (CAA or Act) for the 2008 

lead, 2008 ozone, 2010 nitrogen dioxide, 

and 2010 sulfur dioxide National 

Ambient Air Quality Standards 

(NAAQS). EPA is also converting 

conditional approvals for several 

infrastructure requirements for the 1997 

ozone NAAQS and for the 1997 and 

2006 fine particle (PM2.5) NAAQS to full 

approval under the CAA. Furthermore, 

we are conditionally approving 

elements of Connecticut’s infrastructure 

requirements of the CAA regarding 

prevention of significant deterioration 

requirements to treat nitrogen oxides as 

a precursor to ozone and to establish a 

minor source baseline date for PM2.5

emissions. Lastly, EPA is approving 

three statutes submitted by Connecticut 

in support of its demonstration that the 

infrastructure requirements of the CAA 

have been met. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This rule is effective on July 5, 

2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2015–0198. All documents in the docket 

are listed on the http://

www.regulations.gov Web site, although 

some information, such as confidential 

business information or other 

information whose disclosure is 

restricted by statute is not publically 

available. 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 at http://www.regulations.gov 

or at the U.S. Environmental Protection 

Agency, EPA New England Regional 

mstockstill on DSK3G9T082PROD with RULES