Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47983 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation [Chapter 

16–20 or 45 CSR] Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation at 40 

CFR 52.2565 

*******

[45 CSR] Series 8 Ambient Air Quality Standards 

Section 45–8–1 .......... General ................................ 6/1/17 10/16/2017, [Insert Federal Register Citation].Filing and effective dates are revised. 

Section 45–8–2 .......... Definitions ............................ 6/1/17 10/16/2017, [Insert Federal Register Citation].Previous Approval 9/22/2014. 

Section 45–8–3 .......... Adoption of Standards ......... 6/1/17 10/16/2017, [Insert Federal Register Citation].Effective date is revised. 

Section 45–8–4 .......... Inconsistency Between 

Rules.

6/1/17 10/16/2017, [Insert Federal Register Citation].Replaced ‘‘West Virginia Department of Environmental Protection’’ with ‘‘Division of Air Quality’’. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–22254 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

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 NO2 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

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 

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 


jstallworth on DSKBBY8HB2PROD with RULES
47984 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

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 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 the 2010 

1-hour NO2 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 NO2

NAAQS. Florida 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) maximum 1-hour NO2

concentrations in states near Florida 

(Alabama, Georgia, Louisiana, 

Mississippi, and South Carolina) are 

below the 2010 standard; (4) monitored 

design values for NO2 in the State are 

well below the 2010 1-hour NO2

NAAQS and are trending downward; 

and (5) total NOX emissions in the State 

are also trending downward. The other 

applicable infrastructure SIP 

requirements for Florida for the 2010 1- 

hour NO2 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 NO2 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 NO2 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: 

• 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 Clean Air Act; 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 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 NO2 NAAQS’’ at the end of 

the table to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register 

notice Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.2/3/2017 10/16/2017 [Insert citation of 

publication].

Addressing Prongs 1 and 2 of section 

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

[FR Doc. 2017–22229 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0592; FRL–9969–40– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendment to Ambient Air Quality 

Standard for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Virginia state 

implementation plan (SIP). This 

revision consists of an amendment to 

Virginia’s SIP to incorporate by 

reference, the most recent federal 

ambient air quality standard for ozone. 

EPA is approving this revision in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

December 15, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 15, 

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–2016–0592 at http://

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 

On October 26, 2015 (80 FR 65292), 

EPA revised the primary and secondary 

national ambient air quality standards 

(NAAQS) for ozone to 0.070 parts per 

million (ppm). The primary and 

secondary ambient air quality standards 

are met at an ambient air quality 

monitoring site when the 3-year average 

of the annual fourth-highest daily 

maximum 8-hour average ozone 

concentration is less than or equal to 

0.070 ppm. 

On July 25, 2016, the Commonwealth 

of Virginia through the Virginia 

Department of Environmental Quality 

(VADEQ) submitted a formal revision to 

its SIP. The SIP revision seeks to 

incorporate the 2015 ozone NAAQS 

promulgated by EPA into the Virginia 

SIP. 

II. Summary of SIP Revision and EPA 

Analysis 

In the July 25, 2016 SIP submission, 

Virginia seeks to add regulation 9VAC5– 

30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to 

the Virginia SIP. Regulation 9VAC5–30– 

57 incorporates by reference the 2015 

ozone NAAQS as promulgated by EPA 

and is consistent with the NAAQS set 

out in 40 CFR part 50. See 80 FR 65292 

(October 26, 2015). 


jstallworth on DSKBBY8HB2PROD with RULES