[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]
 BILLING CODE 6560-50-P