Air Plan Approval/Disapproval; AL Infrastructure Requirements for the 2010 1-Hour NO2, 83142-83144 [2016-27862]

Download as PDF 83142 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations § 388.2 Definition of coin-operated phonorecord player. ENVIRONMENTAL PROTECTION AGENCY As used in this part, the term coinoperated phonorecord player is a machine or device that: (a) Is employed solely for the performance of nondramatic musical works by means of phonorecords upon being activated by insertion of coins, currency, tokens, or other monetary units or their equivalent; (b) Is located in an establishment making no direct or indirect charge for admission; (c) Is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and (d) Affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located. § 388.3 Compulsory license fees for coinoperated phonorecord players. asabaliauskas on DSK3SPTVN1PROD with RULES (a) Commencing January 1, 1982, the annual compulsory license fee for a coin-operated phonorecord player shall be $25. (b) Commencing January 1, 1984, the annual compulsory license fee for a coin-operated phonorecord player shall be $50. (c) Commencing January 1, 1987, the annual compulsory license fee for a coin-operated phonorecord player shall be $63. (d) If performances are made available on a particular coin-operated phonorecord player for the first time after July 1 of any year, the compulsory license fee for the remainder of that year shall be one half of the annual rate of paragraph (a), (b), or (c) of this section, whichever is applicable. (e) Commencing January 1, 1990, the annual compulsory license fee for a coin-operated phonorecord player is suspended through December 31, 1999, or until such earlier or later time as the March 1990 license agreement between AMOA and ASCAP/BMI/SESAC is terminated. Dated: November 1, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2016–27885 Filed 11–18–16; 8:45 am] BILLING CODE 1410–72–P VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 40 CFR Part 52 [EPA–R04–OAR–2014–0756; FRL–9955–29– Region 4] Air Plan Approval/Disapproval; AL Infrastructure Requirements for the 2010 1-Hour NO2 NAAQS Environmental Protection Agency (EPA). ACTION: Final rule AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve in part, and disapprove in part, portions of the April 23, 2013, and December 9, 2015, of the State Implementation Plan (SIP) submissions, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), to demonstrate that the State meets certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1hour nitrogen dioxide (NO2) national ambient air quality standards (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. ADEM certified that the Alabama SIP contains provisions that ensure the 2010 1-hour NO2 NAAQS is implemented, enforced, and maintained in Alabama. With the exception of the provisions pertaining to prevention of significant deterioration (PSD) permitting, and visibility in other states, for which EPA is proposing no action through this notice, and the provisions respecting state boards, for which EPA is finalizing disapproval, EPA has determined portions of Alabama’s infrastructure SIP submissions, provided to EPA on April 23, 2013, and updated on December 9, 2015, satisfy certain required infrastructure elements for the 2010 1hour NO2 NAAQS. DATES: This rule will be effective December 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2014–0756. 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 SUMMARY: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–8726. Mr. Richard Wong can also be reached via electronic mail at wong.richard@epa.gov. SUPPLEMENTARY INFORMATION: I. Background and Overview On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion (ppb), based on a 3-year average of the 98th percentile of the yearly distribution of 1hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the 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 NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on July 20, 2016 (81 FR 47124), EPA proposed to approve Alabama’s 2010 1hour NO2 NAAQS infrastructure SIP submissions submitted on April 23, 2013, and December 9, 2015, with the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), and the state board requirements of section E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES 110(a)(2)(E)(ii). On March 18, 2015, EPA approved Alabama’s April 23, 2013, infrastructure SIP submission regarding the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i) and (J) for the 2010 1hour NO2 NAAQS. See 80 FR 14019.1 Therefore, EPA is not taking any action today pertaining to sections 110(a)(2)(C), prong 3 of D(i) and (J). With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1, 2 and 4), Alabama provided a separate submissions. EPA is considering action on Alabama’s submission related to 110(a)(2)(D)(i)(I) (prongs 1, 2 and 4) through a separate actions. Additionally, with respect to Alabama’s infrastructure SIP submissions related to section 110(a)(2)(E)(ii) requirements respecting the section 128 state board requirements, EPA is disapproving this element of Alabama’s submissions in this rulemaking. The details of Alabama’s submission and the rationale for EPA’s actions for this final rulemaking are explained in the July 20, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before August 19, 2016. EPA received no adverse comments on the proposed action. II. Final Action EPA is taking final action to approve Alabama’s infrastructure SIP submissions for the 2010 1-hour NO2 NAAQS, with the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). With regard to the state board majority requirements of section 110(a)(2)(E)(ii), EPA is finalizing a disapproval of Alabama’ April 23, 2013, and December 9, 2015, infrastructure submissions. 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 being disapproved in this notice) were not submitted to meet requirements for Part D or a SIP call, and therefore, no sanctions will be triggered. However, this final action will trigger the requirement under section 110(c) that EPA promulgate a Federal 1 ADEM clarified that its December 9, 2015, submission was not intended to address the PSD requirements that were approved by EPA on March 18, 2015. See www.regulations.gov using Docket ID No. EPA–R04–OAR–2014–0756. VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 Implementation Plan (FIP) no later than two years from the date of the disapproval unless the State corrects the deficiency, and EPA approves the plan or plan revision before EPA promulgates such FIP. 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). The SIP is not approved to apply on any Indian reservation land or in any PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 83143 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 January 20, 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: November 4, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\21NOR1.SGM 21NOR1 83144 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations Infrastructure Requirements for the 2010 1-hour NO2 NAAQS’’ at the end of the table to read as follows: Subpart B—Alabama 2. Section 52.50(e), is amended by adding an entry for ‘‘110(a)(1) and (2) ■ § 52.50 * Identification of plan. * * (e) * * * * * EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS Name of nonregulatory SIP provision Applicable geographic or nonattainment area * 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS. * Alabama ........ State submittal date/effective date * 4/23/2013 3. Section 52.53 is amended by adding paragraph (c) to read as follows: ■ § 52.53 Approval status. * * * * * (c) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on April 23, 2013, and December 9, 2015, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 2010 1-hour nitrogen dioxide (NO2) 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 Nitrogen Dioxide National Ambient Air Quality Standards. [FR Doc. 2016–27862 Filed 11–18–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0846; FRL–9955–17Region 9] Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze Federal Implementation Plan; Reconsideration Environmental Protection Agency (EPA). ACTION: Final rule. asabaliauskas on DSK3SPTVN1PROD with RULES AGENCY: VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 * 11/21/2016 [Insert citation of publication]. Explanation * * * With the exception of sections: 110(a)(2)(C) and (J) concerning PSD permitting requirements; 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements and the state boards of section 110(a)(2)(E)(ii). (CAA). We are finalizing without change our proposal to replace the control technology demonstration requirements for nitrogen oxides (NOX) applicable to Kiln 4 at the Clarkdale Plant and Kiln 4 at the Rillito Plant with a series of revised recordkeeping and reporting requirements. When EPA finalized the 2014 FIP, we had limited operating data for the use of Selective Non-Catalytic Reduction (SNCR) on cement plants. Therefore, we required that PCC and CPC perform control technology demonstration projects to support the control efficiencies for SNCR in the 2014 FIP, as well as to determine if more stringent control efficiencies were achievable. In early 2015, a control technology demonstration project was performed on the SNCR installed at another CalPortland Cement facility, the Mojave Plant. Our analysis of the SNCR control efficiency data from that project indicated that more stringent SNCR control efficiencies were not achievable at PCC and CPC. As a result, the additional information from the control technology demonstration projects required by the 2014 FIP is no longer needed because the PCC and CPC SNCR control efficiencies in the 2014 FIP are consistent with the SNCR performance at the Mojave Plant. In addition, the EPA is making a minor technical correction to change an equation to match the language in the regulatory text. This rule will be effective December 21, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2015–0846. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose DATES: The Environmental Protection Agency (EPA) is revising portions of the Arizona Regional Haze Federal Implementation Plan (2014 FIP) applicable to the Phoenix Cement Company (PCC) Clarkdale Plant and the CalPortland Cement (CPC) Rillito Plant. This 2014 FIP was adopted earlier under the provisions of the Clean Air Act SUMMARY: EPA approval date PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 electronically through http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Colleen McKaughan, U.S. EPA, Region 9, Air Division, Air-1, 75 Hawthorne Street, San Francisco, CA 94105; telephone number: (520) 498–0118; email address: mckaughan.colleen@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Definitions II. Background III. Proposed Action IV. Public Comments and EPA Responses V. Final Action VI. Environmental Justice Considerations VII. Statutory and Executive Order Reviews I. Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: • The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise. • The initials ADEQ mean or refer to the Arizona Department of Environmental Quality. • The words Arizona and State mean the State of Arizona. • The initials BART mean or refer to Best Available Retrofit Technology. • The term Class I area refers to a mandatory Class I Federal area. • The initials CBI mean or refer to Confidential Business Information. • The initials CPC mean or refer to CalPortland Cement. E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83142-83144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0756; FRL-9955-29-Region 4]


Air Plan Approval/Disapproval; AL Infrastructure Requirements for 
the 2010 1-Hour NO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve in part, and disapprove in part, portions of the 
April 23, 2013, and December 9, 2015, of the State Implementation Plan 
(SIP) submissions, submitted by the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM), to demonstrate 
that the State meets certain infrastructure requirements of the Clean 
Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide 
(NO2) national ambient air quality standards (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. 
ADEM certified that the Alabama SIP contains provisions that ensure the 
2010 1-hour NO2 NAAQS is implemented, enforced, and 
maintained in Alabama. With the exception of the provisions pertaining 
to prevention of significant deterioration (PSD) permitting, and 
visibility in other states, for which EPA is proposing no action 
through this notice, and the provisions respecting state boards, for 
which EPA is finalizing disapproval, EPA has determined portions of 
Alabama's infrastructure SIP submissions, provided to EPA on April 23, 
2013, and updated on December 9, 2015, satisfy certain required 
infrastructure elements for the 2010 1-hour NO2 NAAQS.

DATES: This rule will be effective December 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0756. 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: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-8726. Mr. Richard Wong can also be 
reached via electronic mail at wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated 
a new 1-hour primary NAAQS for NO2 at a level of 100 parts 
per billion (ppb), based on a 3-year average of the 98th percentile of 
the yearly distribution of 1-hour daily maximum concentrations. 
Pursuant to section 110(a)(1) of the CAA, states are required to submit 
SIPs meeting the 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 NO2 NAAQS to EPA no later than 
January 22, 2013.
    In a proposed rulemaking published on July 20, 2016 (81 FR 47124), 
EPA proposed to approve Alabama's 2010 1-hour NO2 NAAQS 
infrastructure SIP submissions submitted on April 23, 2013, and 
December 9, 2015, with the exception of the PSD permitting requirements 
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) 
and the interstate transport requirements of section 110(a)(2)(D)(i)(I) 
and (II) (prongs 1, 2, and 4), and the state board requirements of 
section

[[Page 83143]]

110(a)(2)(E)(ii). On March 18, 2015, EPA approved Alabama's April 23, 
2013, infrastructure SIP submission regarding the PSD permitting 
requirements for major sources of sections 110(a)(2)(C), prong 3 of 
D(i) and (J) for the 2010 1-hour NO2 NAAQS. See 80 FR 
14019.\1\ Therefore, EPA is not taking any action today pertaining to 
sections 110(a)(2)(C), prong 3 of D(i) and (J). With respect to the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 
1, 2 and 4), Alabama provided a separate submissions. EPA is 
considering action on Alabama's submission related to 
110(a)(2)(D)(i)(I) (prongs 1, 2 and 4) through a separate actions. 
Additionally, with respect to Alabama's infrastructure SIP submissions 
related to section 110(a)(2)(E)(ii) requirements respecting the section 
128 state board requirements, EPA is disapproving this element of 
Alabama's submissions in this rulemaking. The details of Alabama's 
submission and the rationale for EPA's actions for this final 
rulemaking are explained in the July 20, 2016, proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 19, 
2016. EPA received no adverse comments on the proposed action.
---------------------------------------------------------------------------

    \1\ ADEM clarified that its December 9, 2015, submission was not 
intended to address the PSD requirements that were approved by EPA 
on March 18, 2015. See www.regulations.gov using Docket ID No. EPA-
R04-OAR-2014-0756.
---------------------------------------------------------------------------

II. Final Action

    EPA is taking final action to approve Alabama's infrastructure SIP 
submissions for the 2010 1-hour NO2 NAAQS, with the 
exception of the PSD permitting requirements for major sources of 
sections 110(a)(2)(C), prong 3 of D(i), and (J) and the interstate 
transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 
1, 2, and 4). With regard to the state board majority requirements of 
section 110(a)(2)(E)(ii), EPA is finalizing a disapproval of Alabama' 
April 23, 2013, and December 9, 2015, infrastructure submissions. 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 being disapproved in this 
notice) were not submitted to meet requirements for Part D or a SIP 
call, and therefore, no sanctions will be triggered. However, this 
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 the disapproval unless the State corrects the 
deficiency, and EPA approves the plan or plan revision before EPA 
promulgates such FIP.

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).
    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 January 20, 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: November 4, 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.

[[Page 83144]]

Subpart B--Alabama

0
2. Section 52.50(e), is amended by adding an entry for ``110(a)(1) and 
(2) Infrastructure Requirements for the 2010 1-hour NO2 
NAAQS'' at the end of the table to read as follows:


Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable       State submittal
  Name of  nonregulatory  SIP      geographic or       date/effective   EPA approval date       Explanation
           provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)               Alabama............          4/23/2013  11/21/2016         With the exception of
 Infrastructure Requirements                                             [Insert citation   sections:
 for the 2010 1-hour NO2 NAAQS.                                          of publication].   110(a)(2)(C) and (J)
                                                                                            concerning PSD
                                                                                            permitting
                                                                                            requirements;
                                                                                            110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1
                                                                                            through 4)
                                                                                            concerning
                                                                                            interstate transport
                                                                                            requirements and the
                                                                                            state boards of
                                                                                            section
                                                                                            110(a)(2)(E)(ii).
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0
3. Section 52.53 is amended by adding paragraph (c) to read as follows:


Sec.  52.53   Approval status.

* * * * *
    (c) Disapproval. Submittal from the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM) on April 23, 
2013, and December 9, 2015, to address the Clean Air Act section 
110(a)(2)(E)(ii) for the 2010 1-hour nitrogen dioxide (NO2) 
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 Nitrogen Dioxide 
National Ambient Air Quality Standards.
[FR Doc. 2016-27862 Filed 11-18-16; 8:45 am]
 BILLING CODE 6560-50-P