[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43487-43489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19699]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0208; FRL-9967-84-Region 4]


Air Plan Approval; Alabama: Infrastructure Requirements for the 
2012 PM2.5 National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the 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, on December 9, 2015, to demonstrate that the State meets 
the infrastructure requirements of the Clean Air Act (CAA or Act) for 
the 2012 annual fine particulate matter (PM2.5) 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 2012 Annual 
PM2.5 NAAQS is implemented, enforced, and maintained in 
Alabama. EPA has determined that portions of Alabama's SIP satisfy 
certain required infrastructure elements for the 2012 Annual 
PM2.5 NAAQS.

DATES: This rule will be effective October 18, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0208. 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: Tiereny Bell, 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. Bell can be reached via electronic mail at 
[email protected] or via telephone at (404) 562-9088.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS. The standard was strengthened from 15.0 
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR 
3086 (January 15, 2013). 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

[[Page 43488]]

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 2012 Annual PM2.5 NAAQS to EPA no later than 
December 9, 2015.\1\
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    \1\ In these infrastructure SIP submissions States generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2). Throughout this rulemaking, unless otherwise 
indicated, the term ``ADEM Administrative Code (Admin. Code r).'' 
indicates that the cited regulation has either been approved, or 
submitted for approval into Alabama's federally-approved SIP. The 
term ``Alabama Code'' (Ala. Code) indicates cited Alabama state 
statutes, which are not a part of the SIP unless otherwise 
indicated.
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    In a proposed rulemaking published on June 29, 2017 (82 FR 29448), 
EPA proposed to approve portions of Alabama's December 9, 2015, SIP 
submission for the 2012 Annual PM2.5 NAAQS. The details of 
Alabama's submission and the rationale for EPA's actions for this final 
rule are explained in the June 29, 2017, proposed rulemaking. Comments 
on the proposed rulemaking were due on or before July 31, 2017. EPA 
received no adverse comments.

II. Final Action

    EPA is taking final action to approve Alabama's infrastructure 
submission submitted on December 9, 2015, for the 2012 Annual 
PM2.5 NAAQS for the infrastructure SIP requirements, with 
the exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2) and visibility of section 
110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of 
section 110(a)(2)(E)(ii). EPA notes that the Agency is not approving 
any specific rule, but rather approving that Alabama's already approved 
SIP meets certain CAA requirements. With respect to the interstate 
transport provisions pertaining to contribution to nonattainment or 
interference with maintenance in other states of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2) and visibility of section 
110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of 
section 110(a)(2)(E)(ii). EPA will consider these requirements in 
relation to Alabama's 2012 Annual PM2.5 NAAQS infrastructure 
submission in a separate rulemaking. EPA is taking final action to 
approve all other elements of Alabama's infrastructure SIP submissions 
for the 2012 Annual PM2.5 NAAQS because the submission is 
consistent with section 110 of the CAA.

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).
    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 November 17, 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 sec

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: September 5, 2017.
Onis ``Trey'' Glenn III,
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. In Sec.  52.50, the table in paragraph (e) is amended by adding the 
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 
Annual PM2.5

[[Page 43489]]

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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                                                                           State
 Name of nonregulatory SIP provision      Applicable geographic or    submittal date/             EPA approval date                    Explanation
                                             nonattainment area       effective date
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                                                                      * * * * * * *
110(a)(1) and (2) Infrastructure       Alabama......................       12/9/2015  9/18/2017, [insert Federal Register        With the exception of
 Requirements for the 2012 Annual                                                      citation].                                 section
 PM2.5 NAAQS.                                                                                                                     110(a)(2)(D)(i)(I) and
                                                                                                                                  (II) (prongs 1, 2 and
                                                                                                                                  4) and the state board
                                                                                                                                  requirements of
                                                                                                                                  section
                                                                                                                                  110(a)(2)(E)(ii).
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[FR Doc. 2017-19699 Filed 9-15-17; 8:45 am]
 BILLING CODE 6560-50-P