[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17689-17692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0689; FRL-9925-53-Region 4]


Approval and Promulgation of Implementation Plans; Alabama; 
Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency.

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, the August 20, 2012, 
State Implementation Plan (SIP) submission, provided by the Alabama 
Department of Environmental Management (ADEM) for inclusion into the 
Alabama SIP. This final rulemaking pertains to the Clean Air Act (CAA 
or the Act) infrastructure requirements for the 2008 8-hour ozone 
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 submission. ADEM certified 
that the Alabama SIP contains provisions that ensure the 2008 8-hour 
ozone NAAQS is implemented, enforced, and maintained in Alabama. With 
the exception of provisions pertaining to prevention of significant 
deterioration (PSD) permitting, interstate transport, and visibility 
protection requirements for which EPA is taking no action in this 
rulemaking, and provisions respecting state boards for which EPA is 
taking action to disapprove, EPA is taking final action to approve 
Alabama's infrastructure SIP submission provided to EPA on August 20, 
2012, as satisfying the required infrastructure elements for the 2008 
8-hour ozone NAAQS.

DATES: This rule will be effective May 4, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0689. 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 (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
the Air Planning 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: Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order 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. These SIP submissions are commonly 
referred to

[[Page 17690]]

as ``infrastructure'' SIP submissions. Section 110(a) imposes the 
obligation upon states to make an infrastructure 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 infrastructure SIP for a new or revised NAAQS affect the 
content of the submission. The contents of such infrastructure SIP 
submissions may also vary depending upon what provisions the state's 
existing SIP already contains. In the case of the 2008 8-hour ozone 
NAAQS, states typically have met the basic program elements required in 
section 110(a)(2) through earlier SIP submissions in connection with 
previous ozone NAAQS.
    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 structural SIP elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements of section 
110(a)(2) are summarized below and 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).'' \1\
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    \1\ 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 due at the time the nonattainment area 
plan requirements are due pursuant to other provisions of the CAA 
for submission of SIP revisions specifically applicable for 
attainment planning purposes. 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. Today's proposed rulemaking does not address 
infrastructure elements related to section 110(a)(2)(I) or the 
nonattainment planning requirements of 110(a)(2)(C).
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     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 \2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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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 \3\
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    \3\ As mentioned above, this element is not relevant to today's 
rulemaking.
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     110(a)(2)(J): Consultation with Government Officials, 
Public Notification, and Prevention of Significant Deterioration (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
    On January 21, 2015, EPA proposed to approve in part and disapprove 
in part, Alabama's August 20, 2012, 2008 8-hour ozone NAAQS 
infrastructure SIP submission with the exception of the PSD permitting 
requirements for major sources of sections 110(a)(2)(C) and (J), the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) and 
(II) (prongs 1 through 4), and the visibility requirements of section 
110(a)(2)(J), which EPA will address in a separate action. EPA also 
proposed to disapprove Alabama's infrastructure submission for section 
110(a)(2)(E)(ii) pertaining to state board requirements. See 80 FR 
2851.

II. EPA's Response to Comments

    EPA received one comment on its January 21, 2015, proposed action.
    Comment: The commenter suggests that the EPA official who signed 
the proposed SIP approval/disapproval, the Deputy Regional 
Administrator for Region 4, was not delegated to sign SIP actions.
    EPA's Response: The commenter is incorrect. Under CAA section 
110(k) the EPA Administrator is tasked with acting on SIP submittals by 
approving or disapproving the submittal in whole or in part. It is the 
EPA's policy that, in order for other Agency management officials to 
act on behalf of the Administrator, the authority must be delegated 
officially. These official delegations are recorded in the ``EPA 
Delegations Manual.'' Under EPA Delegation 1-21. Federal Register (1200 
TN 543, 4/22/2002), the EPA Administrator has delegated the authority 
to sign and submit proposed actions on SIPs for publication in the 
Federal Register to the Assistant Administrator for Air and Radiation 
and to Regional Administrators. This delegation allows for this 
authority to be redelegated to the Deputies of the authorized 
officials. Based on the authority to redelegate provided in Delegation 
1-21, EPA Region 4 redelegated the authority to sign and submit for 
publication in the Federal Register proposed SIPs to the Deputy 
Regional Administrator (See EPA Region 4 Delegation 1-21). Therefore, 
an appropriate EPA official, the Region 4 Deputy Regional 
Administrator, signed and submitted the proposal to approve in part and 
disapprove in part Alabama's August 20, 2012, infrastructure SIP 
submission. Of note, an earlier Delegation 7-10. Approval/Disapproval 
of State Implementation Plans (1200 TN 441, 5/6/97) did not allow 
redelegation of the authority to act on proposed SIP actions beyond the 
Regional Administrator. Since Delegation 1-21 post-dates 7-10 and 
specifically addresses the authority at issue, the authority to sign 
and submit proposed actions on SIPs for publication in the Federal 
Register, it is the applicable delegation. Delegation 1-21 does not 
change the limitation on redelegation beyond the Regional Administrator 
found in Delegation 7-10 for final actions on SIPs.

III. Final Action

    With the exceptions described below, EPA is taking final action to 
approve ADEM's infrastructure SIP submission, submitted August 20, 
2012, for the 2008 8-hour ozone NAAQS because it meets the above 
described infrastructure SIP requirements. EPA is disapproving in part 
section 110(a)(2)(E)(ii) of Alabama's infrastructure submission because 
Alabama's August 20, 2012, submission did not contain provisions to 
comply with the requirements of section 128 of the CAA for state 
boards. This final approval in part and disapproval in part, however, 
does not include the PSD permitting requirements for major sources of 
section 110(a)(2)(C) and (J), the interstate transport requirements of 
section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the 
visibility requirements of section 110(a)(2)(J), which are being 
addressed by EPA in a separate action. With the exceptions noted above 
Alabama has addressed the elements of the CAA 110(a)(1) and (2) SIP 
requirements pursuant to section 110 of the CAA to ensure that the 2008 
8-hour ozone NAAQS is implemented, enforced, and maintained in Alabama.

[[Page 17691]]

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);
     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 June 1, 2015. 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: March 19, 2015.
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.

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National 
Ambient Air Quality Standards'' 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
    Name of nonregulatory SIP       geographic or       State
            provision               nonattainment  submittal date/  EPA approval date          Explanation
                                        area       effective date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure        7/17/2012        4/2/2015  [Insert citation of  With the exception of
 Requirements for the 2008 8-Hour                                   publication].        PSD permitting
 Ozone National Ambient Air                                                              requirements for major
 Quality Standards.                                                                      sources of sections
                                                                                         110(a)(2)(C) and (J);
                                                                                         interstate transport
                                                                                         requirements of section
                                                                                         110(a)(2)(D)(i)(I) and
                                                                                         (II), 110(a)(2)(E)(ii),
                                                                                         and the visibility
                                                                                         requirements of section
                                                                                         110(a)(2)(J).
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0
3. Section 52.53 is amended by adding paragraph (a), and adding and 
reserving paragraph (b), to read as follows:


Sec.  52.53  Approval status.

* * * * *
    (a) Disapproval. Submittal from the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM) on August 20, 
2012, to address the Clean Air Act (CAA) section 110(a)(2)(E)(ii) for 
the 2008 8-hour Ozone National Ambient Air Quality Standards 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

[[Page 17692]]

boards per section 128 of the CAA for the 2008 8-hour Ozone National 
Ambient Air Quality Standards.
    (b) [Reserved]

[FR Doc. 2015-07349 Filed 4-1-15; 8:45 am]
 BILLING CODE 6560-50-P