[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83142-83144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27862]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0756; FRL-9955-29-Region 4]
Air Plan Approval/Disapproval; AL Infrastructure Requirements for
the 2010 1-Hour NO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve in part, and disapprove in part, portions of the
April 23, 2013, and December 9, 2015, of the State Implementation Plan
(SIP) submissions, submitted by the State of Alabama, through the
Alabama Department of Environmental Management (ADEM), to demonstrate
that the State meets certain infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide
(NO2) national ambient air quality standards (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.
ADEM certified that the Alabama SIP contains provisions that ensure the
2010 1-hour NO2 NAAQS is implemented, enforced, and
maintained in Alabama. With the exception of the provisions pertaining
to prevention of significant deterioration (PSD) permitting, and
visibility in other states, for which EPA is proposing no action
through this notice, and the provisions respecting state boards, for
which EPA is finalizing disapproval, EPA has determined portions of
Alabama's infrastructure SIP submissions, provided to EPA on April 23,
2013, and updated on December 9, 2015, satisfy certain required
infrastructure elements for the 2010 1-hour NO2 NAAQS.
DATES: This rule will be effective December 21, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0756. 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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8726. Mr. Richard Wong can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated
a new 1-hour primary NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year average of the 98th percentile of
the yearly distribution of 1-hour daily maximum concentrations.
Pursuant to section 110(a)(1) of the CAA, states are required to submit
SIPs meeting the 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. States were required to submit
such SIPs for the 2010 NO2 NAAQS to EPA no later than
January 22, 2013.
In a proposed rulemaking published on July 20, 2016 (81 FR 47124),
EPA proposed to approve Alabama's 2010 1-hour NO2 NAAQS
infrastructure SIP submissions submitted on April 23, 2013, and
December 9, 2015, with the exception of the PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J)
and the interstate transport requirements of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2, and 4), and the state board requirements of
section
[[Page 83143]]
110(a)(2)(E)(ii). On March 18, 2015, EPA approved Alabama's April 23,
2013, infrastructure SIP submission regarding the PSD permitting
requirements for major sources of sections 110(a)(2)(C), prong 3 of
D(i) and (J) for the 2010 1-hour NO2 NAAQS. See 80 FR
14019.\1\ Therefore, EPA is not taking any action today pertaining to
sections 110(a)(2)(C), prong 3 of D(i) and (J). With respect to the
interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs
1, 2 and 4), Alabama provided a separate submissions. EPA is
considering action on Alabama's submission related to
110(a)(2)(D)(i)(I) (prongs 1, 2 and 4) through a separate actions.
Additionally, with respect to Alabama's infrastructure SIP submissions
related to section 110(a)(2)(E)(ii) requirements respecting the section
128 state board requirements, EPA is disapproving this element of
Alabama's submissions in this rulemaking. The details of Alabama's
submission and the rationale for EPA's actions for this final
rulemaking are explained in the July 20, 2016, proposed rulemaking.
Comments on the proposed rulemaking were due on or before August 19,
2016. EPA received no adverse comments on the proposed action.
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\1\ ADEM clarified that its December 9, 2015, submission was not
intended to address the PSD requirements that were approved by EPA
on March 18, 2015. See www.regulations.gov using Docket ID No. EPA-
R04-OAR-2014-0756.
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II. Final Action
EPA is taking final action to approve Alabama's infrastructure SIP
submissions for the 2010 1-hour NO2 NAAQS, with the
exception of the PSD permitting requirements for major sources of
sections 110(a)(2)(C), prong 3 of D(i), and (J) and the interstate
transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4). With regard to the state board majority requirements of
section 110(a)(2)(E)(ii), EPA is finalizing a disapproval of Alabama'
April 23, 2013, and December 9, 2015, infrastructure submissions. Under
section 179(a) of the CAA, final disapproval of a submittal that
addresses a requirement of a CAA Part D Plan or is required in response
to a finding of substantial inadequacy as described in CAA section
110(k)(5) (SIP call) starts a sanctions clock. The portion of section
110(a)(2)(E)(ii) provisions (the provisions being disapproved in this
notice) were not submitted to meet requirements for Part D or a SIP
call, and therefore, no sanctions will be triggered. However, this
final action will trigger the requirement under section 110(c) that EPA
promulgate a Federal Implementation Plan (FIP) no later than two years
from the date of the disapproval unless the State corrects the
deficiency, and EPA approves the plan or plan revision before EPA
promulgates such FIP.
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).
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 January 20, 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 section 307(b)(2).
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.
Dated: November 4, 2016.
Heather McTeer Toney,
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.
[[Page 83144]]
Subpart B--Alabama
0
2. Section 52.50(e), is amended by adding an entry for ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour NO2
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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Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
110(a)(1) and (2) Alabama............ 4/23/2013 11/21/2016 With the exception of
Infrastructure Requirements [Insert citation sections:
for the 2010 1-hour NO2 NAAQS. of publication]. 110(a)(2)(C) and (J)
concerning PSD
permitting
requirements;
110(a)(2)(D)(i)(I)
and (II) (prongs 1
through 4)
concerning
interstate transport
requirements and the
state boards of
section
110(a)(2)(E)(ii).
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0
3. Section 52.53 is amended by adding paragraph (c) to read as follows:
Sec. 52.53 Approval status.
* * * * *
(c) Disapproval. Submittal from the State of Alabama, through the
Alabama Department of Environmental Management (ADEM) on April 23,
2013, and December 9, 2015, to address the Clean Air Act section
110(a)(2)(E)(ii) for the 2010 1-hour nitrogen dioxide (NO2)
National Ambient Air Quality Standards (NAAQS) concerning state board
requirements. EPA is disapproving section 110(a)(2)(E)(ii) of ADEM's
submittal because the Alabama SIP lacks provisions respecting state
boards per section 128 of the CAA for the 2010 Nitrogen Dioxide
National Ambient Air Quality Standards.
[FR Doc. 2016-27862 Filed 11-18-16; 8:45 am]
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