
[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61724-61727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24897]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0553; FRL-9738-9]


Partial Approval and Partial Disapproval of Air Quality 
Implementation Plans for Florida, Mississippi, and South Carolina; 
Section 110(a)(2)(D)(i)(I) Transport Requirements for the 2006 24-Hour 
Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to partially approve and partially 
disapprove revisions to the State Implementation Plans (SIPs) for 
Florida, Mississippi, and South Carolina submitted on September 23, 
2009, October 6, 2009, and September 18, 2009, respectively. EPA is 
approving the determinations, contained in those submittals, that the 
existing SIPs for Florida, Mississippi, and South Carolina are adequate 
to meet the obligation under section 110(a)(2)(D)(i)(I) of the Clean 
Air Act (CAA or Act) to address interstate transport requirements with 
regard to the 2006 24-hour particulate matter (PM2.5) 
national ambient air quality standard (NAAQS). Specifically, the 
interstate transport requirements contained in section 
110(a)(2)(D)(i)(I) of the CAA prohibit a state's emissions from 
significantly contributing to nonattainment or interfering with the 
maintenance of the NAAQS in any other state. EPA is approving the 
States' determinations that their existing SIPs satisfy this 
requirement and conclusion that additional control measures are not 
necessary under section 110(a)(2)(D)(i)(I) because emissions from 
Florida, Mississippi and South Carolina do not contribute significantly 
to nonattainment or interfere with maintenance of the 2006 24-hour 
PM2.5 NAAQS in any other state. EPA is also disapproving the 
SIP submissions from Florida, Mississippi and South Carolina to the 
extent that they rely on the Clean Air Interstate Rule (CAIR) to meet 
the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour 
PM2.5 NAAQS. Because CAIR does not address the 2006 
PM2.5 NAAQS, it cannot be relied upon to satisfy any 
requirements related to that NAAQS.

DATES: This rule will be effective on November 13, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0553. 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 Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and

[[Page 61725]]

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 to 4:30 excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On September 21, 2006, EPA revised the 24-hour average 
PM2.5 primary and secondary NAAQS from 65 micrograms per 
cubic meter ([mu]g/m\3\) to 35 [mu]g/m\3\ based on a 3-year average of 
the 98th percentile of 24-hour concentrations. See 71 FR 61144 (October 
17, 2006). Section 110(a)(1) of the CAA requires states to submit to 
EPA SIPs that provide for the ``implementation, maintenance, and 
enforcement'' of a new or revised NAAQS within 3 years after 
promulgation of such standards, or within such shorter period as EPA 
may prescribe.\1\ Sections 110(a)(1) and (2) require these submissions 
to address basic SIP requirements, including emissions inventories, 
monitoring, and modeling to assure attainment and maintenance of the 
NAAQS. EPA thus refers to these submissions as ``infrastructure'' SIPs. 
States were required to submit such SIPs to EPA no later than September 
21, 2009, for the 2006 24-hour PM2.5 NAAQS. SIPs must 
address the requirements of 110(a)(2), as applicable.
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    \1\ The rule establishing the revised PM2.5 NAAQS was 
signed by the Administrator and publically disseminated on September 
21, 2006. Because EPA did not prescribe a shorter period for 110(a) 
``infrastructure'' SIP submittals, these submittals were due on 
September 21, 2009, three years from the September 21, 2006, 
signature date pursuant to section 110(a)(1) of the CAA.
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    On September 23, 2009, October 6, 2009, and September 18, 2009, 
Florida, Mississippi and South Carolina, respectively, provided EPA 
with infrastructure SIP submissions certifying that the provisions in 
their current SIPs were adequate to address the CAA section 
110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM2.5 
NAAQS. On July 23, 2012, EPA proposed to partially approve Florida, 
Mississippi and South Carolina's determination that their existing SIPs 
satisfy this requirement and to conclude that additional control 
measures are not necessary under section 110(a)(2)(D)(i)(I) because 
emissions from these states do not contribute significantly to 
nonattainment or interfere with maintenance of the 2006 24-hour 
PM2.5 NAAQS in any other state. Additionally, in the same 
proposal EPA proposed to partially disapprove Florida, Mississippi and 
South Carolina's determination that their existing SIPs satisfy section 
110(a)(2)(D)(i)(I) to the extent that these states relied upon CAIR to 
meet section 110(a)(2)(D)(i)(I) requirements in their infrastructure 
submissions for the 2006 PM2.5 NAAQS, since CAIR did not 
address that NAAQS. See EPA's July 23, 2012, proposed rulemaking at 77 
FR 43018 for more detail. EPA received no adverse comments on this 
proposal.
    EPA is taking final action to partially approve and partially 
disapprove revisions to the SIPs for Florida, Mississippi, and South 
Carolina submitted on September 23, 2009, October 6, 2009, and 
September 18, 2009 respectively. EPA is approving the States' 
determinations that the existing SIPs of Florida, Mississippi, and 
South Carolina have adequate provisions to satisfy the obligation under 
section 110(a)(2)(D)(i)(I) of the CAA to address interstate transport 
requirements with regard to the 2006 24-hour PM2.5 NAAQS. 
This conclusion is based on air quality modeling originally conducted 
to quantify each individual state's contributions to downwind 
nonattainment and maintenance areas during the rulemaking process for 
the Transport Rule (also known as the Cross State Air Pollution Rule or 
CSAPR). This modeling is described in a technical support document 
which is in the docket for this rulemaking, Docket ID No., EPA-R04-OAR-
2012-0553. This air quality modeling demonstrates that emissions from 
the states of Florida, Mississippi and South Carolina do not contribute 
more than one percent of the NAAQS to any downwind areas with 
nonattainment and maintenance problems with respect to the 2006 
PM2.5 NAAQS. For this reason, as explained in the proposal, 
77 FR 43021, EPA concludes that these states do not contribute 
significantly to nonattainment or interfere with maintenance of the 
2006 PM2.5 NAAQS in another state.
    The recent opinion vacating the Transport Rule, EME Homer City 
Generation v. EPA, No. 11-1302 (D.C. Cir., August 21, 2012), does not 
alter our conclusion that the existing SIPs for these states adequately 
address this requirement, and our rationale supporting this conclusion 
remains the same. Nothing in the Homer City opinion suggests that the 
air quality modeling on which our July 23, 2012 proposal relied was 
flawed or invalid for any reason. In addition, nothing in that opinion 
undermines or calls into question our proposed conclusion that, because 
emissions from Florida, Mississippi and South Carolina do not 
contribute more than one percent of the NAAQS to any downwind area with 
nonattainment or maintenance problems, these states do not contribute 
significantly to nonattainment or interfere with maintenance in another 
state. As EPA explained in the proposal, 77 FR 43022, this action does 
not rely on any requirements of the Transport Rule or emission 
reductions associated with that rule to support its conclusion that 
these three states have met their 110(a)(2)(D)(i)(I) obligations with 
respect to the 2006 PM2.5 NAAQS.
    Additionally, EPA is partially disapproving the SIP submissions 
from Florida, Mississippi and South Carolina to the extent they rely on 
CAIR to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour 
PM2.5 NAAQS. As explained in our July 23, 2012, proposal, 77 
FR 43021, a state may not rely on CAIR to satisfy the requirements of 
section 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 
NAAQS because CAIR addressed only the 1997 PM2.5 and 8-hour 
ozone NAAQS and did not address the 2006 PM2.5 NAAQS or any 
requirements related to that NAAQS. Today's partial disapproval will 
not trigger any further action, or a Federal Implementation Plan, for 
these States because today's action does not identify any deficiency in 
the SIPs. Thus, no further action will be required on the part of 
Florida, Mississippi, or South Carolina as a result of the partial 
disapproval because the SIPs themselves are not deficient with respect 
to the 2006 24-hour PM2.5 NAAQS.

II. Final Action

    EPA is taking final action to partially approve and partially 
disapprove infrastructure submissions from Florida, Mississippi and 
South Carolina dated September 23, 2009, October 6, 2009 and September 
18, 2009, respectively,

[[Page 61726]]

regarding the 110(a)(2)(D)(i)(I) requirements for the 2006 
PM2.5 NAAQS. Today's partial disapproval will not trigger a 
FIP for these States. See EPA's July 23, 2012, proposed rulemaking at 
77 FR 43018 for more detail. In this action, EPA is only addressing the 
SIP revisions respecting section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 NAAQS. The SIP revisions pertaining to the remainder 
of section 110(a)(2)(D)(i) and sections 110(a)(2)(A)-(M), except for 
sections 110(a)(2)(C) and 110(a)(2)(I) nonattainment area requirements, 
are being addressed in separate actions.

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. 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 partially approves state law as meeting federal requirements and 
partially disapproves state law because it does not meet federal 
requirements. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 rule does not have tribal implications for Florida 
and Mississippi as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country, and EPA notes that it will not impose substantial direct costs 
on tribal governments or preempt tribal law. Further, EPA has 
determined that this final rule does not have tribal implications for 
South Carolina as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because there are no ``substantial direct effects'' 
on an Indian Tribe as a result of this action. The Catawba Indian 
Nation Reservation is located within the South Carolina portion of the 
bi-state Charlotte nonattainment area. 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.'' Thus, the South Carolina SIP applies 
to the Catawba Reservation. EPA has also preliminarily determined that 
these revisions will not impose any 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 10, 2012. 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, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: September 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour 
PM2.5 NAAQS'' at the end of the table to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

[[Page 61727]]



                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  State effective    EPA approval     Federal Register
            Provision                   date             date              notice              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(2)(D)(i)(I)                     9/23/2009       10/11/2012   [Insert citation of  EPA partially
 Infrastructure Requirements for                                     publication].        disapproved this SIP
 the 2006 24-hour PM2.5 NAAQS.                                                            submission to the
                                                                                          extent that it relied
                                                                                          on the Clean Air
                                                                                          Interstate Rule to
                                                                                          meet the
                                                                                          110(a)(2)(D)(i)(I)
                                                                                          requirements for the
                                                                                          2006 24-hour PM2.5
                                                                                          NAAQS.
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Subpart Z--Mississippi

0
3. Section 52.1270(e) is amended by adding a new entry for 
``110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour 
PM2.5 NAAQS'' at the end of the table to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable      State submittal
   Name of nonregulatory SIP        geographic or     date/effective   EPA approval date        Explanation
           provision             nonattainment area        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(2)(D)(i)(I)               Mississippi.......       10/6/2009   10/11/2012 [Insert  EPA partially
 Infrastructure Requirements                                           citation of         disapproved this SIP
 for the 2006 24-hour PM2.5                                            publication].       submission to the
 NAAQS.                                                                                    extent that it relied
                                                                                           on the Clean Air
                                                                                           Interstate Rule to
                                                                                           meet the
                                                                                           110(a)(2)(D)(i)(I)
                                                                                           requirements for the
                                                                                           2006 24-hour PM2.5
                                                                                           NAAQS.
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Subpart PP--South Carolina

0
4. Section 52.2120(e) is amended by adding a new entry for 
``110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour 
PM2.5 NAAQS'' at the end of the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) EPA-approved South Carolina non-regulatory provisions.

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                                        State effective
               Provision                      date           EPA approval date              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(2)(D)(i)(I) Infrastructure            9/18/2009   10/11/2012 [Insert        EPA partially disapproved
 Requirements for the 2006 24-hour                        citation of               this SIP submission to the
 PM2.5 NAAQS.                                             publication].             extent that it relied on the
                                                                                    Clean Air Interstate Rule to
                                                                                    meet the 110(a)(2)(D)(i)(I)
                                                                                    requirements for the 2006 24-
                                                                                    hour PM2.5 NAAQS.
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[FR Doc. 2012-24897 Filed 10-10-12; 8:45 am]
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