Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 3637-3639 [2017-00159]
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3637
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil penalties, as enacted
U.S. Code citation
Environmental statute
42 U.S.C. 9609(b) ..........................................
42 U.S.C. 9609(c) ..........................................
42 U.S.C. 11045(a) ........................................
CERCLA .......................................................
CERCLA .......................................................
Emergency Planning and Community RightTo-Know Act (EPCRA).
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
Mercury-Containing and Rechargeable Battery Management Act (Battery Act).
Battery Act ....................................................
42
42
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
11045(b)(1)(A) ..............................
11045(b)(2) ...................................
11045(b)(3) ...................................
11045(c)(1) ...................................
11045(c)(2) ...................................
11045(d)(1) ...................................
14304(a)(1) ...................................
42 U.S.C. 14304(g) ........................................
Statutory civil penalties for violations
that occurred after
November 2, 2015
and assessed on or
after August 1, 2016
but before January
15, 2017
Statutory civil penalties for violations
that occurred after
November 2, 2015
and assessed on or
after January 15,
2017
$25,000/$75,000
$25,000/$75,000
$25,000
$53,907/$161,721
$53,907/$161,721
$53,907
$54,789/$164,367
$54,789/$164,367
$54,789
$25,000
$25,000/$75,000
$25,000/$75,000
$25,000
$10,000
$25,000
$10,000
$53,907
$53,907/$161,721
$53,907/$161,721
$53,907
$21,563
$53,907
$15,025
$54,789
$54,789/$164,367
$54,789/$164,367
$54,789
$21,916
$54,789
$15,271
$10,000
$15,025
$15,271
1 Note
that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum
civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516).
[FR Doc. 2017–00160 Filed 1–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0431; FRL–9957–93–
Region 4]
Approval and Promulgation of
Implementation Plans; Alabama;
Infrastructure Requirements or the
2010 Sulfur Dioxide National Ambient
Air Quality Standard
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, State
Implementation Plan (SIP) submission,
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM),
for inclusion into the Alabama SIP. This
final action pertains to the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur
dioxide (SO2) national ambient air
quality standard (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 submission.’’ ADEM
certified that the Alabama SIP contains
provisions that ensure the 2010 1-hour
SO2 NAAQS is implemented, enforced,
and maintained in Alabama. EPA has
determined that portions of Alabama’s
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SUMMARY:
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infrastructure SIP submission, provided
to EPA on April 23, 2013, satisfy certain
required infrastructure elements for the
2010 1-hour SO2 NAAQS.
DATES: This rule will be effective
February 13, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0431. 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:
Michele Notarianni, 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. Ms.
PO 00000
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Notarianni can be reached via electronic
mail at notarianni.michele@epa.gov or
via telephone at (404) 562–9031.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On June 2, 2010 (75 FR 35520, June
22, 2010), EPA revised the primary SO2
NAAQS to an hourly standard of 75
parts per billion (ppb) based on a 3-year
average of the annual 99th percentile of
1-hour daily maximum concentrations.
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting the applicable 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 1-hour
SO2 NAAQS to EPA no later than June
2, 2013.
EPA is taking final action to approve
Alabama’s April 23, 2013, submission
that addresses the infrastructure
requirements of CAA sections 110(a)(1)
and 110(a)(2) for the 2010 1-hour SO2
NAAQS, with the exception of interstate
transport provisions pertaining to
visibility protection requirements of
section 110(a)(2)(D)(i)(II) (prong 4) and
the state board requirements of section
110(a)(2)(E)(ii). With respect to the
visibility protection requirements of
section 110(a)(2)(D)(i)(II) (prong 4), EPA
is not finalizing any action at this time
regarding this requirement. With respect
to Alabama’s infrastructure SIP
submission related to section
110(a)(2)(E)(ii) requirements respecting
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the section 128 state board
requirements, EPA is finalizing a
disapproval of this element of
Alabama’s submission in this
rulemaking.
In a proposed rulemaking published
on July 14, 2016, EPA proposed to
approve in part and disapprove in part
Alabama’s 2010 1-hour SO2 NAAQS
infrastructure SIP submission submitted
on April 23, 2013. See 81 FR 45428. The
details of Alabama’s submission and the
rationale for EPA’s actions are explained
in the proposed rulemaking. Comments
on the proposed rulemaking were due
on or before August 15, 2016. EPA
received adverse comments on the
proposed action.
II. Response to Comments
EPA received two sets of comments,
one of which was incomplete and
therefore could not be addressed, on the
July 14, 2016, proposed rulemaking on
Alabama’s 2010 1-hour SO2 NAAQS
infrastructure SIP submission. A
summary of the complete comment and
EPA’s response is provided below. A
full set of these comments is provided
in the docket for today’s final
rulemaking action.
Comment: The Commenter stated that
EPA must disapprove element
110(a)(2)(C) unless Alabama’s SIP
provides that no new minor source or
minor modification of a major source
can cause or contribute to a violation of
any NAAQS.
Response: EPA agrees that section
110(a)(2)(C) and the minor new source
regulations at 40 CFR 51.160 through
51.164 require SIPs to includes
procedures to prevent the construction
of new minor sources and minor
modifications of major sources if the
new or modified source will interfere
with attainment or maintenance of a
NAAQS. EPA explained its approach to
reviewing the minor source element of
110(a)(2)(C) in its proposed rulemaking
for this action: ‘‘Thus, EPA evaluates
whether the state has an EPA-approved
minor NSR program and whether the
program addresses the pollutants
relevant to that NAAQS. In the context
of acting on an infrastructure SIP
submission, however, EPA does not
think it is necessary to conduct a review
of each and every provision of a state’s
existing minor source program (i.e.,
already in the existing SIP) for
compliance with the requirements of the
CAA and EPA’s regulations that pertain
to such programs.’’ See 81 FR 45431–
45432 (July 14, 2016). In its 2010 1-hour
SO2 NAAQS infrastructure SIP
submission, Alabama certified that its
SIP contains provisions to address the
110(a)(2)(C) requirements regarding new
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minor sources and modifications, and,
as noted in EPA’s proposed rulemaking,
the following SIP-approved rules
address the minor source element of
section 110(a)(2)(C): ADEM Admin.
Code r. 335–3–14-.01 General
Provisions, 335–3–14-.02 Permit
Procedure, and 335–3–14-.03—
Standards for Granting Permits. These
SIP-approved rules address NAAQS
pollutants including SO2. While the
Commenter did not specifically object to
any aspect of Alabama’s SIP submission
with respect section 110(a)(2)(C), EPA
notes that Alabama’s SIP addresses this
non-interference component for the
minor new source/minor modification
permitting element. Specifically
relevant to this comment, these SIPapproved rules include provisions to
prohibit the issuance of construction
permits if the source at issue would
result in a violation of any air quality
standard. See ADEM Admin. Code r.
335–3–14–.03(1)(g).
III. Final Action
With the exception of interstate
transport provisions pertaining to
visibility protection requirements of
section 110(a)(2)(D)(i)(II) (prong 4), and
the state board requirements of section
110(a)(2)(E)(ii), EPA is taking final
action to approve Alabama’s
infrastructure submission submitted on
April 23, 2013, for the 2010 1-hour SO2
NAAQS for the above described
infrastructure SIP requirements. EPA is
taking final action to approve Alabama’s
infrastructure SIP submission for the
2010 1-hour SO2 NAAQS because the
submission is consistent with section
110 of the CAA. EPA is finalizing
disapproval of section 110(a)(2)(E)(ii) of
Alabama’s infrastructure submission
because the State’s implementation plan
does not contain provisions to comply
with section 128 of the Act, and thus
Alabama’s April 23, 2013, infrastructure
SIP submission does not meet the
requirements of the Act.
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 disapproved
in today’s notice) were not submitted to
meet requirements for Part D or a SIP
call, and therefore, no sanctions will be
triggered. However, that 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 this
disapproval unless the State corrects the
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deficiency, and EPA approves the plan
or plan revision before EPA promulgates
such FIP.
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.
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
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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
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 March 13, 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.
3639
Dated: December 20, 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.
Subpart B—Alabama
2. Section 52.50(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour SO2 National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 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
SO2 NAAQS.
*
Alabama .................
State
submittal date/
effective date
*
4/23/2013
EPA approval date
*
*
*
*
1/12/2017, [Insert FedWith the exception of interstate transport requireeral Register page ciments of section 110(a)(2)(D)(i)(II) (prong 4),
tation].
and the state board requirements of section
110(a)(2)(E)(ii).
3. Section 52.53 is amended by adding
paragraph (d) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.53
40 CFR Part 52
■
Approval status.
*
*
*
*
(d) Disapproval. Submittal from the
State of Alabama, through the Alabama
Department of Environmental
Management (ADEM) on April 23, 2013,
to address the Clean Air Act section
110(a)(2)(E)(ii) for the 2010 1-hour
sulfur dioxide (SO2) 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 1hour SO2 NAAQS.
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*
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[EPA–R04–OAR–2015–0252; FRL–9957–90–
Region 4]
Air Plan Approval; TN Infrastructure
Requirements for the 2010 NO2 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
portions of the State Implementation
Plan (SIP) submission, submitted by the
State of Tennessee, through the
Tennessee Department of Environment
and Conservation (TDEC), on March 13,
2014, to demonstrate that the State
meets the infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2010 nitrogen dioxide (NO2) national
ambient air quality standard (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
SUMMARY:
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Explanation
Fmt 4700
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enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP submission. TDEC
certified that the Tennessee SIP contains
provisions that ensure the 2010 NO2
NAAQS is implemented, enforced, and
maintained in Tennessee. EPA has
determined that portions of Tennessee’s
infrastructure SIP submission, provided
to EPA on March 13, 2014, satisfies the
certain required infrastructure elements
for the 2010 NO2 NAAQS.
This rule will be effective
February 13, 2017.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0252. 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
ADDRESSES:
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]]>Agencies
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3637-3639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00159]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0431; FRL-9957-93-Region 4]
Approval and Promulgation of Implementation Plans; Alabama;
Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient
Air Quality Standard
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, State Implementation Plan (SIP) submission, submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), for inclusion into the Alabama SIP. This final
action pertains to the infrastructure requirements of the Clean Air Act
(CAA or Act) for the 2010 1-hour sulfur dioxide (SO2)
national ambient air quality standard (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 submission.'' ADEM certified
that the Alabama SIP contains provisions that ensure the 2010 1-hour
SO2 NAAQS is implemented, enforced, and maintained in
Alabama. EPA has determined that portions of Alabama's infrastructure
SIP submission, provided to EPA on April 23, 2013, satisfy certain
required infrastructure elements for the 2010 1-hour SO2
NAAQS.
DATES: This rule will be effective February 13, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0431. 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: Michele Notarianni, 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. Ms. Notarianni can be reached via electronic mail at
notarianni.michele@epa.gov or via telephone at (404) 562-9031.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the
primary SO2 NAAQS to an hourly standard of 75 parts per
billion (ppb) based on a 3-year average of the annual 99th percentile
of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1)
of the CAA, states are required to submit SIPs meeting the applicable
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 1-hour SO2 NAAQS to EPA no later than June 2,
2013.
EPA is taking final action to approve Alabama's April 23, 2013,
submission that addresses the infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the 2010 1-hour SO2
NAAQS, with the exception of interstate transport provisions pertaining
to visibility protection requirements of section 110(a)(2)(D)(i)(II)
(prong 4) and the state board requirements of section 110(a)(2)(E)(ii).
With respect to the visibility protection requirements of section
110(a)(2)(D)(i)(II) (prong 4), EPA is not finalizing any action at this
time regarding this requirement. With respect to Alabama's
infrastructure SIP submission related to section 110(a)(2)(E)(ii)
requirements respecting
[[Page 3638]]
the section 128 state board requirements, EPA is finalizing a
disapproval of this element of Alabama's submission in this rulemaking.
In a proposed rulemaking published on July 14, 2016, EPA proposed
to approve in part and disapprove in part Alabama's 2010 1-hour
SO2 NAAQS infrastructure SIP submission submitted on April
23, 2013. See 81 FR 45428. The details of Alabama's submission and the
rationale for EPA's actions are explained in the proposed rulemaking.
Comments on the proposed rulemaking were due on or before August 15,
2016. EPA received adverse comments on the proposed action.
II. Response to Comments
EPA received two sets of comments, one of which was incomplete and
therefore could not be addressed, on the July 14, 2016, proposed
rulemaking on Alabama's 2010 1-hour SO2 NAAQS infrastructure
SIP submission. A summary of the complete comment and EPA's response is
provided below. A full set of these comments is provided in the docket
for today's final rulemaking action.
Comment: The Commenter stated that EPA must disapprove element
110(a)(2)(C) unless Alabama's SIP provides that no new minor source or
minor modification of a major source can cause or contribute to a
violation of any NAAQS.
Response: EPA agrees that section 110(a)(2)(C) and the minor new
source regulations at 40 CFR 51.160 through 51.164 require SIPs to
includes procedures to prevent the construction of new minor sources
and minor modifications of major sources if the new or modified source
will interfere with attainment or maintenance of a NAAQS. EPA explained
its approach to reviewing the minor source element of 110(a)(2)(C) in
its proposed rulemaking for this action: ``Thus, EPA evaluates whether
the state has an EPA-approved minor NSR program and whether the program
addresses the pollutants relevant to that NAAQS. In the context of
acting on an infrastructure SIP submission, however, EPA does not think
it is necessary to conduct a review of each and every provision of a
state's existing minor source program (i.e., already in the existing
SIP) for compliance with the requirements of the CAA and EPA's
regulations that pertain to such programs.'' See 81 FR 45431-45432
(July 14, 2016). In its 2010 1-hour SO2 NAAQS infrastructure
SIP submission, Alabama certified that its SIP contains provisions to
address the 110(a)(2)(C) requirements regarding new minor sources and
modifications, and, as noted in EPA's proposed rulemaking, the
following SIP-approved rules address the minor source element of
section 110(a)(2)(C): ADEM Admin. Code r. 335-3-14-.01 General
Provisions, 335-3-14-.02 Permit Procedure, and 335-3-14-.03--Standards
for Granting Permits. These SIP-approved rules address NAAQS pollutants
including SO2. While the Commenter did not specifically
object to any aspect of Alabama's SIP submission with respect section
110(a)(2)(C), EPA notes that Alabama's SIP addresses this non-
interference component for the minor new source/minor modification
permitting element. Specifically relevant to this comment, these SIP-
approved rules include provisions to prohibit the issuance of
construction permits if the source at issue would result in a violation
of any air quality standard. See ADEM Admin. Code r. 335-3-
14-.03(1)(g).
III. Final Action
With the exception of interstate transport provisions pertaining to
visibility protection requirements of section 110(a)(2)(D)(i)(II)
(prong 4), and the state board requirements of section
110(a)(2)(E)(ii), EPA is taking final action to approve Alabama's
infrastructure submission submitted on April 23, 2013, for the 2010 1-
hour SO2 NAAQS for the above described infrastructure SIP
requirements. EPA is taking final action to approve Alabama's
infrastructure SIP submission for the 2010 1-hour SO2 NAAQS
because the submission is consistent with section 110 of the CAA. EPA
is finalizing disapproval of section 110(a)(2)(E)(ii) of Alabama's
infrastructure submission because the State's implementation plan does
not contain provisions to comply with section 128 of the Act, and thus
Alabama's April 23, 2013, infrastructure SIP submission does not meet
the requirements of the Act.
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 disapproved in
today's notice) were not submitted to meet requirements for Part D or a
SIP call, and therefore, no sanctions will be triggered. However, that
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 this disapproval unless the State corrects the
deficiency, and EPA approves the plan or plan revision before EPA
promulgates such FIP.
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. 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
[[Page 3639]]
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 March 13, 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: December 20, 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.
Subpart B--Alabama
0
2. Section 52.50(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour SO2
National Ambient Air Quality Standard'' 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.................. 4/23/2013 1/12/2017, With the exception
Infrastructure Requirements [Insert Federal of interstate
for the 2010 1-hour SO2 Register page transport
NAAQS. citation]. requirements of
section
110(a)(2)(D)(i)(II)
(prong 4), and the
state board
requirements of
section
110(a)(2)(E)(ii).
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.53 is amended by adding paragraph (d) to read as follows:
Sec. 52.53 Approval status.
* * * * *
(d) Disapproval. Submittal from the State of Alabama, through the
Alabama Department of Environmental Management (ADEM) on April 23,
2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the
2010 1-hour sulfur dioxide (SO2) 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 1-hour SO2 NAAQS.
[FR Doc. 2017-00159 Filed 1-11-17; 8:45 am]
BILLING CODE 6560-50-P
