[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43487-43489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19699]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0208; FRL-9967-84-Region 4]
Air Plan Approval; Alabama: Infrastructure Requirements for the
2012 PM2.5 National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the State Implementation Plan (SIP)
submission, submitted by the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), for inclusion into the
Alabama SIP, on December 9, 2015, to demonstrate that the State meets
the infrastructure requirements of the Clean Air Act (CAA or Act) for
the 2012 annual fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS). The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure SIP submission.'' ADEM certified
that the Alabama SIP contains provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented, enforced, and maintained in
Alabama. EPA has determined that portions of Alabama's SIP satisfy
certain required infrastructure elements for the 2012 Annual
PM2.5 NAAQS.
DATES: This rule will be effective October 18, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0208. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at
[email protected] or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS. The standard was strengthened from 15.0
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the 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
[[Page 43488]]
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. States were required to submit such SIPs
for the 2012 Annual PM2.5 NAAQS to EPA no later than
December 9, 2015.\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 federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2). Throughout this rulemaking, unless otherwise
indicated, the term ``ADEM Administrative Code (Admin. Code r).''
indicates that the cited regulation has either been approved, or
submitted for approval into Alabama's federally-approved SIP. The
term ``Alabama Code'' (Ala. Code) indicates cited Alabama state
statutes, which are not a part of the SIP unless otherwise
indicated.
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In a proposed rulemaking published on June 29, 2017 (82 FR 29448),
EPA proposed to approve portions of Alabama's December 9, 2015, SIP
submission for the 2012 Annual PM2.5 NAAQS. The details of
Alabama's submission and the rationale for EPA's actions for this final
rule are explained in the June 29, 2017, proposed rulemaking. Comments
on the proposed rulemaking were due on or before July 31, 2017. EPA
received no adverse comments.
II. Final Action
EPA is taking final action to approve Alabama's infrastructure
submission submitted on December 9, 2015, for the 2012 Annual
PM2.5 NAAQS for the infrastructure SIP requirements, with
the exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2) and visibility of section
110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of
section 110(a)(2)(E)(ii). EPA notes that the Agency is not approving
any specific rule, but rather approving that Alabama's already approved
SIP meets certain CAA requirements. With respect to the interstate
transport provisions pertaining to contribution to nonattainment or
interference with maintenance in other states of section
110(a)(2)(D)(i)(I) (prongs 1 and 2) and visibility of section
110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of
section 110(a)(2)(E)(ii). EPA will consider these requirements in
relation to Alabama's 2012 Annual PM2.5 NAAQS infrastructure
submission in a separate rulemaking. EPA is taking final action to
approve all other elements of Alabama's infrastructure SIP submissions
for the 2012 Annual PM2.5 NAAQS because the submission is
consistent with section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 17, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See sec
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: September 5, 2017.
Onis ``Trey'' Glenn III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. In Sec. 52.50, the table in paragraph (e) is amended by adding the
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012
Annual PM2.5
[[Page 43489]]
NAAQS'' at the end of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA Approved Alabama Non-Regulatory Provisions
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State
Name of nonregulatory SIP provision Applicable geographic or submittal date/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Alabama...................... 12/9/2015 9/18/2017, [insert Federal Register With the exception of
Requirements for the 2012 Annual citation]. section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2 and
4) and the state board
requirements of
section
110(a)(2)(E)(ii).
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[FR Doc. 2017-19699 Filed 9-15-17; 8:45 am]
BILLING CODE 6560-50-P