[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Rules and Regulations]
[Pages 7289-7291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02078]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0367; FRL-11573-02-R4]
Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan
for the 2006 24-Hour PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), via a letter dated February 2, 2021. The SIP
revision includes the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS)
Limited Maintenance Plan (LMP) for the Birmingham, Alabama maintenance
area (Birmingham Area or Area). The Birmingham 2006 24-hour
PM2.5 maintenance area is comprised of Jefferson County,
Shelby County, and a portion of Walker County. EPA is approving the
Birmingham Area LMP because it provides for the maintenance of the 2006
24-hour PM2.5 NAAQS within the Birmingham Area through the
end of the second 10-year portion of the maintenance period. The effect
of this action would be to make certain commitments related to
maintenance of the 2006 24-hour PM2.5 NAAQS in Birmingham
federally enforceable as part of the Alabama SIP. EPA is also notifying
the public of the status of EPA's adequacy determination, consistent
with the requirements in the transportation conformity rule, for this
LMP.
DATES: This rule is effective March 4, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0367. 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 and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that 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: Dianna Myers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9207. Ms. Myers can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Birmingham LMP for the 2006 24-hour PM2.5 NAAQS, adopted
by ADEM on February 2, 2021, and submitted by ADEM as a revision to the
Alabama SIP under a cover letter with the same date.\1\ On November 13,
2009, EPA promulgated designations for the 2006 24-hour
PM2.5 NAAQS, designating the Birmingham Area, which includes
Jefferson County, Shelby County, and a portion of Walker County, as
nonattainment for the 2006 24-hour PM2.5 NAAQS based upon
air quality data for calendar years 2006 through 2008. See 74 FR 58688.
Subsequently, on January 25, 2013, EPA approved the Birmingham Area's
maintenance plan and the State's request to redesignate the Birmingham
Area to attainment for the 2006 24-hour PM2.5 NAAQS. See 78
FR 5306.
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\1\ EPA notes the Agency received the submittal on February 17,
2021.
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The Birmingham LMP for the 2006 24-hour PM2.5 NAAQS is
designed to maintain the 2006 24-hour PM2.5 NAAQS within
Birmingham through the end of the second 10-year portion of the
maintenance period beyond redesignation or 2034. EPA is approving the
plan because it meets all applicable requirements under CAA sections
110 and 175A. As a general matter, the Birmingham LMP for the 2006 24-
hour PM2.5 NAAQS relies on the same control measures and
similar contingency provisions to maintain the 2006 24-hour
PM2.5 NAAQS during the second 10-year portion of the
maintenance period as the maintenance plan submitted by ADEM for the
first 10-year period.
In a notice of proposed rulemaking (NPRM) published on December 13,
2023 (88 FR 86303), EPA proposed to approve the Birmingham LMP because
the State made a showing, consistent with EPA's LMP guidance, that the
Birmingham Area's PM2.5 concentrations are well below the
2006 24-hour PM2.5 NAAQS, have been historically stable, and
that it has met all other maintenance plan requirements. The details of
Alabama's submission and the rationale for EPA's action are explained
further in the December 13, 2023, NPRM. Comments on the December 13,
2023, NPRM were due on or before January 12, 2024. No comments were
received on the NPRM, adverse or otherwise.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth above and in the NPRM, EPA is finalizing its approval
of the Birmingham Area LMP for the 2006 24-hour PM2.5 NAAQS,
submitted by ADEM on February 2, 2021, as a revision to the Alabama
SIP. EPA is finalizing the approval of the Birmingham Area LMP because
it
[[Page 7290]]
includes an acceptable update of the various elements of the 2006 24-
hour PM2.5 NAAQS maintenance plan approved by EPA for the
first 10-year period (including emissions inventory, assurance of
adequate monitoring and verification of continued attainment, and
contingency provisions), and retains the relevant provisions of the
SIP.
EPA also finds that the Birmingham Area qualifies for the LMP
option and adequately demonstrates maintenance of the 2006 24-hour
PM2.5 NAAQS through documentation of monitoring data showing
maximum 24-hour PM2.5 levels well below the NAAQS
(including, as explained the NPRM, average design values below the
critical design values), the historically stable design values, and the
continuation of existing control measures. EPA finds the Birmingham
Area's 2006 24-hour PM2.5 LMP to be sufficient to provide
for maintenance of the 2006 24-hour PM2.5 NAAQS in the
Birmingham Area over the second 10-year maintenance period, through
2034, and thereby satisfy the requirements for such a plan under CAA
section 175A(b).
EPA is approving this second 10-year LMP and notifying the public
that EPA finds the LMP adequate for transportation conformity purposes
because it meets the adequacy criteria in 40 CFR 93.118(e)(4). After
2024, the motor vehicle emissions in the Birmingham Area may be treated
as essentially not constraining for the second 10-year maintenance
period because EPA concludes that it is unreasonable to expect that the
area will experience enough motor vehicle emissions growth that a
violation of the PM2.5 NAAQS would result. Therefore, all
actions for transportation plans and transportation improvement
programs that would require a transportation conformity determination
for the Birmingham 2006 24-hour PM2.5 maintenance area under
EPA's transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118. See 40 CFR 93.109(e).
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
ADEM did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 2, 2024. 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 oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: January 29, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
[[Page 7291]]
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(e), amend the table by adding an entry for ``2006 24-
hour PM2.5 Second Maintenance Plan (Limited Maintenance
Plan) for the Birmingham Area'' 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 submittal
Name of nonregulatory SIP Applicable geographic date/ effective EPA approval date Explanation
provision or nonattainment area date
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* * * * * * *
2006 24-hour PM2.5 Second Birmingham PM2.5 2/2/2021 2/2/2024, [Insert ............
Maintenance Plan (Limited Maintenance Area. citation of
Maintenance Plan) for the publication].
Birmingham Area.
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[FR Doc. 2024-02078 Filed 2-1-24; 8:45 am]
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