[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3637-3639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0431; FRL-9957-93-Region 4]


Approval and Promulgation of Implementation Plans; Alabama; 
Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient 
Air Quality Standard

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, 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. This final 
action pertains to the infrastructure requirements of the Clean Air Act 
(CAA or Act) for the 2010 1-hour sulfur dioxide (SO2) 
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 2010 1-hour 
SO2 NAAQS is implemented, enforced, and maintained in 
Alabama. EPA has determined that portions of Alabama's infrastructure 
SIP submission, provided to EPA on April 23, 2013, satisfy certain 
required infrastructure elements for the 2010 1-hour SO2 
NAAQS.

DATES: This rule will be effective February 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0431. 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: Michele Notarianni, 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. Notarianni can be reached via electronic mail at 
[email protected] or via telephone at (404) 562-9031.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the 
primary SO2 NAAQS to an hourly standard of 75 parts per 
billion (ppb) based on a 3-year average of the annual 99th percentile 
of 1-hour daily maximum concentrations. 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 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 1-hour SO2 NAAQS to EPA no later than June 2, 
2013.
    EPA is taking final action to approve Alabama's April 23, 2013, 
submission that addresses the infrastructure requirements of CAA 
sections 110(a)(1) and 110(a)(2) for the 2010 1-hour SO2 
NAAQS, with the exception of interstate transport provisions pertaining 
to visibility protection requirements of section 110(a)(2)(D)(i)(II) 
(prong 4) and the state board requirements of section 110(a)(2)(E)(ii). 
With respect to the visibility protection requirements of section 
110(a)(2)(D)(i)(II) (prong 4), EPA is not finalizing any action at this 
time regarding this requirement. With respect to Alabama's 
infrastructure SIP submission related to section 110(a)(2)(E)(ii) 
requirements respecting

[[Page 3638]]

the section 128 state board requirements, EPA is finalizing a 
disapproval of this element of Alabama's submission in this rulemaking.
    In a proposed rulemaking published on July 14, 2016, EPA proposed 
to approve in part and disapprove in part Alabama's 2010 1-hour 
SO2 NAAQS infrastructure SIP submission submitted on April 
23, 2013. See 81 FR 45428. The details of Alabama's submission and the 
rationale for EPA's actions are explained in the proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 15, 
2016. EPA received adverse comments on the proposed action.

II. Response to Comments

    EPA received two sets of comments, one of which was incomplete and 
therefore could not be addressed, on the July 14, 2016, proposed 
rulemaking on Alabama's 2010 1-hour SO2 NAAQS infrastructure 
SIP submission. A summary of the complete comment and EPA's response is 
provided below. A full set of these comments is provided in the docket 
for today's final rulemaking action.
    Comment: The Commenter stated that EPA must disapprove element 
110(a)(2)(C) unless Alabama's SIP provides that no new minor source or 
minor modification of a major source can cause or contribute to a 
violation of any NAAQS.
    Response: EPA agrees that section 110(a)(2)(C) and the minor new 
source regulations at 40 CFR 51.160 through 51.164 require SIPs to 
includes procedures to prevent the construction of new minor sources 
and minor modifications of major sources if the new or modified source 
will interfere with attainment or maintenance of a NAAQS. EPA explained 
its approach to reviewing the minor source element of 110(a)(2)(C) in 
its proposed rulemaking for this action: ``Thus, EPA evaluates whether 
the state has an EPA-approved minor NSR program and whether the program 
addresses the pollutants relevant to that NAAQS. In the context of 
acting on an infrastructure SIP submission, however, EPA does not think 
it is necessary to conduct a review of each and every provision of a 
state's existing minor source program (i.e., already in the existing 
SIP) for compliance with the requirements of the CAA and EPA's 
regulations that pertain to such programs.'' See 81 FR 45431-45432 
(July 14, 2016). In its 2010 1-hour SO2 NAAQS infrastructure 
SIP submission, Alabama certified that its SIP contains provisions to 
address the 110(a)(2)(C) requirements regarding new minor sources and 
modifications, and, as noted in EPA's proposed rulemaking, the 
following SIP-approved rules address the minor source element of 
section 110(a)(2)(C): ADEM Admin. Code r. 335-3-14-.01 General 
Provisions, 335-3-14-.02 Permit Procedure, and 335-3-14-.03--Standards 
for Granting Permits. These SIP-approved rules address NAAQS pollutants 
including SO2. While the Commenter did not specifically 
object to any aspect of Alabama's SIP submission with respect section 
110(a)(2)(C), EPA notes that Alabama's SIP addresses this non-
interference component for the minor new source/minor modification 
permitting element. Specifically relevant to this comment, these SIP-
approved rules include provisions to prohibit the issuance of 
construction permits if the source at issue would result in a violation 
of any air quality standard. See ADEM Admin. Code r. 335-3-
14-.03(1)(g).

III. Final Action

    With the exception of interstate transport provisions pertaining to 
visibility protection requirements of section 110(a)(2)(D)(i)(II) 
(prong 4), and the state board requirements of section 
110(a)(2)(E)(ii), EPA is taking final action to approve Alabama's 
infrastructure submission submitted on April 23, 2013, for the 2010 1-
hour SO2 NAAQS for the above described infrastructure SIP 
requirements. EPA is taking final action to approve Alabama's 
infrastructure SIP submission for the 2010 1-hour SO2 NAAQS 
because the submission is consistent with section 110 of the CAA. EPA 
is finalizing disapproval of section 110(a)(2)(E)(ii) of Alabama's 
infrastructure submission because the State's implementation plan does 
not contain provisions to comply with section 128 of the Act, and thus 
Alabama's April 23, 2013, infrastructure SIP submission does not meet 
the requirements of the Act.
    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 disapproved in 
today's notice) were not submitted to meet requirements for Part D or a 
SIP call, and therefore, no sanctions will be triggered. However, that 
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 this disapproval unless the State corrects the 
deficiency, and EPA approves the plan or plan revision before EPA 
promulgates such FIP.

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. 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

[[Page 3639]]

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 March 13, 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: December 20, 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.

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2010 1-hour SO2 
National Ambient Air Quality Standard'' 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     Applicable geographic or  submittal date/   EPA approval         Explanation
          provision                nonattainment area     effective date        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)              Alabama..................       4/23/2013  1/12/2017,        With the exception
 Infrastructure Requirements                                               [Insert Federal   of interstate
 for the 2010 1-hour SO2                                                   Register page     transport
 NAAQS.                                                                    citation].        requirements of
                                                                                             section
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 4), and the
                                                                                             state board
                                                                                             requirements of
                                                                                             section
                                                                                             110(a)(2)(E)(ii).
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0
3. Section 52.53 is amended by adding paragraph (d) to read as follows:


Sec.  52.53  Approval status.

* * * * *
    (d) Disapproval. Submittal from the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM) on April 23, 
2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 
2010 1-hour sulfur dioxide (SO2) 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 1-hour SO2 NAAQS.

[FR Doc. 2017-00159 Filed 1-11-17; 8:45 am]
 BILLING CODE 6560-50-P