Approval and Promulgation of Implementation Plans; Alabama 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 59755-59758 [2012-23989]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
7, 1979. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(51) On October 1, 1982, and February
28, 1983 the State of Ohio submitted
revisions to Ohio Administrative Code
(OAC) Rules 3745–35–03 which set
forth requirements for obtaining
variances. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(98) * * *
(i) Incorporation by reference. Rule
3745–35–07, adopted November 3,
1994, effective November 18, 1994.
Rescinded in 2008; see paragraph
(c)(156) of this section.
*
*
*
*
*
(119) * * *
(i) * * *
(A) Ohio Administrative Code 3745–
35–02, adopted April 4, 1994, effective
April 20, 1994. Rescinded in 2008; see
paragraph (c)(156) of this section.
*
*
*
*
*
(156) On April 24, 2006, Ohio EPA
submitted two permanent exemptions
from the Permit to Install program and
six Permit-by-Rule provisions for
approval into its SIP. On July 18, 2008,
Ohio EPA submitted provisions for a
Permit to Install and Operate (PTIO)
program and a general permit program
for approval into its SIP. The changes to
Ohio’s SIP involve the modification of
various parts of OAC 3745–31, the
removal of OAC 3745–35, and the
addition of OAC 3745–31–29 to enable
the issuance of federally enforceable
general PTIs and general PTIOs. On June
30, 2008, the state regulations to
implement the PTIO program became
effective and OAC 3745–35 was
rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio
Administrative Code Rule 3745–15–03,
‘‘Submission of emission information.’’,
effective June 30, 2008.
(B) Ohio Administrative Code Rule
3745–31–01, ‘‘Definitions.’’, effective
December 14, 2007, except for
paragraphs (I), (LLL)(2)(a)(xxi),
(LLL)(4)(t), and (QQQ)(1)(b).
(C) Ohio Administrative Code Rule
3745–31–02, ‘‘Applicability,
requirements, and obligations.’’,
effective June 30, 2008.
(D) Ohio Administrative Code Rule
3745–31–03, ‘‘Exemptions.’’, effective
June 30, 2008.
(E) Ohio Administrative Code Rule
3745–31–04, ‘‘Applications.’’, effective
June 30, 2008.
(F) Ohio Administrative Code Rule
3745–31–05, ‘‘Criteria for decision by
the director.’’, effective June 30, 2008,
except for paragraph (A)(3)(a)(ii).
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
(G) Ohio Administrative Code Rule
3745–31–06, ‘‘Completeness
determinations, processing
requirements, public participation,
public notice, and issuance.’’, effective
June 30, 2008.
(H) Ohio Administrative Code Rule
3745–31–07, ‘‘Termination, revocation,
expiration, renewal, revision and
transfer.’’, effective June 30, 2008.
(I) Ohio Administrative Code Rule
3745–31–08, ‘‘Registration status
permit-to-operate.’’, effective June 30,
2008.
(J) Ohio Administrative Code Rule
3745–31–09, ‘‘Variances on operation.’’,
effective June 30, 2008.
(K) Ohio Administrative Code Rule
3745–31–10, ‘‘NSR projects at existing
emissions units at a major stationary
source.’’, effective June 30, 2008.
(L) Ohio Administrative Code Rule
3745–31–20, ‘‘Attainment provisions—
innovative control technology.’’,
effective June 30, 2008.
(M) Ohio Administrative Code Rule
3745–31–22, ‘‘Nonattainment
provisions—conditions for approval.’’,
effective June 30, 2008.
(N) Ohio Administrative Code Rule
3745–31–29, ‘‘General permit-to-install
and general PTIO.’’, effective June 30,
2008.
(O) Ohio Administrative Code Rule
3745–31–32, ‘‘Plantwide applicability
limit (PAL).’’, effective June 30, 2008.
(P) Ohio Administrative Code Rule
3745–31–33, ‘‘Site preparation activities
prior to obtaining a final permit-toinstall or PTIO.’’, effective June 30,
2008.
(Q) June 2, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio EPA.
[FR Doc. 2012–23987 Filed 9–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0343; FRL–9734–5]
Approval and Promulgation of
Implementation Plans; Alabama
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the State Implementation Plan
(SIP) submission, submitted by the State
of Alabama, through the Alabama
SUMMARY:
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
59755
Department of Environmental
Management (ADEM), as demonstrating
that the State meets certain state
implementation plan (SIP) requirements
of sections 110(a)(1) and (2) of the Clean
Air Act (CAA or the Act) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
Section 110(a) of 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. Alabama certified
that the Alabama SIP contains
provisions that ensure the 1997 annual
and 2006 24-hour PM2 NAAQS are
implemented, enforced, and maintained
in Alabama (hereafter referred to as
‘‘infrastructure submission’’). Alabama’s
infrastructure submissions, provided to
EPA on July 25, 2008, and September
23, 2009, addressed all the required
infrastructure elements for the 1997
annual and 2006 24-hour PM2.5 NAAQS
with the exception of sections
110(a)(2)(D)(i) and (E)(ii), which will be
addressed in separate actions.
DATES: This rule is effective October 31,
2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0343. 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 Regulatory Development Section,
Air Planning 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 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
E:\FR\FM\01OCR1.SGM
01OCR1
59756
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
mstockstill on DSK4VPTVN1PROD with RULES
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On June 11, 2012, EPA
proposed to approve Alabama’s July 25,
2008, and September 23, 2009,
infrastructure submissions for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
See 77 FR 34288. A summary of the
background for today’s final action is
provided below. See EPA’s June 11,
2012, proposed rulemaking at 77 FR
34288 for more detail.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. The data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 annual and 2006
24-hour PM2.5 NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
earlier SIP submissions in connection
with previous PM NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
already mentioned, these requirements
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. The requirements that are
the subject of this final rulemaking are
listed below 1 and in EPA’s October 2,
2007, memorandum entitled ‘‘Guidance
on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8Hour Ozone and PM2.5 National
Ambient Air Quality Standards.’’ and
September 25, 2009, memorandum
entitled ‘‘Guidance on SIP Elements
Required Under Section 110(a)(1) and
(2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality
Standards.’’
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.2
• 110(a)(2)(D): Interstate transport.3
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.4
• 110(a)(2)(J): Consultation with
government officials; public
notification; and PSD and visibility
protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time
the nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (1)
submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as
required in part D Title I of the CAA, and (2)
submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements
of part D, Title I of the CAA. Today’s final
rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or the
nonattainment plan requirements of section
110(a)(2)(C).
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 Today’s final rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997
and 2006 PM2.5 NAAQS.
4 This requirement was inadvertently omitted
from EPA’s October 2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality
Standards,’’ but as mentioned above is not relevant
to today’s final rulemaking.
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
II. This Action
EPA is taking final action to approve
Alabama’s infrastructure submissions as
demonstrating that the State meets
certain applicable requirements of
sections 110(a)(1) and (2) of the CAA for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA notes that sections
110(a)(2)(D)(i) and (E)(ii) are not
addressed by today’s action. Section
110(a) of 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 1997 annual
and 2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained
in Alabama.
EPA received no adverse comments
on its June 11, 2012, proposed approval
of Alabama’s July 25, 2008, and
September 23, 2009, infrastructure
submissions. Additionally, on
September 10, 2012, EPA signed a final
rulemaking action approving revisions
to Alabama’s New Source Review (NSR)
requirements. EPA is not taking action
today on Alabama’s NSR program, as
these requirements are already approved
in Alabama’s SIP.
Alabama’s infrastructure submissions,
provided to EPA on July 25, 2008, and
September 23, 2009, address all the
required infrastructure elements for the
1997 annual and 2006 24-hour PM2.5
NAAQS with the exception of sections
110(a)(2)(D)(i) and (E)(ii) which will be
addressed in a separate action. EPA has
determined that Alabama’s July 25,
2008, and September 23, 2009,
submissions are consistent with the
requirements of CAA section 110 being
acted upon today.
III. Final Action
As already described, ADEM has
addressed certain elements of the CAA
110(a)(1) and (2) SIP requirements
pursuant to EPA’s October 2, 2007,
guidance to ensure that 1997 annual and
2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained
in Alabama. EPA is taking final action
to approve Alabama’s July 25, 2008, and
September 23, 2009, submissions for
1997 annual and 2006 24-hour PM2.5
NAAQS (with the exception of sections
110(a)(2)(D)(i) and (E)(ii)) because these
submissions are consistent with section
110 of the CAA. Today’s action is not
approving any specific rule, but rather
making a determination that Alabama’s
already approved SIP meets certain
CAA requirements.
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
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.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian
country, and EPA notes that it will not
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 30, 2012. Filing a
petition for reconsideration by the
59757
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, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 14, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(e) is amended by
adding two new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 1997 Fine Particulate Matter
National Ambient Air Quality
Standards’’ and ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2006
Fine Particulate Matter National
Ambient Air Quality Standards’’ at the
end of the table to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable geographic
or nonattainment area
State submittal
date/effective
date
*
*
*
*
110(a)(1) and (2) Infrastructure Requirements for Alabama ....................
1997 Fine Particulate Matter National Ambient
Air Quality Standards.
7/25/2008
Name of nonregulatory SIP provision
mstockstill on DSK4VPTVN1PROD with RULES
110(a)(1) and (2) Infrastructure Requirements for
2006 Fine Particulate Matter National Ambient
Air Quality Standards.
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
PO 00000
Alabama ....................
Frm 00049
Fmt 4700
9/23/2009
Sfmt 9990
EPA approval date
*
*
10/1/12 ..........................
[Insert citation of publication].
10/1/12 ..........................
[Insert citation of publication].
E:\FR\FM\01OCR1.SGM
01OCR1
Explanation
*
With the exception of
sections
110(a)(2)(D)(i) and
110(a)(2)(E)(ii).
With the exception of
sections
110(a)(2)(D)(i) and
110(a)(2)(E)(ii).
59758
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
[FR Doc. 2012–23989 Filed 9–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R10–RCRA–2011–0973; FRL–9707–1]
Idaho: Incorporation by Reference of
Approved State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Resource Conservation
and Recovery Act, as amended, (RCRA),
allows the Environmental Protection
Agency (EPA) to authorize State
hazardous waste management programs
if the EPA finds that such programs are
equivalent to and consistent with the
Federal RCRA program and if such
programs provide adequate enforcement
of compliance. The regulations are used
by the EPA to codify its decision to
authorize individual State programs and
incorporate by reference those
provisions of the State statutes and
regulations that are subject to the EPA’s
RCRA inspection and enforcement
authorities as authorized provisions of
the State’s program. This direct final
rule revises the codification of the
authorized Idaho hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s rules and regulations.
DATES: This rule is effective November
30, 2012, unless the EPA receives
adverse comment on this regulation by
the close of business October 31, 2012.
If the EPA receives such comments, the
EPA will publish a timely withdrawal of
this direct final rule in the Federal
Register informing the public that the
rule will not take effect and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to codify Idaho’s authorized
hazardous waste management program.
The Director of the Federal Register
approves this incorporation by reference
as of November 30, 2012 in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
RCRA–2011–0973 by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: kocourek.nina@epa.gov.
• Mail: Nina Kocourek, U.S. EPA,
Region 10, 1200 Sixth Avenue, Suite
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
900, Mail Stop AWT–122, Seattle, WA
98101.
• Hand Delivery: Nina Kocourek, U.S.
EPA, Region 10, 1200 Sixth Avenue,
Suite 900, Mail Stop AWT–122, Seattle,
WA 98101. Such deliveries are only
accepted during the normal business
hours of operation; special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–RCRA–2011–
0973.
The EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. For additional
information about the EPA’s public
docket visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the EPA Region 10 Library, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
The EPA Region 10 Library is open from
9:00 a.m. to noon, and 1:00 to 4:00 p.m.
Monday through Friday, excluding legal
holidays. The EPA Region 10 Library
telephone number is (206) 553–1289.
FOR FURTHER INFORMATION CONTACT:
Nina Kocourek, U.S. EPA, Region 10,
1200 Sixth Avenue, Suite 900, Mail
Stop AWT–122, Seattle, WA 98101,
email: kocourek.nina@epa.gov, phone
number (206) 553–6502.
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
A. What is codification?
Codification is the process of
including the rules and regulations that
comprise the State’s authorized
hazardous waste management program
in the Code of Federal Regulations
(CFR). Section 3006(b) of RCRA, 42
U.S.C. 6926(b), allows the
Environmental Protection Agency to
authorize State hazardous waste
management programs. The State
regulations authorized by the EPA
supplant the federal regulations
concerning the same matter with the
result that after authorization the EPA
enforces the authorized regulations.
Infrequently, State statutory language
which acts to regulate a matter is also
authorized by the EPA with the
consequence that the EPA enforces the
authorized statutory provision. The EPA
does not authorize State enforcement
authorities and does not authorize State
procedural requirements. EPA codifies
the authorized State program in 40 CFR
part 272 and incorporates by reference
State statutes and regulations that make
up the approved program which is
Federally enforceable. The EPA retains
independent enforcement authority
pursuant to sections 3007, 3008, 3013
and 7003 of RCRA, 42 U.S.C. 6927,
6928, 6934 and 6973 and any other
applicable statutory and regulatory
provisions.
This action codifies the EPA’s
authorization of revisions to Idaho’s
hazardous waste management program.
This direct final action codifies the State
program in effect at the time the EPA
authorized revisions to the Idaho
hazardous waste management program
in a final rule effective July 11, 2012 (77
FR 34229, June 11, 2012). Notice and an
opportunity for comment regarding
those revisions to the authorized State
program were provided to the public at
the time those revisions were proposed.
The EPA is not reopening its decision to
authorize changes to the State’s program
nor is the EPA requesting comment on
those revisions.
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59755-59758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23989]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0343; FRL-9734-5]
Approval and Promulgation of Implementation Plans; Alabama
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve the State Implementation
Plan (SIP) submission, submitted by the State of Alabama, through the
Alabama Department of Environmental Management (ADEM), as demonstrating
that the State meets certain state implementation plan (SIP)
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or
the Act) for the 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS).
Section 110(a) of 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. Alabama certified that the Alabama SIP contains
provisions that ensure the 1997 annual and 2006 24-hour PM2
NAAQS are implemented, enforced, and maintained in Alabama (hereafter
referred to as ``infrastructure submission''). Alabama's infrastructure
submissions, provided to EPA on July 25, 2008, and September 23, 2009,
addressed all the required infrastructure elements for the 1997 annual
and 2006 24-hour PM2.5 NAAQS with the exception of sections
110(a)(2)(D)(i) and (E)(ii), which will be addressed in separate
actions.
DATES: This rule is effective October 31, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0343. 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 Regulatory Development Section, Air Planning 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 to 4:30 excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street
[[Page 59756]]
SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-
9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
June 11, 2012, EPA proposed to approve Alabama's July 25, 2008, and
September 23, 2009, infrastructure submissions for the 1997 annual and
2006 24-hour PM2.5 NAAQS. See 77 FR 34288. A summary of the
background for today's final action is provided below. See EPA's June
11, 2012, proposed rulemaking at 77 FR 34288 for more detail.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards.'' and
September 25, 2009, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards.''
---------------------------------------------------------------------------
\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather are due at the time the nonattainment
area plan requirements are due pursuant to section 172. These
requirements are: (1) submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's final rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or the nonattainment plan requirements of section
110(a)(2)(C).
---------------------------------------------------------------------------
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control
measures.\2\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate transport.\3\
---------------------------------------------------------------------------
\3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 and 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
---------------------------------------------------------------------------
\4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's final rulemaking.
---------------------------------------------------------------------------
110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
II. This Action
EPA is taking final action to approve Alabama's infrastructure
submissions as demonstrating that the State meets certain applicable
requirements of sections 110(a)(1) and (2) of the CAA for the 1997
annual and 2006 24-hour PM2.5 NAAQS. EPA notes that sections
110(a)(2)(D)(i) and (E)(ii) are not addressed by today's action.
Section 110(a) of 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 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in
Alabama.
EPA received no adverse comments on its June 11, 2012, proposed
approval of Alabama's July 25, 2008, and September 23, 2009,
infrastructure submissions. Additionally, on September 10, 2012, EPA
signed a final rulemaking action approving revisions to Alabama's New
Source Review (NSR) requirements. EPA is not taking action today on
Alabama's NSR program, as these requirements are already approved in
Alabama's SIP.
Alabama's infrastructure submissions, provided to EPA on July 25,
2008, and September 23, 2009, address all the required infrastructure
elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS
with the exception of sections 110(a)(2)(D)(i) and (E)(ii) which will
be addressed in a separate action. EPA has determined that Alabama's
July 25, 2008, and September 23, 2009, submissions are consistent with
the requirements of CAA section 110 being acted upon today.
III. Final Action
As already described, ADEM has addressed certain elements of the
CAA 110(a)(1) and (2) SIP requirements pursuant to EPA's October 2,
2007, guidance to ensure that 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in
Alabama. EPA is taking final action to approve Alabama's July 25, 2008,
and September 23, 2009, submissions for 1997 annual and 2006 24-hour
PM2.5 NAAQS (with the exception of sections 110(a)(2)(D)(i)
and (E)(ii)) because these submissions are consistent with section 110
of the CAA. Today's action is not approving any specific rule, but
rather making a determination that Alabama's already approved SIP meets
certain CAA requirements.
[[Page 59757]]
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. 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and EPA notes that it
will not 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 30, 2012. 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, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: September 14, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 two new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
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..................... 7/25/2008 10/1/12......... With the
Infrastructure Requirements [Insert citation exception of
for 1997 Fine Particulate of publication]. sections
Matter National Ambient Air 110(a)(2)(D)(i)
Quality Standards. and
110(a)(2)(E)(ii
).
110(a)(1) and (2) Alabama..................... 9/23/2009 10/1/12......... With the
Infrastructure Requirements [Insert citation exception of
for 2006 Fine Particulate of publication]. sections
Matter National Ambient Air 110(a)(2)(D)(i)
Quality Standards. and
110(a)(2)(E)(ii
).
----------------------------------------------------------------------------------------------------------------
[[Page 59758]]
[FR Doc. 2012-23989 Filed 9-28-12; 8:45 am]
BILLING CODE 6560-50-P
