[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61328-61330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25888]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0060; FRL-9987-03-Region 2]


Approval of Air Quality Implementation Plans; Puerto Rico; 
Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 
Fine Particulate Matter and 2008 Lead NAAQS; Transport Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revision submittals from the Commonwealth of 
Puerto Rico to address the interstate transport of air pollution that 
may interfere with attainment and maintenance of the National Ambient 
Air Quality Standards (NAAQS). In this action, EPA is approving Puerto 
Rico's submissions pertaining to the 1997 and 2008 ozone, 1997 and 2006 
fine particulate matter (PM2.5) and 2008 lead NAAQS.

DATES: This rule is effective on December 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2016-0060. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., 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 through 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3702, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What is the background information?
II. What comments did EPA receive in response to its proposal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background information?

    On July 18, 1997, the Environmental Protection Agency (EPA) 
promulgated a revised National Ambient Air Quality Standards (NAAQS) 
for ozone (62 FR 38856) and a new NAAQS for fine particle matter 
(PM2.5) (62 FR 38652). The revised ozone NAAQS was based on 
8-hour average concentrations. The 8-hour averaging period replaced the 
previous 1-hour averaging period, and the level of the NAAQS was 
changed from 0.12 parts per million (ppm) to 0.08 ppm. The new 
PM2.5 NAAQS established a health-based annual standard of 
15.0 micrograms per cubic meter ([micro]g/m\3\) based on a 3-year 
average of annual mean PM2.5 concentrations, and a 24-hour 
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations.
    On October 17, 2006 (71 FR 61144), effective December 18, 2006, EPA 
revised the 24-hour average PM2.5 primary and secondary 
NAAQS from 65 [micro]g/m\3\ to 35 [micro]g/m\3\.
    On March 27, 2008 (73 FR 16436) EPA strengthened its NAAQS for 
ground-level ozone, revising the 8-hour primary ozone standard to 0.075 
ppm. EPA also strengthened the secondary 8-hour ozone standard to the 
level of 0.075 ppm making it identical to the revised primary standard.
    On November 12, 2008 (73 FR 66964), EPA promulgated a revised NAAQS 
for lead. The Agency revised the level of the primary lead standard 
from 1.5 [micro]g/m\3\ to 0.15 [micro]g/m\3\. The EPA also revised the 
secondary NAAQS to 0.15 [micro]g/m\3\ and made it identical to the 
revised primary standard.
    Pursuant to section 110(a)(1) of the Clean Air Act (CAA), states 
are required to submit SIPs 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. 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 affect 
the content of the submission. The content of such SIP submission may 
also vary depending upon what provisions the state's existing SIP 
already contains.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2)

[[Page 61329]]

lists specific elements that states must meet for ``infrastructure'' 
SIP requirements related to a newly established or revised NAAQS. One 
of the structural requirements of section 110(a)(2) is section 
110(a)(2)(D)(i), which generally requires SIPs to contain adequate 
provisions to prohibit in-state emissions activities from having 
certain adverse air quality effects on downwind states due to 
interstate transport of air pollution. There are four sub-elements, or 
``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section 
110(a)(2)(D)(i)(I), addressing two of these four prongs, requires SIPs 
to include provisions prohibiting any source or other type of emissions 
activity in one state from emitting any air pollutant in amounts that 
will contribute significantly to nonattainment, or interfere with 
maintenance, of the NAAQS in another state. The two provisions of this 
section are referred to as prong 1 (significant contribution to 
nonattainment) and prong 2 (interference with maintenance).
    The Commonwealth of Puerto Rico's Environmental Quality Board 
(PREQB) submitted five SIP revisions to satisfy the requirements of 
section 110(a)(2) of the CAA for the 1997 and 2008 ozone, 1997 and 2006 
PM2.5 and 2008 lead NAAQS. On November 29, 2006, PREQB 
submitted SIP revisions addressing the infrastructure requirements for 
the 1997 ozone and PM2.5 NAAQS. On January 22, 2013, PREQB 
submitted SIP revisions addressing the infrastructure requirements for 
the 2006 PM2.5 and 2008 ozone NAAQS. On January 31, 2013, 
PREQB submitted SIP revisions addressing the infrastructure 
requirements for the 2008 lead NAAQS. On April 16, 2015, PREQB 
supplemented the January 22, 2013 submittal for the 2006 
PM2.5 NAAQS. On February 1, 2016, PREQB submitted additional 
provisions for inclusion into the SIP which address infrastructure SIP 
requirements for 1997 and 2008 ozone, 1997 and 2006 PM2.5 
and 2008 lead NAAQS.
    On February 19, 2016 \1\ EPA published a rule proposing to approve 
most of the infrastructure elements and sub-elements submitted by PREQB 
for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 
lead NAAQS. In the February 2016 rulemaking action, EPA also proposed 
to approve section 110(a)(2)(D)(i)(I), commonly referred to as prongs 1 
and 2. EPA finalized most other infrastructure elements in a September 
13, 2016 action.\2\ This action finalizes the approval of section 
110(a)(2)(D)(i)(I).
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    \1\ See 81 FR 8455 (February 19, 2016).
    \2\ See 81 FR 62813 (September 13, 2016).
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II. What comments did EPA receive in response to its proposal?

    In response to EPA's proposed approval of Puerto Rico's SIP 
revision, a comment was received from one interested party. The comment 
and EPA's response were included in EPA's September 13, 2016 final rule 
referenced in the previous section.

III. What action is EPA taking?

    EPA is approving Puerto Rico's infrastructure submittals dated 
November 29, 2006, January 22, 2013 and January 31, 2013, and 
supplemented April 16, 2015 and February 1, 2016, for the 1997 ozone 
and PM2.5, 2008 ozone and 2006 PM2.5, and 2008 
lead NAAQS, respectively, as meeting the requirements of section 
110(a)(2)(D)(i)(I) of the CAA.
    A detailed analysis of EPA's review and rationale for approving and 
disapproving elements of the infrastructure SIP submittals as 
addressing these CAA requirements may be found in the February 19, 2016 
proposed rulemaking action (81 FR 8455) and Technical Support Document 
(TSD) which are available on line at www.regulations.gov, Docket ID 
Number EPA-R02-OAR-2016-0060.

IV. 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United

[[Page 61330]]

States Court of Appeals for the appropriate circuit by January 28, 
2019. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: November 13, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency amends part 52 of chapter I, title 40 of the Code of 
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart BBB--Puerto Rico

0
2. Section 52.2730 is amended by revising paragraphs (a)(1), (b)(1), 
and (c)(1) to read as follows:


Sec.  52.2730  Section 110(a)(2) infrastructure requirements.

    (a) 1997 8-hour ozone and the 1997 PM2.5 NAAQS--(1) Approval. 
Submittal from Puerto Rico dated November 29, 2006 and supplemented 
February 1, 2016, to address the CAA infrastructure requirements for 
the 1997 ozone and the 1997 PM2.5 NAAQS. This submittal 
satisfies the 1997 ozone and the 1997 PM2.5 NAAQS 
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with 
the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) 
and (ii) (with the exception of program requirements related to PSD), 
(E), (F), (G), (H), (J) (with the exception of program requirements 
related to PSD), (K), (L), and (M).
* * * * *
    (b) 2008 ozone and the 2006 PM2.5 NAAQS--(1) Approval. Submittal 
from Puerto Rico dated January 22, 2013, supplemented February 1, 2016 
to address the CAA infrastructure requirements for the 2008 ozone NAAQS 
and supplemented April 16, 2015 and February 1, 2016 to address the CAA 
infrastructure requirements for the 2006 PM2.5 NAAQS. This 
submittal satisfies the 2008 ozone and the 2006 PM2.5 NAAQS 
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with 
the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) 
and (ii) (with the exception of program requirements related to PSD), 
(E), (F), (G), (H), (J) (with the exception of program requirements 
related to PSD), (K), (L), and (M).
* * * * *
    (c) 2008 lead NAAQS--(1) Approval. Submittal from Puerto Rico dated 
January 31, 2013 and supplemented February 1, 2016, to address the CAA 
infrastructure requirements for the 2008 lead NAAQS. This submittal 
satisfies the 2008 lead NAAQS requirements of the Clean Air Act (CAA) 
110(a)(2)(A), (B), (C) (with the exception of program requirements for 
PSD), (D)(i)(I), (D)(i)(II) and (ii) (with the exception of program 
requirements related to PSD), (E), (F), (G), (H), (J) (with the 
exception of program requirements related to PSD), (K), (L), and (M).
* * * * *
[FR Doc. 2018-25888 Filed 11-28-18; 8:45 am]
 BILLING CODE 6560-50-P


