Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45995 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. A 

National Institute for Occupational 

Safety and Health (NIOSH)-certified air 

purifying, tight-fitting full-face 

respirator equipped with N–100, P–100, 

or R–100 cartridges, or power air 

purifying particulate respirator with an 

Assigned Protection Factor (APF) of at 

least 50 meets the requirements of 

§ 721.63(a)(4). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) and (q). A 

significant new use is any use involving 

an application method that generates a 

vapor, mist or aerosol. 

(iii) Disposal. Requirements as 

specified in § 721.85(a)(1), (a)(2), (b)(1), 

(b)(2), (c)(1), and (c)(2). 

(iv) Release to water. Requirements as 

specified in § 721.90(b)(1) and (c)(1). 

Any predictable or purposeful release of 

a manufacturing stream associated with 

any use of the substance from any site 

is a significant new use other than the 

water releases described in the 

manufacturing process of PMN P–11– 

482. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (e), (i), (j), and (k) 

are applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

[FR Doc. 2017–21237 Filed 10–2–17; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

(404) 562–8966 or via electronic mail at 

febres-martinez.andres@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 

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 


jstallworth on DSKBBY8HB2PROD with RULES
45996 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45997 

1On October 1, 2015, EPA strengthened the 8- 

hour ozone NAAQS to 0.070 ppm. See 80 FR 65292 

(October 16, 2015). This rulemaking addresses the 

Continued 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart PP—South Carolina 

■ 2. In § 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: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

Provision 

State 

effective 

date 

EPA approval date Explanation 

*******

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

hour NO2 NAAQS.

12/7/2016 10/3/2017, [insert Federal 

Register citation].

Addressing Prongs 1 and 2 of 

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

[FR Doc. 2017–21121 Filed 10–2–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0396; FRL–9968–54– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; 2011 Base Year Inventory 

for the 2008 8-Hour Ozone National 

Ambient Air Quality Standard for the 

Baltimore, Maryland Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the 2011 base year 

inventory for the Baltimore, Maryland 

moderate nonattainment area for the 

2008 8-hour ozone national ambient air 

quality standard (NAAQS). The State of 

Maryland submitted the emission 

inventory through the Maryland 

Department of the Environment (MDE) 

to meet the nonattainment requirements 

for moderate ozone nonattainment areas 

for the 2008 8-hour ozone NAAQS. EPA 

is approving the 2011 base year 

emissions inventory for the 2008 8-hour 

ozone NAAQS as a revision to the 

Maryland state implementation plan 

(SIP) in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 4, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 2, 2017. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0396 at https://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gavin Huang, (215) 814–2042, or by 

email at huang.gavin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Ground level ozone is formed when 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) react in the 

presence of sunlight. NOX and VOC are 

referred to as ozone precursors and are 

emitted by many types of pollution 

sources, including motor vehicles, 

power plants, industrial facilities, and 

area wide sources, such as consumer 

products and lawn and garden 

equipment. Scientific evidence 

indicates that adverse public health 

effects occur following exposure to 

ozone. These effects are more 

pronounced in children and adults with 

lung disease. Breathing air containing 

ozone can reduce lung function and 

inflame airways, which can increase 

respiratory symptoms and aggravate 

asthma or other lung diseases. In 

response to this scientific evidence, EPA 

promulgated in 1979 the first ozone 

NAAQS, the 0.12 part per million (ppm) 

1-hour ozone NAAQS. See 44 FR 8202 

(February 8, 1979). Before the first 

ozone NAAQS, EPA had previously 

promulgated a NAAQS for total 

photochemical oxidants. See 36 FR 8186 

(April 30, 1971). 

On July 18, 1997, EPA promulgated a 

revised ozone NAAQS of 0.08 ppm, 

averaged over eight hours. 62 FR 38855. 

This 8-hour ozone NAAQS was 

determined to be more protective of 

public health than the previous 1979 1- 

hour ozone NAAQS. In 2008, EPA 

revised the 8-hour ozone NAAQS from 

0.08 to 0.075 ppm. See 73 FR 16436 

(March 27, 2008).1


jstallworth on DSKBBY8HB2PROD with RULES