[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61111-61112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25673]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0185; FRL-9935-21-Region 4]


Approval and Promulgation of Implementation Plans; Alabama; 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

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, the November 4, 
2011, State Implementation Plan (SIP) submission, provided by the 
Alabama Department of Environmental Management (ADEM) for inclusion 
into the Alabama SIP. This final action pertains to the Clean Air Act 
(CAA or the Act) infrastructure requirements for the 2008 Lead 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 2008 Lead NAAQS is 
implemented, enforced, and maintained in Alabama. With the exception of 
provisions pertaining to prevention of significant deterioration (PSD) 
permitting, which EPA is taking no action through this notice, and the 
provisions respecting state boards, for which EPA is taking final 
action to disapprove, EPA is taking final action to approve Alabama's 
infrastructure SIP submission provided to EPA on November 4, 2011, as 
satisfying the required infrastructure elements for the 2008 Lead 
NAAQS.

DATES: This rule will be effective November 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0185. 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: Zuri Farngalo, 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. Farngalo can be reached by phone at (404) 562-9152 and 
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. For additional information on the 
infrastructure SIP requirements, see the proposed rulemaking published 
on July 20, 2015 (80 FR 42765).
    On July 20, 2015, EPA proposed to approve in part, and disapprove 
in part, Alabama's November 4, 2011, 2008 Lead NAAQS infrastructure SIP 
submission. EPA did not receive any comments, adverse or otherwise, on 
the July 20, 2015, proposed rule. EPA is not taking any action today 
pertaining to the PSD permitting requirements for major sources of 
sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2008 Lead 
NAAQS. EPA took final action on these elements in a separate action on 
March 18, 2015 (80 FR 14019). With respect to Alabama's infrastructure 
SIP submissions related to section 110(a)(2)(E)(ii) respecting the 
section 128 state board requirements, EPA is taking final action to 
disapprove this element of Alabama's submissions.

II. Final Action

    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 
state board requirements of section 110(a)(2)(E)(ii), EPA is taking 
final action to approve that ADEM's infrastructure SIP submission, 
submitted November 4, 2011, for the 2008 Lead NAAQS meets the above 
described infrastructure SIP requirements. EPA is taking final action 
to disapprove Alabama's infrastructure submission for section 
110(a)(2)(E)(ii) because the State's implementation plan does not 
contain provisions to comply with section 128 of the Act.

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. 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);

[[Page 61112]]

     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 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 December 8, 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, Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 24, 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 entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2008 Lead 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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                                                            State
                                        Applicable        submittal
    Name of nonregulatory SIP          geographic or        date/       EPA approval date        Explanation
            provision               nonattainment area    effective
                                                             date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure   Alabama.............    11/4/2011  10/9/2015 [Insert     With the exception
 Requirements for the 2008 Lead                                        citation of           of provisions
 National Ambient Air Quality                                          publication].         pertaining to PSD
 Standards.                                                                                  permitting
                                                                                             requirements in
                                                                                             sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3),
                                                                                             110(a)(2)(J); and
                                                                                             section
                                                                                             110(a)(2)(E)(ii).
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0
3. Section 52.53 is amended by adding paragraph (b) to read as follows:


Sec.  52.53  Approval status.

* * * * *
    (b) Disapproval. Submittal from the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM) on November 4, 
2011, to address the Clean Air Act (CAA) section 110(a)(2)(E)(ii) for 
the 2008 Lead 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 boards per section 128 of the CAA for the 2008 Lead National 
Ambient Air Quality Standards.

[FR Doc. 2015-25673 Filed 10-8-15; 8:45 am]
 BILLING CODE 6560-50-P