[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38660-38664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17220]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0360; FRL-9966-39-Region 4]
Air Plan Approval; Alabama: Prevention of Significant
Deterioration Updates
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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[[Page 38661]]
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of revisions to Alabama's State Implementation Plan
(SIP), submitted by the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), on May 8, 2013, and
August 23, 2016. The portions of these SIP revisions that EPA proposes
to approve relate to the State's Prevention of Significant
Deterioration (PSD) permitting program. This action is being proposed
pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before September 14, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
OAR-2017-0360 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: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is the agency taking?
On May 8, 2013, and August 23, 2016, ADEM submitted SIP revisions
for EPA's approval that include changes to Alabama's PSD permitting
regulations, among other changes.\1\ In this document, EPA is proposing
to approve certain portions of these submittals that make changes to
ADEM Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing
Construction in Clean Areas (Prevention of Significant Deterioration
(PSD),'' which applies to the construction or modification of any major
stationary source in areas designated as attainment or unclassifiable
as required by part C of title I of the CAA.
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\1\ EPA's regulations governing the implementation of New Source
Review (NSR) permitting programs are contained in 40 CFR 51.160-
51.166; 52.21, 52.24; and part 51, Appendix S. The CAA NSR program
is composed of three separate programs: PSD, NNSR, and Minor NSR.
PSD is established in part C of title I of the CAA and applies in
areas that meet the NAAQS--``attainment areas''--as well as areas
where there is insufficient information to determine if the area
meets the NAAQS--``unclassifiable areas.'' The NNSR program is
established in part D of title I of the CAA and applies in areas
that are not in attainment of the NAAQS--``nonattainment areas.''
The Minor NSR program addresses construction or modification
activities that do not qualify as ``major'' and applies regardless
of the designation of the area in which a source is located.
Together, these programs are referred to as the NSR programs.
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Alabama's May 8, 2013 SIP submittal includes changes to Rule 335-3-
14-.04 to address the Federal rule entitled ``Implementation of the New
Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5):\2\ Amendment to the Definition of
`Regulated NSR Pollutant' Concerning Condensable Particulate Matter,''
77 FR 65107 (October 25, 2012) (hereinafter referred to as the
PM2.5 Condensables Correction Rule), and plantwide
applicability limits (PALs) for greenhouse gases (GHGs) as allowed in
the Federal rule entitled ``Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide
Applicability Limits,'' 77 FR 41051 (July 12, 2012) (hereinafter
referred to as the GHG Step 3 Rule). In addition, the SIP submittal
includes changes to the definition of GHGs in Rule 335-3-14-.04 and
Rule 335-3-16 (regarding major source operating permits) to address
EPA's July 20, 2011 rule deferring PSD requirements for carbon dioxide
(CO2) emissions from bioenergy and other biogenic sources
(hereinafter referred to as the ``Biomass Deferral Rule'').\3\
Alabama's May 8, 2013 SIP submission also includes the following
changes to other Alabama rules: changes to the definition of Volatile
Organic Compounds (VOCs) at Rule 335-3-1-.02; changes to the
incorporation by reference (IBR) of the Federal New Source Performance
Standards (NSPS) in Chapter 335-3-10 and National Emissions Standards
for Hazardous Air Pollutants (NESHAPs) in Chapter 335-3-11; and changes
regarding transportation conformity provisions at Rule Chapter 335-3-
16.
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\2\ Airborne particulate matter (PM) with a nominal aerodynamic
diameter of 2.5 micrometers or less (a micrometer is one-millionth
of a meter, and 2.5 micrometers is less than one-seventh the average
width of a human hair) are considered to be ``fine particles'' and
are also known as PM2.5. Fine particles in the atmosphere
are made up of a complex mixture of components including sulfate;
nitrate; ammonium; elemental carbon; a great variety of organic
compounds; and inorganic material (including metals, dust, sea salt,
and other trace elements) generally referred to as ``crustal''
material, although it may contain material from other sources. The
health effects associated with exposure to PM2.5 include
potential aggravation of respiratory and cardiovascular disease
(i.e., lung disease, decreased lung function, asthma attacks and
certain cardiovascular issues). On July 18, 1997, EPA revised the
NAAQS for PM to add new standards for fine particles, using
PM2.5 as the indicator. Previously, EPA used
PM10 (inhalable particles smaller than or equal to 10
micrometers in diameter) as the indicator for the PM NAAQS. EPA
established health-based (primary) annual and 24-hour standards for
PM2.5, setting an annual standard at a level of 15.0
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at
a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The
secondary standards are designed to protect against major
environmental effects of PM2.5, such as visibility
impairment, soiling, and materials damage. On October 17, 2006, EPA
revised the primary and secondary 24-hour NAAQS for PM2.5
to 35 [micro]g/m\3\ and retained the existing annual
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On
January 15, 2013, EPA published a final rule revising the annual
PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086).
\3\ Emissions of CO2 from a stationary source
directly resulting from the combustion or decomposition of
biologically-based materials other than fossil fuels and mineral
sources of carbon (e.g., calcium carbonate) and biologically-based
material (non-fossilized and biodegradable organic material
originating from plants, animals or micro-organisms, including
products, by-products, residues and waste from agriculture, forestry
and related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and municipal wastes,
including gases and liquids recovered from the decomposition of non-
fossilized and biodegradable organic material).
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Alabama's August 23, 2016 SIP submittal includes changes to Rule
335-3-14-.04 and Rule Chapter 335-3-16 to remove the treatment of GHGs
as an air pollutant for the specific purpose of determining whether a
source is a major source (or a modification thereof) in PSD and title V
permitting requirements for the reasons discussed in Section II.A,
below. The submittal also withdraws the portion of the State's May 8,
2013 SIP submittal that revises Rule 335-3-14-.04 to address the
Biomass Deferral Rule and makes changes to the GHG Step 3 language
proposed in Alabama's May 8, 2013 submittal.
Currently, EPA is only proposing to approve the portions of the May
8, 2013 submittal that make changes to the GHG
[[Page 38662]]
PAL provisions pursuant to the GHG Step 3 rule and the portions of the
August 23, 2016 submittal that discontinue regulation of GHGs as an air
pollutant for the specific purpose of determining whether a source is a
major source (or a modification thereof) in PSD and title V permitting
requirements and that make changes to the GHG Step 3 language proposed
in Alabama's May 8, 2013 submittal. EPA is not acting on the remaining
portions of these submittals for the following reasons:
EPA previously acted upon the changes to the definition of
VOCs at Rule 335-3-1-.02. See 81 FR 63701 (September 16, 2016).
The revisions that address the Regulated PM2.5
Condensables Correction Rule are unnecessary because the errors
corrected by the Rule were never incorporated into Alabama's SIP.\4\
See 77 FR 59100 (September 26, 2012).
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\4\ In a May 2, 2011 SIP revision, Alabama requested that EPA
incorporate the term ``Particulate matter (PM)'' emissions into its
SIP-approved definition of ``regulated NSR pollutant'' at Rule 335-
3-14-.04(2)(ww)5, among other changes. Following EPA's proposed
approval of the PM2.5 Condensables Correction Rule,
Alabama submitted a supplemental letter on June 18, 2012, requesting
that EPA not approve the proposed change at 335-3-14-.04(2)(ww)5
when taking action on the May 2, 2011, SIP revision.
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EPA will act on the transportation conformity revisions in
a separate action.
In its August 23, 2016 SIP revision, Alabama withdrew the
portion of its May 8, 2013 SIP revision that addressed the Biomass
Deferral Rule.
ADEM Administrative Code Chapter 335-3-10--``Standards of
Performance for New Stationary Sources,'' Chapter 335-3-11--``National
Emission Standards for Hazardous Air Pollutants,'' and Chapter 335-3-
16--``Major Source Operating permits,'' are not part of Alabama's SIP;
therefore, EPA cannot make the changes to these regulations.
II. Background
On January 2, 2011, GHG emissions were, for the first time, covered
by the PSD and title V operating permit programs.\5\ To establish a
process for phasing in the permitting requirements for stationary
sources of GHGs under the CAA PSD and title V programs, on June 3,
2010, EPA published a final rule entitled ``Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule'' (hereinafter
referred to as the GHG Tailoring Rule). See 75 FR 31514. In Step 1 of
the GHG Tailoring Rule, which began on January 2, 2011, EPA limited
application of PSD and title V requirements to sources and
modifications of GHG emissions, but only if they were subject to PSD or
title V ``anyway'' due to their emissions of pollutants other than
GHGs. These sources are referred to as ``anyway sources.''
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\5\ See the rule entitled ``Reconsideration of Interpretation of
Regulations that Determine Pollutants Covered by Clean Air Act
Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010).
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In Step 2 of the GHG Tailoring Rule, which applied as of July 1,
2011, the PSD and title V permitting requirements applied to some
sources that were classified as major sources based solely on their GHG
emissions or potential to emit GHGs. Step 2 also applied PSD permitting
requirements to modifications of otherwise major sources that would
increase only GHG emissions above the level in EPA regulations. EPA
generally described the sources covered by PSD during Step 2 of the
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012.
See 77 FR 41051. In this rule, EPA decided against further phase-in of
the PSD and title V requirements for sources emitting lower levels of
GHG emissions. Thus, the thresholds for determining PSD applicability
based on emissions of GHGs remained the same as established in Steps 1
and 2 of the Tailoring Rule.
The GHG PALs portion of the July 12, 2012 final rule revised EPA
regulations under 40 CFR part 52 for establishing PALs for GHG
emissions. A PAL establishes a site-specific plantwide emission level
for a pollutant that allows the source to make changes at the facility
without triggering the requirements of the PSD program, provided that
its actual emissions at the facility do not exceed the PAL level. Prior
to the July 12, 2012 rule, PALs were available for non-GHG pollutants
and for GHGs on a mass basis. EPA's rule revised the PAL regulations to
allow for GHG PALs to be established on a carbon dioxide equivalent
(CO2e)\6\ basis, as well as a mass basis. See 77 FR 41051
(July 12, 2012). These regulatory changes provided sources with
flexibility in implementing PALs for GHGs.
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\6\ CO2e emissions refers to emissions of six
recognized GHGs other than CO2 which are scaled to
equivalent CO2 emissions by relative global warming
potential values, then summed with CO2 to determine a
total equivalent emissions value. See 40 CFR 51.166(48)(ii) and
52.21(49)(ii).
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On June 23, 2014, the U.S. Supreme Court addressed the application
of stationary source permitting requirements to GHG emissions in
Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The
Supreme Court upheld EPA's regulation of GHG Step 1--or ``anyway''
sources--but held that EPA may not treat GHGs as air pollutants for the
purpose of determining whether a source is a major source (or is
undergoing a major modification) and thus require the source to obtain
a PSD or title V permit. Therefore, the Court invalidated PSD and title
V permitting requirements for GHG Step 2 sources.
In accordance with the Supreme Court decision, on April 10, 2015,
the D.C. Circuit issued an Amended Judgment vacating the regulations
that implemented Step 2 of the GHG Tailoring Rule, but not the
regulations that implement Step 1 of the GHG Tailoring Rule. Coalition
for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir.
2015). The D.C. Circuit's Judgment specifically vacated the EPA
regulations under review (including 40 CFR 51.166(b)(48)(v) and 40 CFR
52.21(b)(49)(v)) ``to the extent they require a stationary source to
obtain a PSD permit if greenhouse gases are the only pollutant (i) that
the source emits or has the potential to emit above the applicable
major source thresholds, or (ii) for which there is a significant
emissions increase from a modification.'' Id. at 7-8.
EPA promulgated a good cause final rule on August 19, 2015,
entitled ``Prevention of Significant Deterioration and Title V
Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.''
See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the Good
Cause GHG Rule). The rule removed from the Federal regulations the
portions of the PSD permitting provisions for Step 2 sources that were
vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and
52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct
PSD permitting for Step 2 sources, nor can the Agency approve
provisions submitted by a state for inclusion in their SIP providing
this authority. In addition, on October 3, 2016, EPA proposed to revise
provisions in the PSD permitting regulations applicable to GHGs to
address the GHG applicability threshold for PSD in order to fully
conform with UARG and the Amended Judgment, but those revisions have
not been finalized. See 81 FR 68110.
III. Analysis of the State's Submittals
A. Alabama's May 8, 2013 Submittal
Alabama's May 8, 2013 SIP submittal seeks to add to the Alabama SIP
elements of EPA's July 12, 2012 rule implementing Step 3 of the phase-
in of PSD permitting requirements for GHGs
[[Page 38663]]
described in the GHG Step 3 Rule by modifying a PAL provision at Rule
335-3-14-.04(23)(b)4.\7\ As explained in Section II above, a PAL
establishes a site-specific plantwide emission level for a pollutant
that allows the source to make changes to units at the facility without
triggering the requirements of the PSD program, provided that facility-
wide emissions do not exceed the PAL.
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\7\ As discussed in Section I above, EPA is not acting on the
remaining portions of this submittal.
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The Federal PSD regulations currently include PAL provisions that
apply to GHG-only, or Step 2, sources. However, some of these
provisions may no longer be applicable in light of the Supreme Court's
decision in UARG and the D.C. Circuit's Amended Judgment. The Supreme
Court determined that sources and modifications may not be defined as
``major'' solely on the basis of GHGs emitted or increased, and
consequently PALs for GHGs may no longer be authorized in instances in
which a source has triggered PSD based on GHG emissions alone. EPA has
proposed action in an October 3, 2016 proposed rule to clarify the GHG
PAL rules. See 81 FR 68110. However, PALs for GHGs may still have a
role to play in determining whether a source that is already subject to
PSD for a pollutant other than GHGs should also be subject to PSD for
GHGs. The existing GHG PALs regulations do not add new requirements for
sources or modifications that only emit or increase GHGs above the
major source threshold, or the 75,000 ton per year (tpy) GHG level in
40 CFR 52.21(b)(49)(iv), but rather provide increased flexibility to
sources that wish to manage their GHG emissions by way of a PAL.
In its May 8, 2013 SIP submittal, Alabama seeks to modify the
definition of ``major emissions unit'' in its SIP-approved PAL
regulations by adding the phrase ``any emissions unit that has the
potential to emit 100,000 tons per year of GHG as CO2e.'' The State
subsequently revised this threshold from 100,000 tpy to 75,000 tpy as
part of its August 23, 2016 submittal, as discussed below. Given this
subsequent revision, the text that EPA is proposing to add to the SIP-
approved definition of ``major emissions unit'' at Rule 335-3-
14-.04(23)(b)4. reads as follows: ``any emissions unit that has the
potential to emit 75,000 tons per year of GHG as CO2e'' into the SIP-
approved definition of ``major emissions unit'' at Rule 335-3-
14-.04(23)(b)4.
EPA has preliminarily concluded that approving these changes into
the SIP will not interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section 171),
or any other applicable requirement of the CAA. EPA discussed the
effects of PALs in the Supplemental Analysis of the Environmental
Impact of the 2002 Final NSR Improvement Rules (November 21, 2002)
(2002 Supplemental Analysis). The Supplemental Analysis explained,
``[t]he EPA expects that the adoption of PAL provisions will result in
a net environmental benefit. Our experience to date is that the
emissions caps found in PAL-type permits result in real emissions
reductions, as well as other benefits.'' Supplemental Analysis at 6;
see also 76 FR 49313, 49315 (August 10, 2011). EPA further discussed
the effects of PALs in the GHG Step 3 Rule, including the benefits of
GHG PALs. See 77 FR 41059-60. EPA is therefore proposing to approve the
changes to the PAL provisions into the Alabama SIP, as amended in the
August 23, 2016 submittal discussed below.
B. Alabama's August 23, 2016 Submittal
Alabama's August 23, 2016 SIP submittal makes further changes to
the State's PSD permitting regulation at Rule 335-3-14-.04. This
submittal revises the GHG PALs threshold in Rule 335-3-14-.04(23)(b)4
proposed in the May 8, 2013, submittal from 100,000 tpy to 75,000 tpy,
as mentioned in section III.A above.\8\ The SIP submittal also revises
the applicability of PSD for GHGs by removing language regulating GHG-
only (i.e., Step 2) sources in Rules 335-3-14-.04(1)(k) and 335-3-
14-.04(2)(a) to align with current federal requirements, as discussed
below.
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\8\ As discussed in Section I, above, EPA is not acting on the
remaining portions of this submittal. The submittal also withdraws
the change proposed to Rule 335-3-14-.04(2)(zz) in the State's May
8, 2013 SIP submittal to address the Biomass Deferral Rule.
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Alabama modifies its applicability language for GHGs to regulate
only ``anyway'' sources. The State revises Rule 335-3-14-.04(1)(k) in
its PSD applicability regulations and the definition of ``Major
Stationary Source'' at Rule 335-3-14-.04(2)(a) by removing language
that would subject a source to PSD requirements through GHG emissions
alone. The proposed revision to subparagraph (2)(a) removes the
following text from the definition of ``major stationary source'':
``(iii) For GHGs, any stationary source which emits or has the
potential to emit: (I) GHGs on a total mass rate in accordance with
either subparagraph 2(a)1. or (2)(a)1.(i), and (II) GHGs of 100,000
tons per year or more CO2e.'' The proposed revision to Rule
335-3-14-.04(1)(k) replaces subparagraph (k) with the following text:
(k) Greenhouse gases (GHGs)
1. GHGs, as defined in Subparagraph (2)(zz) of this Rule,\9\
shall not be utilized in determining if a source is a major
stationary source, as defined in Subparagraph (2)(a) of this Rule,
or in determining if a modification is a major modification, as
defined in Subparagraph (2)(b) of this Rule.
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\9\ Subparagraph (2)(zz) defines ``greenhouse gases'' as ``the
aggregate of: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.''
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2. GHGs shall only be subject to the requirements of this Rule
if:
(i) A new major stationary source or major modification causes a
significant emissions increase of GHGs, as defined in subparagraph
(2)(mm) of this rule,\10\ and a significant net emissions increase
of GHGs, as defined in subparagraphs (2)(c) and (2)(w) of this
rule,\11\ and
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\10\ Pursuant to subparagraph (2)(mm), ``significant emissions
increase means, for a regulated NSR pollutant, an increase in
emissions that is significant (as defined in subparagraph (2)(w) of
this rule) for that pollutant.''
\11\ As it relates to GHGs, subparagraph (2)(w) defines
``significant,'' in reference to a net emissions increase or
potential to emit, at a rate of 75,000 tpy of GHGs on a CO2e basis.
This definition of ``significant'' was previously approved by EPA on
December 29, 2010. See 75 FR 81863.
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(ii) The new major stationary source or major modification is
required to obtain a permit subject to the requirements of this Rule
as a result of emissions of regulated NSR pollutants other than
GHGs.
Although these proposed changes to the Alabama SIP are structured
differently than EPA's federal rules, the primary practical effect of
both is the same: PSD requirements do not apply to GHG emissions from
an ``anyway source'' unless the source emits GHGs at or above the
75,000 tpy CO2e threshold.
EPA has preliminarily concluded that proposing approval of these
change into the SIP will not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the CAA. Step 2 of
the GHG Tailoring Rule was invalidated. As mentioned above, EPA
discussed the effects of PALs in the 2002 Supplemental Analysis and the
GHG Step 3 Rule.
IV. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, EPA is proposing the
incorporation by reference of ADEM Administrative Code Rules 335-3-
14-.04(1)(k), 335-3-14-.04(2)(a)(ii), and 335-3-14-.04(b)4, state
effective on November 25, 2014. Therefore, EPA is proposing approval
for inclusion of these materials in Alabama's State implementation
plan. Once final, and these materials have been incorporated
[[Page 38664]]
by reference by EPA into that plan, they are fully Federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\12\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office (please contact
the person identified in the ``For Further Information Contact''
section of this preamble for more information).
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\12\ See 62 FR 27968 (May 22, 1997).
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V. Proposed Action
EPA is proposing to approve the portions of Alabama's May 8, 2013
and August 23, 2016 SIP submittals that revise the PSD permitting
program at Rule 335-3-14-.04--``Air Permits Authorizing Construction in
Clean Areas (Prevention of Significant Deterioration (PSD))'' by
removing language regulating GHG-only (i.e., Step 2) sources and by
adding language to the PAL provisions. EPA believes that these changes
are consistent with the requirements 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. 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
proposed action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate Matter, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17220 Filed 8-14-17; 8:45 am]
BILLING CODE 6560-50-P