[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Proposed Rules]
[Pages 71866-71875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0503; FRL-10003-70-Region 4]


Air Plan Approval; GA and NC: Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of the Georgia and North Carolina State Implementation 
Plan (SIP) submissions provided on September 24, 2018 and September 27, 
2018, respectively, for inclusion into their respective SIPs. This 
proposal pertains to the infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2015 8-hour ozone national ambient air quality 
standard (NAAQS). Whenever EPA promulgates a new or revised NAAQS, the 
CAA requires that each state adopt and submit a SIP for the 
implementation, maintenance and enforcement of each NAAQS promulgated 
by EPA. Georgia and North Carolina certified that their SIPs contain 
provisions that ensure the 2015 8-hour ozone NAAQS is implemented, 
enforced, and maintained in their State. EPA is proposing to determine 
that the Georgia and North Carolina infrastructure SIP submissions 
satisfy certain required infrastructure elements for the 2015 8-hour 
ozone NAAQS.

DATES: Comments must be received on or before January 29, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0503 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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, 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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached 
via telephone at (404) 562-9088 or via electronic mail at 
bell.tiereny@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Overview

[[Page 71867]]

II. What elements are required under Sections 110(a)(1) and 
110(a)(2)?
III. What is EPA's approach to the review of infrastructure SIP 
submissions?
IV. What is EPA's analysis of how Georgia and North Carolina 
addressed the elements of the Section 110(a)(1) and (2) 
``Infrastructure'' Provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background and Overview

    On October 1, 2015, EPA promulgated a revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP revisions meeting the applicable 
requirements of section 110(a)(2) within three years after promulgation 
of a new or revised NAAQS or within such shorter period as EPA may 
prescribe. Section 110(a)(2) requires 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 NAAQS. This particular type of SIP is commonly 
referred to as an ``infrastructure SIP.'' States were required to 
submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later than 
October 1, 2018.\1\
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    \1\ In these infrastructure SIP submissions, states generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the SIP. In addition, 
certain federally-approved, non-SIP regulations may also be 
appropriate for demonstrating compliance with sections 110(a)(1) and 
(2).
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    EPA is proposing to approve Georgia's September 24, 2018 SIP 
revision provided to EPA through the Georgia Environmental Protection 
Division (GA EPD) and North Carolina's September 27, 2018 \2\ SIP 
revision provided to EPA through the North Carolina Department of 
Environmental Quality (NC DEQ) for the applicable requirements of the 
2015 8-hour ozone NAAQS, with the exception of interstate transport 
provisions of section 110(a)(2)(D)(i)(I) pertaining to contribution to 
nonattainment or interference with maintenance in other states, and 
prevention of significant deterioration (PSD) provisions related to 
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J). With respect to the interstate transport provisions of 
section 110(a)(2)(D)(i)(I) and PSD provisions related to major sources 
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J), EPA 
will address these provisions in separate rulemaking actions.
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    \2\ The September 27, 2018, SIP submission provided by NC DEQ's 
Division of Air Quality (DAQ) was received by EPA on October 10, 
2018.
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II. What elements are required under Sections 110(a)(1) and 110(a)(2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains.\3\
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    \3\ Throughout this rulemaking, the term ``North Carolina 
Administrative Code (NCAC)'' indicates that the cited regulation has 
been approved into North Carolina's SIP, unless otherwise indicated. 
The term ``North Carolina General Statutes (NCGS)'' cites to the 
North Carolina state statutes, which are not a part of the SIP 
unless otherwise indicated. For Georgia, the term ``Georgia's Air 
Quality Control Rule'' indicates that the cited regulation has been 
approved into Georgia's SIP, unless otherwise indicated. The term 
``Georgia Air Quality Act Article: Air Quality (O.C.G.A.)'' cites to 
Georgia state statutes, which are not part of the SIP unless 
otherwise indicated.
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    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned above, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements, and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. The 
requirements of section 110(a)(2) are described in EPA's September 13, 
2013, memorandum entitled ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2)'' (hereinafter ``2013 Guidance'') are listed 
below and summarized in section IV of this rulemaking: \4\
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    \4\ Two elements identified in section 110(a)(2) are not 
governed by the three-year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D, title I of the CAA; and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, title I of the CAA. This proposed rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) or the Part D nonattainment permitting requirements of 
110(a)(2)(C).

 110(a)(2)(A): Emission Limits and Other Control Measures
 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
 110(a)(2)(C): Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources \5\
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    \5\ As mentioned above, the Part D permit program for 
construction and modification of major stationary sources is not 
relevant to this proposed rulemaking.
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 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
 110(a)(2)(E): Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies
 110(a)(2)(F): Stationary Source Monitoring and Reporting
 110(a)(2)(G): Emergency Powers
 110(a)(2)(H): SIP Revisions
 110(a)(2)(I): Plan Revisions for Nonattainment Areas \6\
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    \6\ As also mentioned above, this element is not relevant to 
this proposed rulemaking.
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 110(a)(2)(J): Consultation with Government 
Officials, Public Notification, and PSD and Visibility Protection
 110(a)(2)(K): Air Quality Modeling and Submission of Modeling 
Data
 110(a)(2)(L): Permitting fees
 110(a)(2)(M): Consultation and Participation by Affected Local 
Entities

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon portions of the SIP submissions from Georgia and 
North Carolina that address certain infrastructure requirements of CAA 
sections 110(a)(1) and 110(a)(2) for the 2015 8-hour ozone NAAQS. 
Whenever EPA promulgates a new or revised NAAQS, CAA section 110(a)(1) 
requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS, commonly 
referred to as an ``infrastructure SIP.'' These infrastructure SIP 
submissions must meet the various requirements of CAA section 
110(a)(2), as applicable. Due to ambiguity in some of the language of 
CAA section 110(a)(2), EPA believes

[[Page 71868]]

that it is appropriate to interpret these provisions in the specific 
context of acting on infrastructure SIP submissions. EPA has previously 
provided comprehensive guidance on the application of these provisions 
through a guidance document for infrastructure SIP submissions and 
through regional actions on infrastructure submissions.\7\ Unless 
otherwise noted below, EPA is following that existing approach in 
acting on these submissions. In addition, in the context of acting on 
such infrastructure submissions, EPA evaluates the submitting state's 
SIP for facial compliance with statutory and regulatory requirements, 
not for the state's implementation of its SIP.\8\ EPA has other 
authority to address any issues concerning a state's implementation of 
the rules, regulations, consent orders, etc. that comprise its SIP.
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    \7\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
actions on Georgia and North Carolina infrastructure SIPs to address 
the 2010 Nitrogen Dioxide NAAQS. See 81 FR 41905 (June 28, 2016) and 
81 FR 47115 (July 20, 2016), respectively.
    \8\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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    IV. What is EPA's analysis of how Georgia and North Carolina 
addressed the elements of the Section 110(a)(1) and (2) 
``Infrastructure'' provisions?
    Georgia's and North Carolina's infrastructure SIP submissions 
address certain provisions of sections 110(a)(1) and (2) as described 
below.
    1. 110(a)(2)(A) Emission Limits and Other Control Measures: Section 
110(a)(2)(A) requires that each implementation plan include enforceable 
emission limitations and other control measures, means, or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements. Several regulations within Georgia's and North Carolina's 
SIPs include enforceable emission limitations and other control 
measures. EPA provides more detail below for each state addressed in 
this proposed rulemaking.

Georgia

    Georgia's Air Quality Control Rules 391-3-1-.01--``Definitions. 
Amended.'', 391-3-1-.02,--``Provisions. Amended.'', and 391-3-1-.03--
``Permits. Amended.'' collectively establish enforceable emissions 
limitations and other control measures, means, or techniques for 
activities that contribute to ozone concentrations in the ambient air, 
and provide authority for GA EPD to establish such limits and measures 
as well as schedules for compliance through SIP-approved permits to 
meet the applicable requirements of the CAA.

North Carolina

    CAA section 110(a)(2)(A) requirements are met through several North 
Carolina Administrative Code (NCAC) regulations. Specifically, 15A NCAC 
2D .0500 Emission Control Standards establishes emission limits for 
ozone precursor pollutants. The following SIP-approved rules address 
additional control measures, means and techniques: 15A NCAC 2D .0600--
Monitoring: Recordkeeping: Reporting, 15A NCAC 2D .0900--Volatile 
Organic Compounds, 15A NCAC 2D .1400--Nitrogen Oxides, and 15A NCAC 2D 
.2600--Source Testing. In addition, North Carolina General Statutes 
(NCGS)143-215.107(a)(5)--Air quality standards and classifications, 
provides the North Carolina Environmental Management Commission (EMC) 
with the statutory authority, ``[t]o develop and adopt emission control 
standards as in the judgment of the Commission may be necessary to 
prohibit, abate, or control air pollution commensurate with established 
air quality standards.''
    EPA has made the preliminary determination that the provisions 
contained in Georgia's and North Carolina's SIP-approved state 
regulations and state statutes are adequate for enforceable emission 
limitations and other control measures, means, or techniques, as well 
as schedules and timetables for compliance to satisfy the requirements 
of section 110(a)(2(A) for the 2015 8-hour ozone NAAQS in each of the 
states.
    2. 110(a)(2)(B) Ambient Air Quality Monitoring/Data System: Section 
110(a)(2)(B) requires SIPs to provide for establishment and operation 
of appropriate devices, methods, systems, and procedures necessary to: 
(i) Monitor, compile, and analyze data on ambient air quality, and (ii) 
upon request, make such data available to the Administrator. EPA 
provides more detail below for each state addressed in this proposed 
rulemaking.

Georgia

    Georgia's authority to monitor ambient air quality is found in the 
Georgia Air Quality Act Article 1: Air Quality (O.C.G.A. Section 12-9-
6(b)(2)).

North Carolina

    North Carolina's NCGS 143-215.107(a)(2)--Air quality standards and 
classifications provides the EMC with the statutory authority ``To 
determine by means of field sampling and other studies, including the 
examination of available data collected by any local, State or federal 
agency or any person, the degree of air contamination and air pollution 
in the State and the several areas of the State.''

Ambient Monitoring Network Plans

    Annually, states develop and submit to EPA for approval statewide 
ambient monitoring network plans consistent with the requirements of 40 
CFR parts 50, 53, and 58. The annual network plan involves an 
evaluation of any proposed changes to the monitoring network and 
includes the annual ambient monitoring network design plan and a 
certified evaluation of the agency's ambient monitors and auxiliary 
support equipment.\9\
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    \9\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR part 58.
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    On June 29, 2018, and June 13, 2019, North Carolina and Georgia 
submitted their monitoring network plans to EPA, respectively. On 
October 22, 2018, and October 3, 2019, EPA approved these monitoring 
network plans for North Carolina and Georgia, respectively. Georgia's 
and North Carolina's approved monitoring network plans are available in 
the docket for this proposed action. EPA has made the preliminary 
determination that Georgia's and North Carolina's SIPs and practices 
are adequate for the ambient air quality monitoring and data system 
requirements related to the 2015 8-hour ozone NAAQS.
    3. 110(a)(2)(C) Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources: This element 
consists of three sub-elements: Enforcement, state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources, and preconstruction permitting of major sources and major 
modifications in areas designated attainment or unclassifiable for a 
NAAQS as required by CAA title I part C (i.e., the major source PSD 
program). Georgia's and North Carolina's 2015 8-hour ozone NAAQS 
infrastructure SIP submissions cite a number of SIP provisions to 
address these requirements. EPA's rationale for its proposed action 
regarding each sub-element is described below.

[[Page 71869]]

Georgia

    Enforcement: Georgia's enforcement program covers mobile and 
stationary sources, consumer products, and fuels. The enforcement 
requirements are met through two of Georgia's Air Quality Control 
Rules: 391-3-1-.07--``Inspections and Investigations. Amended.'' and 
391-3-1-.09--``Enforcement. Amended.'' Georgia also cites to 
enforcement authority found in O.C.G.A. Section 12-9-13 in its 
submittal, which provides the director with the authority to issue 
orders to remedy violations of rules and regulations. Collectively, 
these regulations and State statute provide for enforcement of ozone 
emission limits and control measures.
    Regulation of minor sources and modifications: Georgia's SIP-
approved Air Quality Control Rule 391-3-1-.03(1)--``Construction (SIP) 
Permit.'' governs the preconstruction permitting of modifications, 
construction of minor stationary sources, and minor modifications of 
major stationary sources.
    Preconstruction PSD Permitting for Major Sources: With regard to 
section 110(a)(2)(C) related to the programs for preconstruction PSD 
permitting for major sources, EPA is not proposing any action in this 
rulemaking. EPA will consider these requirements in relation to 
Georgia's 2015 8-hour ozone NAAQS infrastructure submission in a 
separate rulemaking.

North Carolina

    Enforcement: NC DAQ's SIP-approved regulations provide for 
enforcement of ozone emission limits and control measures through 
enforceable permits. North Carolina's infrastructure SIP submission 
also cited to the following statutory provisions as supporting this 
element: NCGS 143-215.108--Control of sources of air pollution; permits 
required and NCGS 143-215.107(a)(7)--Air quality standards and 
classifications. In addition, North Carolina cited NCGS 143-215.6A, 6B, 
and 6C--Enforcement procedures: civil penalties, criminal penalties, 
and injunctive relief, which provides NC DAQ with the statutory 
authority to seek civil and criminal penalties and injunctive relief to 
enforce air quality rules.
    Regulation of minor sources and modifications: NC DAQ's Regulation 
15A NCAC 2Q .0300--Construction and Operation Permits governs the 
preconstruction permitting of minor modifications and construction of 
minor stationary sources.
    PSD Permitting for Major Sources: With regard to section 
110(a)(2)(C) related to the programs for preconstruction PSD permitting 
for major sources, EPA is not proposing any action in this rulemaking. 
EPA will consider these requirements in relation to North Carolina's 
2015 8-hour ozone NAAQS infrastructure submission in a separate 
rulemaking.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs are adequate for enforcement of control measures and 
regulation of minor sources and modifications related to the 2015 8-
hour ozone NAAQS.
    4. 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport: 
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II). Each of these components has two subparts 
resulting in 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 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 to protect visibility 
in another state (``prong 4'').
    110(a)(2)(D)(i)(I)--prongs 1, 2, and 3: EPA is not proposing any 
action in this rulemaking related to the interstate transport 
provisions pertaining to the contribution to nonattainment or 
interference with maintenance in other states of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2) or the PSD element (prong 3). EPA 
will consider these requirements in relation to Georgia's and North 
Carolina's 2015 8-hour ozone NAAQS infrastructure submission in a 
separate rulemaking.
    110(a)(2)(D)(i)(II)--prong 4: Section 110(a)(2)(D)(i)(II) requires 
that the SIP contain adequate provisions to protect visibility in other 
states. For any relevant NAAQS, a state may satisfy the prong 4 
requirement by relying on a fully-approved regional haze SIP.

Georgia

    Georgia's SIP contains a fully-approved regional haze plan (83 FR 
19637, May 4, 2018). EPA's approval of Georgia's regional haze SIP 
ensures that emissions from Georgia are not interfering with measures 
to protect visibility in other states, satisfying the requirements of 
prong 4 of section 110(a)(2)(D)(i)(II) for the 2015 8-hour ozone NAAQS.

North Carolina

    North Carolina's SIP contains a fully-approved regional haze plan 
(81 FR 58400, August 25, 2016). EPA's approval of North Carolina 
regional haze SIP ensures that emissions from North Carolina are not 
interfering with measures to protect visibility in other states, 
satisfying the requirements of prong 4 of section 110(a)(2)(D)(i)(II) 
for the 2015 8-hour ozone NAAQS.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs meet the requirements of prong 4 of section 
110(a)(2)(D)(i)(II) for the 2015 8-hour ozone NAAQS.
    5. 110(a)(2)(D)(ii) Interstate Pollution Abatement and 
International Air Pollution: Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with section 115 and 126 of the 
Act, relating to notification to nearby states, and interstate and 
international pollution abatement.

Georgia

    The following two Georgia Air Quality Control Rules provide Georgia 
with the authority to conduct certain actions in support of this 
infrastructure element: 391-3-1-.02(7) for the State's PSD regulations 
and 391-3-1-.03(8) for the State's permitting regulations. Georgia's 
Air Quality Control Rules 391-3-1-.02.(7)--``Provisions. Amended,'' and 
391-3-1-.03.(8)--``Permits. Amended,'' collectively, require any new 
major source or major modification to undergo PSD or nonattainment new 
source review (NNSR) permitting, and provide notification to other 
potentially affected Federal, state, and local government agencies, 
which satisfies the notification requirements of section 126(a). In 
addition, Georgia does not have any pending obligation under section 
115 or 126(b) of the CAA related to international or interstate 
pollution abatement.

North Carolina

    North Carolina's State regulations: 15A NCAC 2D .0530--``Prevention 
of Significant Deterioration'' and 15A NCAC 2D .0531--``Sources in 
Nonattainment Areas'' provide how NC DAQ will notify neighboring states 
of potential impacts from new or modified sources. These regulations 
require NC DAQ to provide an opportunity for a public hearing to the 
public, which includes state or local air pollution

[[Page 71870]]

control agencies, ``whose lands may be affected by emissions from the 
source or modification'' in North Carolina. In addition, North Carolina 
does not have any pending obligation under sections 115 or 126(b) of 
the CAA related to international or interstate pollution abatement.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs and practices are adequate for ensuring compliance with 
the applicable requirements relating to interstate and international 
pollution abatement for the 2015 8-hour ozone NAAQS.
    6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies: 
Section 110(a)(2)(E) requires that each implementation plan provide: 
(i) Necessary assurances that the state will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the state comply with the requirements respecting state 
boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the state has responsibility for ensuring adequate 
implementation of such plan provisions. EPA's rationale respecting each 
sub-element for which EPA is proposing action in this rulemaking is 
described below.

Georgia

    In support of sub-elements 110(a)(2)(E)(i) and (iii), Georgia's 
infrastructure SIP submission demonstrates that it has adequate 
authority for promulgating rules and regulations for the NAAQS, 
emissions standards and general policies, a system of permits, fee 
schedules for the review of plans, and other planning needs. In its SIP 
submittal, Georgia cites to its authority for section 110(a)(2)(E)(i) 
as the CAA section 105 grant process, O.C.G.A. 12-9-10, and Georgia's 
Air Quality Control Rule 391-3-1-.03(9) which establish Georgia's Air 
Permit Fee System. For section 110(a)(2)(E)(iii), the State does not 
rely on localities in Georgia for specific SIP implementation. As 
evidence of the adequacy of GA EPD's resources with respect to sub-
elements (i) and (iii), EPA submitted a letter to Georgia on March 25, 
2019, outlining CAA section 105 grant commitments and the current 
status of these commitments for fiscal year 2018. The letter EPA 
submitted to GA EPD is available in the docket for this proposed 
action. Annually, states update these grant commitments based on 
current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS. There were no outstanding issues in 
relation to the SIP for fiscal year 2018, therefore, GA EPD's grants 
were finalized and closed out.
    Section 110(a)(2)(E)(ii) requires that the state comply with 
section 128 of the CAA. Section 128 requires that the SIP contain 
requirements providing that: (a)(1) The majority of members of the 
state board or body which approves permits or enforcement orders 
represent the public interest and do not derive any significant portion 
of their income from persons subject to permitting or enforcement 
orders under the CAA; and (a)(2) any potential conflicts of interest by 
such board or body, or the head of an executive agency with similar 
powers be adequately disclosed. To meet these requirements, Georgia's 
infrastructure SIP submission cites to O.C.G.A. Section 12-9-5--Powers 
and duties of Board of Natural Resources as to air quality generally 
which provides the powers and duties of the Board of Natural Resources 
as to air quality and provides that at least a majority of members of 
this board represent the public interest and not derive any significant 
portion of income from persons subject to permits or enforcement 
orders, and that potential conflicts of interest will be adequately 
disclosed. This provision has been approved into the SIP.

North Carolina

    In support of sub-elements 110(a)(2)(E)(i) and (iii), North 
Carolina's infrastructure SIP submission cites several regulations. 
Rule 15A NCAC 2Q. 0200--``Permit Fees,'' provides the mechanism by 
which stationary sources that emit air pollutants pay a fee based on 
the quantity of emissions, which is authorized by State statute NCGS 
143-215.3--General powers of Commission and Department: Auxiliary 
powers. NCGS 143-215.107(a)(1)--Air quality standards and 
classifications, provide the EMC with the statutory authority ``[t]o 
prepare and develop, after proper study, a comprehensive plan or plans 
for the prevention, abatement and control of air pollution in the State 
or in any designated area of the State.'' NCGS 143-215.112--Local air 
pollution control programs, provides the EMC with the statutory 
authority ``to review and have general oversight and supervision over 
all local air pollution control programs.'' North Carolina has three 
local air agencies located in Buncombe (Western North Carolina), 
Forsyth, and Mecklenburg Counties that implement the SIP in these 
areas.
    As further evidence of the adequacy of NC DAQ's resources, EPA 
submitted a letter to North Carolina on May 2, 2019, outlining CAA 
section 105 grant commitments and the current status of these 
commitments for fiscal year 2018. The letter EPA submitted to North 
Carolina can be accessed at www.regulations.gov using Docket ID No. 
EPA-R04-OAR-2019-0503. Annually, states update these grant commitments 
based on current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS. North Carolina satisfactorily met 
all commitments agreed to in the Air Planning Agreement for fiscal year 
2018; therefore, North Carolina's grants were finalized and closed out. 
Collectively, these rules and commitments provide evidence that NC DAQ 
has adequate personnel, funding, and legal authority to carry out the 
State's implementation plan and related issues. EPA has made the 
preliminary determination that North Carolina has adequate resources 
and authority to satisfy sections 110(a)(2)(E)(i) and (iii) of the 2015 
8-hour ozone NAAQS.
    With respect to the requirements of section 110(a)(2)(E)(ii),\10\ 
North Carolina is not subject to section 128(a)(1) because it has no 
boards or bodies with authority over air pollution permits or 
enforcement actions. The initial authority to approve CAA permits or 
enforcement orders are instead delegated to the Secretary of NC DEQ and 
his/her designee. Final authority to approve permits and enforcement 
orders on appeal resides with administrative law judges (ALJs).
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    \10\ See the description of the section 128 requirements 
provided above regarding the proposed action on this element.
---------------------------------------------------------------------------

    On November 3, 2015 (80 FR 67645), EPA approved North Carolina's 
section 128(a)(2) conflict of interest disclosure requirements for the 
Secretary of NC DEQ and his/her designee, and ALJs. ALJs \11\ meet 
these requirements through NCGS 7A-754 which contains provisions 
related to the Office of Administrative Hearings addressing these 
requirements for the ALJs. NCGS 7A-754 requires ALJs to act 
impartially, which broadly includes financial considerations, 
relationships, and other associations. ALJs are prohibited from 
participating in any matter in which the ALJ's impartiality might 
reasonably be questioned or the ALJ must disclose the potential 
conflict of interest on the record in the proceeding. In the case of

[[Page 71871]]

such disclosures, the parties to the matter must agree that the 
disclosed conflict of interest is immaterial before the ALJ may 
continue to participate in the matter. The Secretary of NC DEQ and his/
her designee must file an annual certification disclosing potential 
conflicts, amend the certification if circumstances change, and must 
additionally disclose any potential conflict for each final action.
---------------------------------------------------------------------------

    \11\ EPA has determined that ALJs in North Carolina are 
authorized to approve permits and enforcement orders on appeal and 
that the ALJs must therefore meet the conflict of interest 
disclosure requirements of section 128(a)(2).
---------------------------------------------------------------------------

    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs have adequately addressed the requirements of section 
128(a), and accordingly have met the requirements of section 
110(a)(2)(E)(ii) with respect to infrastructure SIP requirements. EPA 
is proposing to approve Georgia's and North Carolina's infrastructure 
SIP submissions as meeting the requirements of sub-elements 
110(a)(2)(E)(i), (ii), and (iii).
    7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: Section 
110(a)(2)(F) requires SIPs to meet applicable requirements addressing: 
(i) The installation, maintenance, and replacement of equipment, and 
the implementation of other necessary steps, by owners or operators of 
stationary sources to monitor emissions from such sources, (ii) 
periodic reports on the nature and amounts of emissions and emissions 
related data from such sources, and (iii) correlation of such reports 
by the state agency with any emission limitations or standards 
established pursuant to this section, which reports shall be available 
at reasonable times for public inspection. EPA's rules regarding how 
SIPs need to address source monitoring requirements at 40 CFR 51.212 
require SIPs to exclude any provision that would prevent the use of 
credible evidence of noncompliance.
    Additionally, states are required to submit emissions data to EPA 
for purposes of the National Emissions Inventory (NEI), pursuant to 
Subpart A to 40 CFR part 51--``Air Emissions Reporting Requirements.'' 
The NEI is EPA's central repository for air emissions data. All states 
are required to submit a comprehensive emission inventory every three 
years and report emissions for certain larger sources annually through 
EPA's online Emissions Inventory System. States report emissions data 
for the six criteria pollutants and the precursors that form them--
nitrogen oxides, sulfur dioxides, ammonia, lead, carbon monoxide, 
particulate matter, and volatile organic compounds. Many states also 
voluntarily report emissions of hazardous air pollutants.

Georgia

    Georgia's infrastructure SIP submission describes the establishment 
of requirements for compliance testing by emissions sampling and 
analysis, and for emissions and operation monitoring to ensure the 
quality of data in the State.
    The following SIP-approved rules enable Georgia to meet the 
requirements of this element: Georgia Air Quality Control Rules 391-3-
1-.02(3)--``Sampling.''; 391-3-1-.02(6)(b)--``Source Monitoring.''; 
391-3-1-.02(11)--``Compliance Assurance Monitoring.''; and 391-3-
1-.03--``Permits. Amended.'' Also, O.C.G.A. 12-9-5(b)(6) provides the 
State with the authority to conduct actions regarding stationary source 
emissions monitoring and reporting in support of this infrastructure 
element. These rules collectively require emissions monitoring and 
reporting for activities that contribute to ozone concentrations in the 
air, including requirements for the installation, calibration, 
maintenance, and operation of equipment for continuously monitoring or 
recording emissions, and provide authority for GA EPD to establish such 
emissions monitoring and reporting requirements through SIP-approved 
permits and require reporting of 2015 8-hour ozone precursor emissions.
    Georgia's most recently published triennial compiled emissions 
information is available as part of the 2014 NEI. EPA compiles the 
emissions data, supplementing it where necessary, and releases it to 
the public through the website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
    Georgia's Air Quality Control Rule 391-3-1-.02(3)--``Sampling,'' 
cites to the State's ``Procedures for Testing and Monitoring Sources of 
Air Pollutants,'' \12\ which allows the use of all available 
information to determine compliance under its Compliance with Standards 
and Maintenance Requirements provisions. In addition, EPA is unaware of 
any provision preventing the use of credible evidence in the Georgia 
SIP.
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    \12\ These ``Procedures for Testing and Monitoring Sources of 
Air Pollutants'' are not incorporated into Georgia's SIP.
---------------------------------------------------------------------------

North Carolina

    North Carolina's infrastructure SIP submission identifies 
requirements providing how the State establishes requirements for 
emissions compliance testing and emissions sampling and analysis. NC 
DAQ uses these data to track progress towards maintaining the NAAQS, 
develop control and maintenance strategies, identify sources and 
general emission levels, and determine compliance with emission 
regulations and additional EPA requirements. The following North 
Carolina rules require monitoring of emissions from stationary sources: 
15A NCAC 2D .0604--Exceptions to ``Monitoring and Reporting 
Requirements;'' 15A NCAC 2D .0605--General Recordkeeping and Reporting 
Requirements; 15A NCAC 2D .0611--``Monitoring Emissions from Other 
Sources;'' 15A NCAC 2D .0612--``Alternative Monitoring and Reporting 
Procedures;'' 15A NCAC 2D .0613--``Quality Assurance Program;'' and 15A 
NCAC 2D .0614--``Compliance Assurance Monitoring.'' NCGS 143-
215.107(a)(4)--Air quality standards and classifications provide the 
EMC with the statutory authority ``To collect information or to require 
reporting from classes of sources which, in the judgment of the [EMC], 
may cause or contribute to air pollution.'' Stationary sources are 
required to submit periodic emissions reports to the State by Rule 15A 
NCAC 2Q .0207--``Annual Emissions Reporting.'' Also, 15A NCAC 2D 
.0605(c)--``General Recordkeeping and Reporting Requirements'' allows 
for the use of credible evidence. In the event that the NC DAQ Director 
has evidence that a source is violating an emission standard or permit 
condition, the Director may require that the owner or operator of any 
source submit to the Director any information necessary to determine 
the compliance status of the source. In addition, EPA is unaware of any 
provision preventing the use of credible evidence in the North Carolina 
SIP.
    North Carolina's most recently published triennial compiled 
emissions information is available as part of the 2014 NEI. EPA 
compiles the emissions data, supplementing it where necessary, and 
releases it to the public through the website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs and practices are adequate for the stationary source 
monitoring and reporting requirements related to the 2015 8-hour ozone 
NAAQS. Accordingly, EPA is proposing to approve Georgia's and North 
Carolina's infrastructure SIP submissions with respect to section 
110(a)(2)(F).
    8. 110(a)(2)(G) Emergency Powers: This section requires that states 
demonstrate authority comparable with section 303 of the CAA and 
adequate

[[Page 71872]]

contingency plans to implement such authority.

Georgia

    Georgia's infrastructure SIP submission cites to O.C.G.A. Sections 
12-9-2--Declaration of public policy, 12-9-6--Powers and duties of 
director as to air quality generally, 12-9-12--Injunctive relief, 12-9-
13--Proceedings for enforcement, and 12-9-14--Powers of director in 
situations involving imminent and substantial danger to public health), 
and Air Quality Control Rule 391-3-1-.04--``Air Pollution Episodes.'' 
O.C.G.A. Section 12-9-2 provides ``[i]t is declared to be the public 
policy of the state of Georgia to preserve, protect, and improve air 
quality . . . to attain and maintain ambient air quality standards so 
as to safeguard the public health, safety, and welfare.'' O.C.G.A. 
Section 12-9-6(b)(10) provides the Director of GA EPD authority to 
``issue orders as may be necessary to enforce compliance with [the 
Georgia Air Quality Act Article 1: Air Quality (O.C.G.A)] and all rules 
and regulations of this article.'' O.C.G.A. Section 12-9-12 provides 
that ``[w]henever in the judgment of the director any person has 
engaged in or is about to engage in any act or practice which 
constitutes or will constitute an unlawful action under [the Georgia 
Air Quality Act Article 1: Air Quality (O.C.G.A)], he may make 
application to the superior court of the county in which the unlawful 
act or practice has been or is about to be engaged in, or in which 
jurisdiction is appropriate, for an order enjoining such act or 
practice or for an order requiring compliance with this article. Upon a 
showing by the director that such person has engaged in or is about to 
engage in any such act or practice, a permanent or temporary 
injunction, restraining order, or other order shall be granted without 
the necessity of showing lack of an adequate remedy of law.'' O.C.G.A. 
Section 12-19-13 specifically pertains to enforcement proceedings when 
the Director of GA EPD has reason to believe that a violation of any 
provision of the Georgia Air Quality Act Article 1: Air Quality 
(O.C.G.A), or environmental rules, regulations, or orders have 
occurred. O.C.G.A. Section 12-9-14 also provides that the Governor may 
issue orders as necessary to protect the health of persons who are, or 
may be, affected by a pollution source or facility after 
``consult[ation] with local authorities in order to confirm the 
correctness of the information on which action proposed to be taken is 
based and to ascertain the action which such authorities are or will be 
taking.''
    Georgia's Air Quality Control Rule 391-3-1-.04--``Air Pollution 
Episodes'' provides that the Director of GA EPD ``will proclaim that an 
Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency 
exists when the meteorological conditions are such that an air 
stagnation condition is in existence and/or the accumulation of air 
contaminants in any place is attaining or has attained levels which 
could, if such levels are sustained or exceeded, lead to a substantial 
threat to the health of persons in the specific area affected.'' 
Collectively the cited provisions provide that Georgia demonstrates 
authority comparable with section 303 of the CAA and adequate 
contingency plans to implement such authority in the State.

North Carolina

    North Carolina's infrastructure SIP submission cites to 15A NCAC 2D 
.0300--``Air Pollution Emergencies'' as identifying air pollution 
emergency episodes and preplanned abatement strategies and provides the 
means to implement emergency air pollution episode measures. Under NCGS 
143-215.3(a)(12)--General powers of Commission and Department; 
auxiliary powers, if NC DENR finds that such a ``condition of . . . air 
pollution exists and that it creates an emergency requiring immediate 
action to protect the public health and safety or to protect fish and 
wildlife, the Secretary of the Department [NC DEQ] with the concurrence 
of the Governor, shall order persons causing or contributing to the . . 
. air pollution in question to reduce or discontinue immediately the 
emission of air contaminants or the discharge of wastes.'' In addition, 
NCGS 143-215.3(a)(12) provides NC DEQ with the authority to declare an 
emergency when it finds that a generalized condition of water or air 
pollution which is causing imminent danger to the health or safety of 
the public.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs and state laws are adequate for emergency powers 
related to the 2015 8-hour ozone NAAQS. Accordingly, EPA is proposing 
to approve Georgia's and North Carolina's infrastructure SIP submission 
with respect to section 110(a)(2)(G).
      9. 110(a)(2)(H) SIP Revisions: Section 110(a)(2)(H), in summary, 
requires each SIP to provide for revisions of such plan: (i) As may be 
necessary to take account of revisions of such national primary or 
secondary ambient air quality standard or the availability of improved 
or more expeditious methods of attaining such standard, and (ii) 
whenever the Administrator finds that the plan is substantially 
inadequate to attain the NAAQS or to otherwise comply with any 
additional applicable requirements.

Georgia

    GA EPD is responsible for adopting air quality rules and revising 
SIPs as needed to attain or maintain the NAAQS in Georgia. The State 
has the ability and authority to respond to calls for SIP revisions and 
has provided SIP revisions over the years for implementation of the 
NAAQS. O.C.G.A. Sections 12-9-6(b)(12) and 12-9-6(b)(13) provide 
Georgia with the authority to conduct certain actions in support of 
this infrastructure element. O.C.G.A. Section 12-9-6(b)(13) provides 
authority to GA EPD to develop, amend, modify, and submit a 
comprehensive plan or plans sufficient to comply with the CAA. O.C.G.A. 
Section 12-9-6(b)(l2) authorizes GA EPD to exercise all incidental 
powers necessary to carry out the Georgia Air Quality Act, which 
includes achieving and maintaining NAAQS.

North Carolina

    NC DAQ is responsible for adopting air quality rules and revising 
SIPs as needed to attain or maintain the NAAQS in North Carolina. NCGS 
143-215.107(a)(1) and (a)(10) grant NC DAQ with the authority to 
prepare and develop, after proper study, a comprehensive plan for the 
prevention of air pollution and implement the CAA, respectively. These 
provisions provide NC DAQ the ability and authority to respond to calls 
for SIP revisions, and North Carolina has provided number of SIP 
revisions over the years for implementation of the NAAQS. In addition, 
15A NCAC 2D .2401(d) states that ``[t]he EMC may specify through 
rulemaking a specific emission limit lower than that established under 
this rule for a specific source if compliance with the lower emission 
limit is required to attain or maintain the ambient air quality 
standard for ozone or any other ambient air quality standard in Section 
15A NCAC 2D .0400.''
    EPA has made the preliminary determination that Georgia and North 
Carolina adequately demonstrate a commitment to provide future SIP 
revisions related to the 2015 8-hour ozone NAAQS when necessary. 
Accordingly, EPA is proposing to approve Georgia's and North Carolina's 
infrastructure SIP submissions with respect to section 110(a)(2)(H).
    10. 110(a)(2)(J) Consultation with government officials, public

[[Page 71873]]

notification, and PSD and visibility protection:
    EPA is proposing to approve Georgia's and North Carolina's 
infrastructure SIPs for the 2015 8-hour ozone NAAQS with respect to the 
general requirement in section 110(a)(2)(J) to include a program in the 
SIP that complies with the applicable consultation requirements of 
section 121 and the public notification requirements of section 127.
    With regard to the visibility protection element of section 
110(a)(2)(J), EPA's 2013 Guidance notes that it does not treat the 
visibility protection aspects of section 110(a)(2)(J) as applicable for 
purposes of the infrastructure SIP approval process. EPA recognizes 
that Georgia and North Carolina are subject to visibility protection 
and regional haze program requirements under part C of the Act (which 
includes sections 169A and 169B). However, there are no newly 
applicable visibility protection obligations after the promulgation of 
a new or revised NAAQS. As such, Georgia's and North Carolina's 
infrastructure SIP submissions related to the 2015 8-hour ozone NAAQS 
do not address the visibility protection element of section 
110(a)(2)(J).
    With regard to consultation, Section 110(a)(2)(J) of the CAA 
requires states to provide a process for consultation with local 
governments, designated organizations, and Federal Land Managers (FLMs) 
carrying out NAAQS implementation requirements pursuant to section 121 
relative to consultation requirements of section 121, the public 
notification requirements of section 127, and PSD. EPA's rationale for 
the remaining sub-elements for Georgia and North Carolina are described 
below.

Georgia

    Consultation with government officials (121 consultation): GA EPD 
cited to O.C.G.A. Section 12-9-5(b)(17), Georgia Administrative 
Procedures Act (O.C.G.A. Sec.  50-13-4), and Georgia's Air Quality 
Control Rule 391-3-1-.02(7) as it relates to visibility protection for 
this requirement. O.C.G.A. Section 12-9-5(b)(17) states that the Board 
of Natural Resources is to ``establish satisfactory processes of 
consultation and cooperation with local governments or other designated 
organizations of elected officials or federal agencies for the purpose 
of planning, implementing, and determining requirements under this 
article to the extent required by the federal act.'' Georgia also cited 
to transportation conformity SIP revisions approved by EPA on April 7, 
2000 (see 65 FR 18245)--that contain state-wide consultation procedures 
for the implementation of transportation conformity which includes the 
development of mobile inventories for SIP development. Required 
partners covered by Georgia's consultation procedures include federal, 
state, and local transportation and air quality agency officials.
    Public notification: With respect to public notification, section 
110(a)(2)(J) of the CAA requires states to notify the public of NAAQS 
exceedances and associated health hazards, and to enhance public 
awareness of measures that can prevent such exceedances. GA EPD has 
public notice mechanisms in place to notify the public of instances or 
areas exceeding the NAAQS along with associated health effects through 
the Air Quality Index reporting system in required areas. GA EPD's 
Ambient Monitoring web page (www.georgiaair.org/amp) provides 
information regarding current and historical air quality across the 
State. Daily air quality forecasts may also be disseminated to the 
public in Atlanta through the Georgia Department of Transportation's 
electronic billboards. In its SIP submission, Georgia also notes that 
the non-profit organization in Georgia named ``Clean Air Campaign'' 
disseminates statewide air quality information and ways to reduce air 
pollution. Georgia Rule 391-3-1-.04--``Air Pollution Episodes'' enables 
the State to conduct certain actions in support of this infrastructure 
element. In addition, the following State statutes provide Georgia with 
the authority to make public declarations about air pollution episodes 
in support of this infrastructure element. O.C.G.A. 12-9-6(b)(8) 
provides authority to the Georgia Board of Natural Resources ``[t]o 
collect and disseminate information and to provide for public 
notification in matters relating to air quality''.
    PSD: With regard to the PSD element of section 110(a)(2)(J), EPA is 
not proposing any action in this rulemaking. EPA will consider these 
requirements in relation to Georgia's 2015 8-hour ozone NAAQS 
infrastructure submission in a separate rulemaking.

North Carolina

    Consultation with government officials (121 consultation): Rules 
15A NCAC 2D.1600--General Conformity, 15A NCAC 2D .2000--
``Transportation Conformity,'' and 15A NCAC 2D .0531--``Sources in 
Nonattainment Areas,'' along with the State's Regional Haze 
Implementation Plan, provide for consultation with government officials 
whose jurisdictions might be affected by SIP development activities. 
Regarding conformity, North Carolina adopted state-wide consultation 
procedures for the implementation of transportation conformity. 
Implementation of transportation conformity as outlined in the 
consultation procedures requires NC DAQ to consult with Federal, state, 
and local transportation and air quality agency officials on the 
development of motor vehicle emissions budgets. The Regional Haze SIP 
provides for consultation between appropriate state, local, and tribal 
air pollution control agencies as well as the corresponding FLMs.
    Public notification: With respect to public notification, section 
110(a)(2)(J) of the CAA requires states to notify the public of NAAQS 
exceedances and associated health hazards, and to enhance public 
awareness of measures that can prevent such exceedances. Rule 15A NCAC 
2D .0300--``Air Pollution Emergencies'' provides North Carolina with 
the authority to declare an emergency and notify the public accordingly 
when it finds a generalized condition of water or air pollution which 
is causing imminent danger to the health or safety of the public. 
Additionally, NC DAQ has the North Carolina Air Awareness Program which 
is a program to educate the public on air quality issues and promote 
voluntary emission reduction measures. NC DAQ also features a web page 
providing ambient monitoring information regarding current and 
historical air quality across the State at http://www.ncair.org/monitor/. North Carolina participates in EPA's Air NOW program, which 
enhances public awareness of air quality in North Carolina and 
throughout the country.
    PSD: With regard to the PSD element of section 110(a)(2)(J), EPA is 
not proposing any action in this rulemaking. EPA will consider these 
requirements in relation to North Carolina's 2015 8-hour ozone NAAQS 
infrastructure submission in a separate rulemaking.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIPs and practices adequately demonstrate that the States 
meets applicable requirements related to consultation with government 
officials, and the ability to provide public notification of section 
110(a)(2)(J) for the 2015 8-hour ozone NAAQS. Thus, EPA is proposing to 
approve Georgia's and North Carolina's infrastructure SIPs for the 2015 
8-hour ozone NAAQS with respect to the general requirement in section 
110(a)(2)(J) for these provisions.
    11. 110(a)(2)(K) Air Quality Modeling and Submission of Modeling 
Data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for 
performing air quality modeling so that

[[Page 71874]]

effects on air quality of emissions from NAAQS pollutants can be 
predicted and submission of such data to EPA can be made.

Georgia

    O.C.G.A. Section 12-9-6(b)(13) provides GA EPD with the authority 
to conduct modeling actions and to submit air quality modeling data to 
EPA in support of this element as part of comprehensive planning to 
achieve and maintain the NAAQS. GA EPD also states that it has 
personnel with training and experience to conduct photochemical 
modeling to assess attainment of the ozone NAAQS.
    Additionally, Georgia supports a regional effort to coordinate the 
development of emissions inventories and conduct regional modeling for 
several NAAQS, including the 2015 8-hour ozone NAAQS, for the 
Southeastern states. Taken as a whole, Georgia's submission 
demonstrates that Georgia has the authority to provide relevant data 
for the purpose of predicting the effect on ambient air quality of the 
2015 8-hour ozone NAAQS.

North Carolina

    Rule 15A NCAC 2D .0600--``Monitoring: Recordkeeping: Reporting'' 
(authorized under NCGS 143-215.107(a)(4)) requires sources to provide 
information needed to model potential impacts on air quality. NCGS 143-
215.107(a) also provides authority for the EMC to determine by means of 
field sampling and other studies, the degree of air contamination and 
air pollution in the state. Collectively, these regulations demonstrate 
that North Carolina has the authority to perform air quality modeling 
and to provide relevant data for the purpose of predicting the effect 
on ambient air quality of the 2015 8-hour ozone NAAQS. The submittal 
also states that DAQ currently has personnel with training and 
experience to conduct source-oriented dispersion modeling that would 
likely be used in PM2.5 NAAQS applications with models 
approved by EPA.
    Additionally, North Carolina participates in a regional effort to 
coordinate the development of emissions inventories and conduct 
regional modeling for several NAAQS, including the 2015 8-hour ozone 
NAAQS, for the Southeastern states. Taken as a whole, North Carolina's 
air quality regulations and practices demonstrate that DAQ has the 
authority to provide relevant data for the purpose of predicting the 
effect on ambient air quality of any emissions of any pollutant for 
which a NAAQS has been promulgated, and to provide such information to 
EPA upon request.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIP submissions and practices adequately demonstrate the 
States' ability to provide for air quality modeling, along with 
analysis of the associated data, related to the 2015 8-hour ozone 
NAAQS. Accordingly, EPA is proposing to approve Georgia's and North 
Carolina's infrastructure SIP submissions with respect to section 
110(a)(2)(K).
    12. 110(a)(2)(L) Permitting Fees: This section requires the owner 
or operator of each major stationary source to pay to the permitting 
authority, as a condition of any permit required under the CAA, a fee 
sufficient to cover: (i) The reasonable costs of reviewing and acting 
upon any application for such a permit, and (ii) if the owner or 
operator receives a permit for such source, the reasonable costs of 
implementing and enforcing the terms and conditions of any such permit 
(not including any court costs or other costs associated with any 
enforcement action), until such fee requirement is superseded with 
respect to such sources by EPA's approval of a fee program under title 
V.

Georgia

    Georgia's PSD and NNSR permitting programs are funded with title V 
fees. Georgia Rule 391-3-1-.03(9)--``Permit Fees.'' incorporates EPA-
approved title V fee program. Georgia's authority to mandate funding 
for processing PSD and NNSR permits is found in O.C.G.A. 12-9-10. The 
State notes that these title V operating program fees cover the 
reasonable cost of implementation and enforcement of PSD and NNSR 
permits after they have been issued.

North Carolina

    North Carolina's infrastructure SIP submission cites to 15A NCAC 
02Q .0200--``Permit Fees,'' which requires the owner or operator of 
source holding a permit to pay to the permitting authority a sufficient 
fee to cover the costs of the permitting program. The 15A NCAC 2Q .0500 
rules contain the State's title V program \13\ and conditions which 
include provisions to implement and enforce PSD and NNSR permits once 
these permits have been issued. NCGS 143-215.3--General powers of 
Commission and Department; auxiliary Powers, provides authority for NC 
DAQ to require a processing fee in an amount sufficient for the 
reasonable cost of reviewing and acting upon PSD and NNSR permits.
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    \13\ Title V program regulations are federally-approved but not 
incorporated into the SIP.
---------------------------------------------------------------------------

    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIP submissions and practices adequately provide for 
permitting fees related to the 2015 8-hour ozone NAAQS, when necessary. 
Accordingly, EPA is proposing to approve Georgia's and North Carolina's 
infrastructure SIP submissions with respect to section 110(a)(2)(L).
    13. 110(a)(2)(M) Consultation and Participation by Affected Local 
Entities: Section 110(a)(2)(M) of the Act requires states to provide 
for consultation and participation in SIP development by local 
political subdivisions affected by the SIP.

Georgia

    Consultation and participation by affected local entities is 
authorized by O.C.G.A. 12-9-5(b)(17), which provides authority for the 
Board of Natural Resources to establish processes for consultation and 
cooperation with local entities for purposes of planning and 
implementing the CAA, Georgia's Air Quality Control Rule 391-3-1-.15--
``Transportation Conformity'' defines the consultation procedures for 
areas subject to transportation conformity. Furthermore, GA EPD has 
demonstrated consultation with, and participation by, affected local 
entities through its work with local political subdivisions during the 
development of its Transportation Conformity SIP and has worked with 
the FLMs as a requirement of the regional haze rule.

North Carolina

    Under the North Carolina Administrative Procedures Act, all state 
rules go through a public review process (NCGS 150B-21.1 and 150B-
21.2). Also, 15A NCAC 2D .2000--``Transportation Conformity'' requires 
a consultation with all affected partners to be implemented for 
transportation conformity determinations. Furthermore, NC DAQ has 
demonstrated consultation with, and participation by, affected local 
entities through its work with local political subdivisions during the 
development of its Transportation Conformity SIP, Regional Haze 
Implementation Plan, and the 8-Hour Ozone Attainment Demonstration for 
the North Carolina portion of the Charlotte-Gastonia-Rock Hill NC-SC 
nonattainment area.
    EPA has made the preliminary determination that Georgia's and North 
Carolina's SIP submissions and practices adequately demonstrate 
consultation with affected local entities

[[Page 71875]]

related to the 2015 8-hour ozone NAAQS when necessary.

V. Proposed Action

    With the exception of interstate transport provisions of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to contribution 
to nonattainment or interference with maintenance in other states, and 
PSD provisions related to major sources under sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), EPA is proposing to 
approve Georgia's and North Carolina's September 24, 2018 and September 
27, 2018, SIP submissions for the 2015 8-hour ozone NAAQS for the above 
described infrastructure SIP requirements, respectively. EPA is 
proposing to approve Georgia's and North Carolina's infrastructure SIP 
submissions for certain requirements related to the 2015 8-hour ozone 
NAAQS because the submissions are consistent with section 110 of the 
CAA.

VI. 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. These actions merely 
propose to approve state law as meeting Federal requirements and do not 
impose additional requirements beyond those imposed by state law. For 
that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory actions 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 SIPs subject to these proposed actions, are 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.

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, Volatile organic compounds.

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

    Dated: December 12, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-27691 Filed 12-27-19; 8:45 am]
 BILLING CODE 6560-50-P


