[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47983-47985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0079; FRL-9969-20-Region 4]


Air Plan Approval; Florida; Interstate Transport (Prongs 1 and 2) 
for the 2010 1-hour NO<INF>2</INF> Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Florida State Implementation Plan 
(SIP), submitted by the Florida Department of Environmental Protection, 
on February 3, 2017, addressing the Clean Air Act (CAA or Act) 
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 Florida's February 
3, 2017, 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 15, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0079. 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 <a href="/cdn-cgi/l/email-protection#85e3e0e7f7e0f6a8e8e4f7f1ecebe0ffabe4ebe1f7e0f6c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="89efecebfbecfaa4e4e8fbfde0e7ecf3a7e8e7edfbecfac9ecf9e8a7eee6ff">[email protected]</span></a>.

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

[[Page 47984]]

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 
NO<INF>2</INF> 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 (NO<INF>X</INF>). NO<INF>2</INF> is the component of 
greatest concern and is used as the indicator for the larger group of 
NO<INF>X</INF>. Emissions that lead to the formation of NO<INF>2</INF> 
generally also lead to the formation of other NO<INF>X</INF>. 
Therefore, control measures that reduce NO<INF>2</INF> can generally be 
expected to reduce population exposures to all gaseous NO<INF>X</INF> 
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 NO<INF>2</INF> NAAQS to EPA no later than January 22, 
2013. For comprehensive information on the 2010 1-hour NO<INF>2</INF> 
NAAQS, please refer to the Federal Register notice cited immediately 
above.
    In a notice of proposed rulemaking published on August 10, 2017 (82 
FR 37384), EPA proposed to approve Florida's February 3, 2017, SIP 
submission concluding that its SIP adequately addresses prong 1 and 
prong 2 requirements for the 2010 1-hour NO<INF>2</INF> NAAQS. Florida 
provided the following reasons for its determination: (1) The SIP 
contains state regulations that directly or indirectly control 
NO<INF>X</INF> emissions; (2) all areas in the United States are 
designated as unclassifiable/attainment for the 2010 1-hour 
NO<INF>2</INF> NAAQS; (3) maximum 1-hour NO<INF>2</INF> concentrations 
in states near Florida (Alabama, Georgia, Louisiana, Mississippi, and 
South Carolina) are below the 2010 standard; (4) monitored design 
values for NO<INF>2</INF> in the State are well below the 2010 1-hour 
NO<INF>2</INF> NAAQS and are trending downward; and (5) total 
NO<INF>X</INF> emissions in the State are also trending downward. The 
other applicable infrastructure SIP requirements for Florida for the 
2010 1-hour NO<INF>2</INF> NAAQS have been addressed in a separate 
rulemaking or will be addressed separately. On March 18, 2015 (80 FR 
14019), EPA approved the portions of Florida's infrastructure SIP 
regarding the prevention of significant deterioration (PSD) permitting 
requirements of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 
2010 1-hour NO<INF>2</INF> NAAQS. On November 23, 2016 (81 FR 84479), 
EPA approved the portions of Florida's infrastructure SIP regarding 
sections 110(a)(2)(A), prong 4 of section 110(a)(2)(D)(i), section 
110(a)(2)(D)(ii), sections 110(a)(2)(E)-(H), and sections 110(a)(2)(K)-
(M). The portion of Florida's infrastructure SIP related to the ambient 
air quality monitoring and data system requirements of section 
110(a)(2)(B) will be acted on in a separate action.
    The details of Florida's submission and the rationale for EPA's 
action are explained in the August 10, 2017, notice of proposed 
rulemaking. Comments on the proposed rulemaking were due on or before 
September 11, 2017. EPA did not receive any comments, adverse or 
otherwise.

II. Final Action

    As described above, EPA is taking final action to approve Florida's 
February 3, 2017, SIP revision addressing prongs 1 and 2 of CAA section 
110(a)(2)(D)(i) for the 2010 1-hour NO<INF>2</INF> NAAQS. EPA is taking 
final action to approve this portion Florida's infrastructure SIP 
submission because Florida'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. 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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 Clean Air Act; and
    <bullet> 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

[[Page 47985]]

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 15, 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 28, 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 K--Florida

0
2. Section 52.520(e) is amended by adding a new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2010 1-hour NO<INF>2</INF> 
NAAQS'' at the end of the table to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                         State       EPA approval      Federal Register
             Provision              effective date       date               notice              Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure          2/3/2017      10/16/2017  [Insert citation of    Addressing Prongs 1
 Requirements for the 2010 1-hour                                    publication].          and 2 of section
 NO2 NAAQS.                                                                                 110(a)(2)(D)(i)
                                                                                            only.
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[FR Doc. 2017-22229 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P


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