[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7823-7825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03853]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0544; FRL-9990-31-Region 4]


Air Plan Approval; Alabama; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Alabama 
through the Alabama Department of Environmental Management (ADEM) with 
a letter dated June 26, 2018. Alabama's SIP revision (Progress Report) 
addresses requirements of the Clean Air Act (CAA or Act) and EPA's 
rules that require each state to submit periodic reports describing 
progress towards reasonable progress goals (RPGs) established for 
regional haze and a determination of the adequacy of the State's 
existing SIP addressing regional

[[Page 7824]]

haze (regional haze plan). EPA is approving Alabama's determination 
that the State's regional haze plan is adequate to meet these RPGs for 
the first implementation period covering through 2018 and requires no 
substantive revision at this time.

DATES: This rule is effective April 4, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0544. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be 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: Brad Akers, 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. Akers 
can be reached via telephone at (404) 562-9089 or electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    States are required to submit regional haze progress reports that 
evaluate progress towards the RPGs for each mandatory Class I Federal 
area \1\ (Class I area) within the state and for each Class I area 
outside the state which may be affected by emissions from within the 
state. See 40 CFR 51.308(g). In addition, the provisions of 40 CFR 
51.308(h) require states to submit, at the same time as a 40 CFR 
51.308(g) progress report, a determination of the adequacy of the 
state's existing regional haze plan. The first progress report is due 
five years after submittal of the initial regional haze plan and must 
be submitted as a SIP revision. On June 26, 2018, ADEM submitted its 
Progress Report which, among other things, detailed the progress made 
in the first period toward implementation of the long term strategy 
outlined in the State's regional haze plan; the visibility improvement 
measured at the Sipsey Wilderness Area (the only Class I area within 
Alabama); and a determination of the adequacy of the State's existing 
regional haze plan.
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6,000 acres, wilderness areas and 
national memorial parks exceeding 5,000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
These areas are listed at 40 CFR part 81, subpart D.
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    In a notice of proposed rulemaking (NPRM) published on December 18, 
2018 (83 FR 64797), EPA proposed to approve Alabama's Progress Report. 
The details of Alabama's submission and the rationale for EPA's action 
is explained in the NPRM. Comments on the proposed rulemaking were due 
on or before January 8, 2019. EPA received no adverse comments on the 
proposed action. EPA received two supportive comments which are 
included in the docket for this final rule.

II. Final Action

    EPA is finalizing approval of Alabama's June 26, 2018, Progress 
Report as meeting the applicable regional haze requirements set forth 
in 40 CFR 51.308(g) and (h).

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. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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).

[[Page 7825]]

    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 May 6, 2019. 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, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: February 20, 2019.
Mary S. Walker,
Acting 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 an entry for ``June 2018 
Regional Haze Progress Report'' 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       submittal date/
             provision                  geographic or        effective               EPA approval date                          Explanation
                                     nonattainment area        date
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                                                                      * * * * * * *
June 2018 Regional Haze Progress    Alabama.............       6/26/2018  3/5/2019, [Insert Federal Register      ......................................
 Report.                                                                   citation].
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[FR Doc. 2019-03853 Filed 3-4-19; 8:45 am]
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