Air Plan Approval/Disapproval; AL Infrastructure Requirements for the 2010 1-Hour NO2, 83142-83144 [2016-27862]
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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]
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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:
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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
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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.
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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
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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.
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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.
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AGENCY:
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*
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 https://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
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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 https://
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.
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]]>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).
----------------------------------------------------------------------------------------------------------------
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
