Air Plan Disapproval; AL; Prong 4 Visibility for the 2008 8-Hour Ozone Standard, 9512-9515 [2017-02303]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0689; FRL–9958–42–
Region 4]
Air Plan Disapproval; AL; Prong 4
Visibility for the 2008 8-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is disapproving the
visibility transport (prong 4) portion of
a revision to the Alabama State
Implementation Plan (SIP), submitted
by the Alabama Department of
Environmental Management (ADEM),
addressing the Clean Air Act (CAA or
Act) infrastructure SIP requirements for
the 2008 8-hour ozone 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, commonly
referred to as an ‘‘infrastructure SIP.’’
Here, EPA is specifically disapproving
the prong 4 portion of Alabama’s August
20, 2012, 2008 8-hour ozone
infrastructure SIP submission. All other
applicable infrastructure requirements
for this SIP submission have been
addressed in separate rulemakings.
DATES: This rule will be effective March
9, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0689. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, 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
SUMMARY:
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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:
Sean Lakeman of 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. Mr.
Lakeman can be reached by telephone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, states must submit SIPs
meeting the requirements of sections
110(a)(1) and (2) of the CAA within
three years after promulgation of a new
or revised NAAQS to provide for the
implementation, maintenance, and
enforcement of that NAAQS. EPA has
historically referred to these SIP
submissions made for the purpose of
satisfying the requirements of sections
110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
for monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the newly established or
revised NAAQS. More specifically,
section 110(a)(1) provides the
procedural and timing requirements for
infrastructure SIPs, and section
110(a)(2) lists specific elements that
states must meet for the infrastructure
SIP requirements related to a newly
established or revised NAAQS. The
contents of an infrastructure SIP
submission may vary depending upon
the data and analytical tools available to
the state, as well as the provisions
already contained in the state’s
implementation plan at the time the
state develops and submits the
submission for a particular new or
revised NAAQS.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), prohibit any source or
other type of emissions activity in one
state from contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
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110(a)(2)(D)(i)(II), prohibit any source or
other type of emissions activity in one
state from interfering with measures
required to prevent significant
deterioration of air quality in another
state (prong 3) or from interfering with
measures to protect visibility in another
state (prong 4). There are two ways in
which a state’s infrastructure SIP may
satisfy prong 4. The first is through a
confirmation in the infrastructure SIP
submission that the state has an EPAapproved regional haze SIP that fully
meets the requirements of 40 CFR
51.308 or 51.309. Alternatively, in the
absence of a fully approved regional
haze SIP, a state may meet the
requirements of prong 4 through a
demonstration in its infrastructure SIP
submission that emissions within its
jurisdiction do not interfere with other
states’ plans to protect visibility. Section
110(a)(2)(D)(ii) requires SIPs to include
provisions ensuring compliance with
sections 115 and 126 of the Act, relating
to international and interstate pollution
abatement, respectively.
On March 12, 2008, EPA revised the
8-hour ozone NAAQS to 0.075 parts per
million. See 73 FR 16436 (March 27,
2008). States were required to submit
infrastructure SIP submissions for the
2008 8-hour ozone NAAQS to EPA no
later than March 12, 2011. Alabama
submitted its infrastructure SIP for the
2008 8-hour ozone NAAQS on August
20, 2012; this action only addresses the
prong 4 element of the August 2012
submission.
Alabama’s August 20, 2012, 2008 8hour ozone infrastructure submission
cites to the State’s regional haze SIP
alone to satisfy prong 4 requirements.1
Alabama’s regional haze SIP relies on
the Clean Air Interstate Rule (CAIR) 2 as
an alternative to the best available
retrofit technology (BART) requirements
for its CAIR-subject electric generating
units (EGUs).3 Although this reliance on
1 As mentioned above, a state may meet the
requirements of prong 4 in the absence of a fully
approved regional haze SIP by showing that its SIP
contains adequate provisions to prevent emissions
from within the state from interfering with other
states’ measures to protect visibility. Alabama did
not, however, provide a demonstration in the
infrastructure SIP submission subject to this
proposed action that emissions within its
jurisdiction do not interfere with other states’ plans
to protect visibility.
2 CAIR created regional cap-and-trade programs to
reduce sulfur dioxide (SO2) and nitrogen oxides
(NOX) emissions in 28 eastern states, including
Alabama, that contributed to downwind
nonattainment and maintenance of the 1997 8-hour
ozone NAAQS and the 1997 PM2.5 NAAQS.
3 Section 169A of the CAA and EPA’s
implementing regulations require states to establish
long-term strategies for making reasonable progress
towards the national goal of achieving natural
visibility conditions in certain Class I areas. The
156 mandatory Class I federal areas in which
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CAIR was consistent with the CAA at
the time the State submitted its regional
haze SIP, CAIR has since been replaced
by the Cross-State Air Pollution Rule
(CSAPR) 4 and can no longer be relied
upon as an alternative to BART or as
part of a long-term strategy (LTS) for
addressing regional haze. Therefore,
EPA finalized a limited disapproval of
Alabama’s 2008 regional haze SIP
submission to the extent that it relied on
CAIR to satisfy the BART and LTS
requirements.5 See 77 FR 33642 (June 7,
2012).
In that limited disapproval action,
EPA also amended the Regional Haze
Rule to provide that CSAPR can serve as
an alternative to BART, i.e., that
participation by a state’s EGUs in a
CSAPR trading program for a given
pollutant achieves greater reasonable
progress toward the national goal of
achieving natural visibility conditions
in Class I areas than source-specific
BART for those EGUs for that
pollutant.6 See 40 CFR 51.308(e)(4); 77
FR 33642. A state can participate in the
trading program through either a federal
implementation plan (FIP)
implementing CSAPR or an integrated
CSAPR state trading program
implemented through an approved SIP
revision. In promulgating this
amendment to the Regional Haze Rule,
EPA relied on an analytic demonstration
of visibility improvement from CSAPR
implementation relative to BART based
on an air quality modeling study.
At the time of the rule amendment,
questions regarding the legality of
CSAPR were pending before the United
States Court of Appeals for the District
visibility has been determined to be an important
value are listed at subpart D of 40 CFR part 81. For
brevity, these areas are referred to here, simply as
‘‘Class I areas.’’
Implementation plans must give specific
attention to certain stationary sources. Specifically,
section 169A(b)(2)(A) of the CAA requires states to
revise their SIPs to contain such measures as may
be necessary to make reasonable progress towards
the natural visibility goal, including a requirement
that certain categories of existing major stationary
sources built between 1962 and 1977 procure,
install, and operate BART as determined by the
state. Under the Regional Haze Rule, states are
directed to conduct BART determinations for such
‘‘BART-eligible’’ sources that may be anticipated to
cause or contribute to any visibility impairment in
a Class I area.
4 CSAPR addresses the interstate transport of
emissions contributing to nonattainment and
interfering with maintenance of the two air quality
standards covered by CAIR as well as the 2006
PM2.5 NAAQS. CSAPR requires substantial
reductions of SO2 and (NOX) emissions from EGUs
in 28 states in the eastern United States.
5 EPA finalized a limited approval of Alabama’s
regional haze SIP on June 28, 2012. See 77 FR
38515.
6 Legal challenges to EPA’s determination that
CSAPR can be an alternative to BART are pending.
Utility Air Regulatory Group v. EPA, No. 12–1342
(D.C. Cir. filed August 6, 2012).
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9513
of Columbia Circuit (D.C. Circuit) and
the court had stayed implementation of
the rule. The D.C. Circuit subsequently
vacated and remanded CSAPR in
August 2012, leaving CAIR in place
temporarily.7 However, in April 2014,
the Supreme Court reversed the vacatur
and remanded to the D.C. Circuit for
resolution of the remaining claims.8 The
D.C. Circuit then granted EPA’s motion
to lift the stay and to toll the rule’s
deadlines by three years.9 Consequently,
implementation of CSAPR Phase 1
began in January 2015 and
implementation of Phase 2 is scheduled
to begin in January 2017.
Following the Supreme Court remand,
the D.C. Circuit conducted further
proceedings to address the remaining
claims. In July 2015, the court issued a
decision denying most of the claims but
remanding the Phase 2 sulfur dioxide
(SO2) emissions budgets for Alabama,
Georgia, South Carolina, and Texas and
the Phase 2 ozone-season nitrogen
oxides (NOX) budgets for 11 states to
EPA for reconsideration.10 Since receipt
of the D.C. Circuit’s 2015 decision, EPA
has engaged the affected states to
determine appropriate next steps to
address the decision with regard to each
state.11 In a November 10, 2016,
proposed rulemaking, EPA stated that it
expects that potentially material
changes to the scope of CSAPR coverage
resulting from the remand will be
limited to withdrawal of the CSAPR FIP
requiring Texas to participate in the
Phase 2 trading programs for annual
emissions of SO2 and NOX and
withdrawal of Florida’s CSAPR FIP
requirements for ozone-season NOX,
which EPA recently finalized in another
action.12
Due to these expected changes to
CSAPR’s scope, EPA conducted a
sensitivity analysis to the 2012 CSAPR
‘‘alternative to BART’’ demonstration
showing that the analysis would have
supported the same conclusion if the
7 EME Homer City Generation, L.P. v. EPA, 696
F.3d 7 (D.C. Cir. 2012).
8 EPA v. EME Homer City Generation, L.P., 134 S.
Ct. 1584 (2014), reversing 696 F.3d 7 (D.C. Cir.
2012).
9 Order, EME Homer City Generation, L.P. v. EPA,
No. 11–1302 (D.C. Cir. issued October 23, 2014).
10 EME Homer City Generation, L.P. v. EPA, 795
F.3d 118, 138 (D.C. Cir. 2015). The D.C. Circuit did
not remand the CSAPR ozone season NOX budgets
for Alabama.
11 As discussed below, Alabama submitted a SIP
revision to EPA on October 26, 2015, to incorporate
the Phase 2 annual NOX and annual SO2 CSAPR
budgets for the State into the SIP. EPA approved
this SIP revision in a final action published on
August 31, 2016. See 81 FR 59869.
12 See 81 FR 78954 (November 10, 2016) for
further discussion regarding EPA’s expectations and
the proposed withdrawal of the CSAPR FIP for
Texas.
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actions that EPA has proposed to take or
has already taken in response to the D.C.
Circuit’s remand—specifically, the
proposed withdrawal of PM2.5-related
CSAPR Phase 2 FIP requirements for
Texas EGUs and the recently finalized
withdrawal of ozone-related CSAPR
Phase 2 FIP requirements for Florida
EGUs—had been reflected in that
analysis. EPA’s November 10, 2016,
notice of proposed rulemaking sought
comment on this sensitivity analysis.
See 81 FR 78954.
Alabama sought to convert the 2012
limited approval/limited disapproval of
the State’s CAIR-reliant regional haze
SIP to a full approval through a SIP
revision submitted on October 26, 2015.
This SIP revision intended to adopt the
CSAPR trading program into the SIP,
including the State’s Phase 2 annual
NOX and annual SO2 CSAPR budgets,
and then to replace reliance on CAIR
with reliance on CSAPR to satisfy its
regional haze BART and LTS
requirements. Although EPA has
approved the CSAPR trading program
into the Alabama SIP,13 EPA has not yet
had an opportunity to evaluate
comments received on its proposal that
CSAPR should continue to be available
as an alternative to BART.14 EPA thus
cannot approve the portion of
Alabama’s 2015 SIP submission seeking
to replace reliance on CAIR with
reliance on CSAPR to satisfy the BART
and LTS requirements at this time.
Because Alabama’s prong 4 SIP
submission relies solely on the State
having a fully approved regional haze
SIP, EPA proposed to disapprove the
prong 4 element of Alabama’s August
20, 2012, 2008 8-hour ozone
infrastructure SIP submission in a
notice of proposed rulemaking (NPRM)
published on December 5, 2016 (81 FR
87503). Additional detail regarding the
background and rationale for EPA’s
action is contained in the NPRM.
Comments on the proposed
rulemaking were due on or before
December 27, 2016. EPA received one
adverse comment on the December 5,
2016, NPRM. The comment was
submitted by the Utility Air Regulatory
Group (hereinafter referred to as ‘‘the
Commenter’’) and is available in the
docket for this final rulemaking action.
EPA’s response and a summary of the
comment are provided below.
II. Response to Comment
Comment: The Commenter asserts
that EPA should approve Alabama’s
August 20, 2012, 2008 8-hour ozone
13 See
81 FR 59869 (August 31, 2016).
deadline for these comments is January 9,
2017. See 81 FR 88636 (December 8, 2016).
14 The
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infrastructure SIP revision in
‘‘conjunction with Alabama’s reliance in
its October 2015 SIP on CSAPR to
satisfy BART and other regional haze
rule requirements.’’ According to the
Commenter, EPA has the authority and
an obligation to approve Alabama’s
October 2015 regional haze SIP because
EPA has approved the State’s CSAPR
annual SO2 and NOX emissions budgets
into the Alabama SIP and because the
‘‘CSAPR=BART rule . . . remains
legally in effect.’’ The Commenter
believes that Alabama is ‘‘plainly
entitled to rely at this time on the
CSAPR=BART rule’’ and that EPA’s
reliance on the November 10, 2016
rulemaking that proposed to reaffirm
that CSAPR can serve as an alternative
to source-specific BART is a ‘‘legally
and factually invalid reason for EPA to
refuse at this time to approve Alabama’s
2015 regional haze SIP submission and,
by extension, Alabama’s 2012 prong 4
submission.’’
Response: EPA disagrees with the
Commenter. EPA is disapproving the
prong 4 element of Alabama’s August
20, 2012, 8-hour ozone infrastructure
SIP revision because the State does not
have a fully-approved regional haze SIP
and has not otherwise shown that its
SIP contains adequate provisions to
prevent emissions from within the State
from interfering with other states’
measures to protect visibility. Although
Alabama’s 2015 regional haze SIP
submission sought to convert the
limited approval/limited disapproval of
its regional haze SIP to a full approval
by relying on CSAPR to satisfy BART
and LTS requirements, intervening
developments dictate that EPA cannot
act on that revision until EPA completes
action on the D.C. Circuit’s remand of
certain CSAPR budgets and determines
the impact of the final remand response
on CSAPR participation as an
alternative to BART requirements.
As discussed above, CSAPR’s scope
has been impacted by the D.C. Circuit’s
remand of the Phase 2 SO2 emissions
budgets for Alabama, Georgia, South
Carolina, and Texas and the Phase 2
ozone season NOX budgets for 11 states.
The magnitude of this impact and the
resulting effect on the CSAPR
‘‘alternative to BART’’ rule depends, in
part, on the actions of the states with
remanded budgets. EPA expects that
potentially material changes to CSAPR’s
scope will be limited to the withdrawal
of Texas from the annual NOX and SO2
trading program and the withdrawal of
Florida from the ozone-season NOX
trading program based on several
considerations, including discussions
with the affected states, the
incorporation of the CSAPR Phase 2
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annual NOX and SO2 budgets into the
Alabama SIP, and commitment letters
from Georgia and South Carolina to
adopt the CSAPR Phase 2 budgets.15
EPA’s November 10, 2016, proposed
determination that CSAPR would
continue to be available as an
alternative to BART is therefore based
on the assumption that Georgia and
South Carolina will remain in CSAPR
with annual NOX and SO2 emissions
budgets equal to or more stringent than
those in their CSAPR FIPs. However,
EPA has not yet received SIP revisions
from Georgia or South Carolina adopting
their respective CSAPR FIP budgets.
Although EPA expects that Georgia and
South Carolina will submit such SIP
revisions in the near future, the
continued validity of CSAPR as an
alternative to BART will only be
resolved under EPA’s November 10,
2016, proposal if and when Georgia and
South Carolina submit SIP revisions
adopting their respective remanded
CSAPR budgets; EPA addresses public
comment on its November 10, 2016
proposed determination that CSAPR
continues to be an alternative to BART
given the expected changes to CSAPR’s
scope; and EPA finalizes its
determination that CSAPR remains an
alternative to BART. For these reasons,
EPA cannot approve Alabama’s 2015
regional haze SIP revision at this time.
Because Alabama does not have a fully
approved regional haze SIP and has not
alternatively demonstrated that its
emissions do not interfere with other
states’ required measures protecting
visibility, EPA must disapprove the
prong 4 element of Alabama’s August
20, 2012, 8-hour ozone infrastructure
SIP revision.
III. Final Action
As described above, EPA is
disapproving the prong 4 portion of
Alabama’s August 20, 2012, 2008 8-hour
ozone infrastructure SIP submission. All
other applicable infrastructure
requirements for this SIP submission
have been addressed in separate
rulemakings.
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.
15 See letters to Heather McTeer Toney, Regional
Administrator, EPA Region 4, from Judson H.
Turner, Director of the Environmental Protection
Division, Georgia Department of Natural Resources
(May 26, 2016) and from Myra C. Reece, Director
of Environmental Affairs, South Carolina
Department of Health and Environmental Control
(April 19, 2016), available in the docket for this
action.
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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. EPA is determining that the
prong 4 portion of the aforementioned
SIP submission does not meet federal
requirements. Therefore, this action
does not impose additional
requirements on the state 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
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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 April 10, 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, Particulate
Matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 5, 2017.
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 52.53 is amended by adding
a reserved paragraph (d) and paragraph
(e) to read as follows:
■
§ 52.53
Approval status.
*
*
*
*
*
(e) Disapproval. Portion of the state
implementation plan (SIP) revision
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM) on
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Sfmt 4700
9515
August 20, 2012, that addresses the
visibility protection (prong 4) element of
Clean Air Act section 110(a)(2)(D)(i) for
the 2008 8-hour Ozone National
Ambient Air Quality Standards
(NAAQS). EPA is disapproving the
prong 4 portion of ADEM’s SIP
submittal because it relies solely on the
State having a fully approved regional
haze SIP to satisfy the prong 4
requirements for the 2008 8-hour Ozone
NAAQS.
[FR Doc. 2017–02303 Filed 2–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0134; FRL–9957–58–
Region 5]
Air Plan Approval; Wisconsin; NOX as
a Precursor to Ozone, PM2.5 Increment
Rules and PSD Infrastructure SIP
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
Wisconsin’s state implementation plan
(SIP), revising portions of the State’s
Prevention of Significant Deterioration
(PSD) and ambient air quality programs
to address deficiencies identified in
EPA’s previous narrow infrastructure
SIP disapprovals and Finding of Failure
to Submit (FFS). This SIP revision
request is consistent with the Federal
PSD rules and addresses the required
elements of the fine particulate matter
(PM2.5) PSD Increments, Significant
Impact Levels (SILs) and Significant
Monitoring Concentration (SMC) Rule.
EPA is also approving elements of SIP
submissions from Wisconsin regarding
PSD infrastructure requirements of
section 110 of the Clean Air Act (CAA)
for the 1997 PM2.5, 1997 ozone, 2006
PM2.5, 2008 lead, 2008 ozone, 2010
nitrogen dioxide (NO2), 2010 sulfur
dioxide (SO2), and 2012 PM2.5 National
Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This final rule is effective on
March 9, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0134. All
documents in the docket are listed on
SUMMARY:
E:\FR\FM\07FER1.SGM
07FER1
Agencies
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9512-9515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02303]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0689; FRL-9958-42-Region 4]
Air Plan Disapproval; AL; Prong 4 Visibility for the 2008 8-Hour
Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is disapproving the
visibility transport (prong 4) portion of a revision to the Alabama
State Implementation Plan (SIP), submitted by the Alabama Department of
Environmental Management (ADEM), addressing the Clean Air Act (CAA or
Act) infrastructure SIP requirements for the 2008 8-hour ozone 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, commonly referred to as
an ``infrastructure SIP.'' Here, EPA is specifically disapproving the
prong 4 portion of Alabama's August 20, 2012, 2008 8-hour ozone
infrastructure SIP submission. All other applicable infrastructure
requirements for this SIP submission have been addressed in separate
rulemakings.
DATES: This rule will be effective March 9, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0689. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, 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: Sean Lakeman of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043
or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, states must submit SIPs meeting the requirements of
sections 110(a)(1) and (2) of the CAA within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of that NAAQS. EPA has
historically referred to these SIP submissions made for the purpose of
satisfying the requirements of sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require
states to address basic SIP elements such as for monitoring, basic
program requirements, and legal authority that are designed to assure
attainment and maintenance of the newly established or revised NAAQS.
More specifically, section 110(a)(1) provides the procedural and timing
requirements for infrastructure SIPs, and section 110(a)(2) lists
specific elements that states must meet for the infrastructure SIP
requirements related to a newly established or revised NAAQS. The
contents of an infrastructure SIP submission may vary depending upon
the data and analytical tools available to the state, as well as the
provisions already contained in the state's implementation plan at the
time the state develops and submits the submission for a particular new
or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), prohibit any source or other
type of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong 1) and from
interfering with maintenance of the NAAQS in another state (prong 2).
The third and fourth prongs, which are codified in section
[[Page 9513]]
110(a)(2)(D)(i)(II), prohibit any source or other type of emissions
activity in one state from interfering with measures required to
prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). There are two ways in which a state's
infrastructure SIP may satisfy prong 4. The first is through a
confirmation in the infrastructure SIP submission that the state has an
EPA-approved regional haze SIP that fully meets the requirements of 40
CFR 51.308 or 51.309. Alternatively, in the absence of a fully approved
regional haze SIP, a state may meet the requirements of prong 4 through
a demonstration in its infrastructure SIP submission that emissions
within its jurisdiction do not interfere with other states' plans to
protect visibility. Section 110(a)(2)(D)(ii) requires SIPs to include
provisions ensuring compliance with sections 115 and 126 of the Act,
relating to international and interstate pollution abatement,
respectively.
On March 12, 2008, EPA revised the 8-hour ozone NAAQS to 0.075
parts per million. See 73 FR 16436 (March 27, 2008). States were
required to submit infrastructure SIP submissions for the 2008 8-hour
ozone NAAQS to EPA no later than March 12, 2011. Alabama submitted its
infrastructure SIP for the 2008 8-hour ozone NAAQS on August 20, 2012;
this action only addresses the prong 4 element of the August 2012
submission.
Alabama's August 20, 2012, 2008 8-hour ozone infrastructure
submission cites to the State's regional haze SIP alone to satisfy
prong 4 requirements.\1\ Alabama's regional haze SIP relies on the
Clean Air Interstate Rule (CAIR) \2\ as an alternative to the best
available retrofit technology (BART) requirements for its CAIR-subject
electric generating units (EGUs).\3\ Although this reliance on CAIR was
consistent with the CAA at the time the State submitted its regional
haze SIP, CAIR has since been replaced by the Cross-State Air Pollution
Rule (CSAPR) \4\ and can no longer be relied upon as an alternative to
BART or as part of a long-term strategy (LTS) for addressing regional
haze. Therefore, EPA finalized a limited disapproval of Alabama's 2008
regional haze SIP submission to the extent that it relied on CAIR to
satisfy the BART and LTS requirements.\5\ See 77 FR 33642 (June 7,
2012).
---------------------------------------------------------------------------
\1\ As mentioned above, a state may meet the requirements of
prong 4 in the absence of a fully approved regional haze SIP by
showing that its SIP contains adequate provisions to prevent
emissions from within the state from interfering with other states'
measures to protect visibility. Alabama did not, however, provide a
demonstration in the infrastructure SIP submission subject to this
proposed action that emissions within its jurisdiction do not
interfere with other states' plans to protect visibility.
\2\ CAIR created regional cap-and-trade programs to reduce
sulfur dioxide (SO2) and nitrogen oxides (NOX)
emissions in 28 eastern states, including Alabama, that contributed
to downwind nonattainment and maintenance of the 1997 8-hour ozone
NAAQS and the 1997 PM2.5 NAAQS.
\3\ Section 169A of the CAA and EPA's implementing regulations
require states to establish long-term strategies for making
reasonable progress towards the national goal of achieving natural
visibility conditions in certain Class I areas. The 156 mandatory
Class I federal areas in which visibility has been determined to be
an important value are listed at subpart D of 40 CFR part 81. For
brevity, these areas are referred to here, simply as ``Class I
areas.''
Implementation plans must give specific attention to certain
stationary sources. Specifically, section 169A(b)(2)(A) of the CAA
requires states to revise their SIPs to contain such measures as may
be necessary to make reasonable progress towards the natural
visibility goal, including a requirement that certain categories of
existing major stationary sources built between 1962 and 1977
procure, install, and operate BART as determined by the state. Under
the Regional Haze Rule, states are directed to conduct BART
determinations for such ``BART-eligible'' sources that may be
anticipated to cause or contribute to any visibility impairment in a
Class I area.
\4\ CSAPR addresses the interstate transport of emissions
contributing to nonattainment and interfering with maintenance of
the two air quality standards covered by CAIR as well as the 2006
PM2.5 NAAQS. CSAPR requires substantial reductions of
SO2 and (NOX) emissions from EGUs in 28 states
in the eastern United States.
\5\ EPA finalized a limited approval of Alabama's regional haze
SIP on June 28, 2012. See 77 FR 38515.
---------------------------------------------------------------------------
In that limited disapproval action, EPA also amended the Regional
Haze Rule to provide that CSAPR can serve as an alternative to BART,
i.e., that participation by a state's EGUs in a CSAPR trading program
for a given pollutant achieves greater reasonable progress toward the
national goal of achieving natural visibility conditions in Class I
areas than source-specific BART for those EGUs for that pollutant.\6\
See 40 CFR 51.308(e)(4); 77 FR 33642. A state can participate in the
trading program through either a federal implementation plan (FIP)
implementing CSAPR or an integrated CSAPR state trading program
implemented through an approved SIP revision. In promulgating this
amendment to the Regional Haze Rule, EPA relied on an analytic
demonstration of visibility improvement from CSAPR implementation
relative to BART based on an air quality modeling study.
---------------------------------------------------------------------------
\6\ Legal challenges to EPA's determination that CSAPR can be an
alternative to BART are pending. Utility Air Regulatory Group v.
EPA, No. 12-1342 (D.C. Cir. filed August 6, 2012).
---------------------------------------------------------------------------
At the time of the rule amendment, questions regarding the legality
of CSAPR were pending before the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) and the court had stayed
implementation of the rule. The D.C. Circuit subsequently vacated and
remanded CSAPR in August 2012, leaving CAIR in place temporarily.\7\
However, in April 2014, the Supreme Court reversed the vacatur and
remanded to the D.C. Circuit for resolution of the remaining claims.\8\
The D.C. Circuit then granted EPA's motion to lift the stay and to toll
the rule's deadlines by three years.\9\ Consequently, implementation of
CSAPR Phase 1 began in January 2015 and implementation of Phase 2 is
scheduled to begin in January 2017.
---------------------------------------------------------------------------
\7\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C.
Cir. 2012).
\8\ EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014), reversing 696 F.3d 7 (D.C. Cir. 2012).
\9\ Order, EME Homer City Generation, L.P. v. EPA, No. 11-1302
(D.C. Cir. issued October 23, 2014).
---------------------------------------------------------------------------
Following the Supreme Court remand, the D.C. Circuit conducted
further proceedings to address the remaining claims. In July 2015, the
court issued a decision denying most of the claims but remanding the
Phase 2 sulfur dioxide (SO2) emissions budgets for Alabama,
Georgia, South Carolina, and Texas and the Phase 2 ozone-season
nitrogen oxides (NOX) budgets for 11 states to EPA for
reconsideration.\10\ Since receipt of the D.C. Circuit's 2015 decision,
EPA has engaged the affected states to determine appropriate next steps
to address the decision with regard to each state.\11\ In a November
10, 2016, proposed rulemaking, EPA stated that it expects that
potentially material changes to the scope of CSAPR coverage resulting
from the remand will be limited to withdrawal of the CSAPR FIP
requiring Texas to participate in the Phase 2 trading programs for
annual emissions of SO2 and NOX and withdrawal of
Florida's CSAPR FIP requirements for ozone-season NOX, which
EPA recently finalized in another action.\12\
---------------------------------------------------------------------------
\10\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138
(D.C. Cir. 2015). The D.C. Circuit did not remand the CSAPR ozone
season NOX budgets for Alabama.
\11\ As discussed below, Alabama submitted a SIP revision to EPA
on October 26, 2015, to incorporate the Phase 2 annual
NOX and annual SO2 CSAPR budgets for the State
into the SIP. EPA approved this SIP revision in a final action
published on August 31, 2016. See 81 FR 59869.
\12\ See 81 FR 78954 (November 10, 2016) for further discussion
regarding EPA's expectations and the proposed withdrawal of the
CSAPR FIP for Texas.
---------------------------------------------------------------------------
Due to these expected changes to CSAPR's scope, EPA conducted a
sensitivity analysis to the 2012 CSAPR ``alternative to BART''
demonstration showing that the analysis would have supported the same
conclusion if the
[[Page 9514]]
actions that EPA has proposed to take or has already taken in response
to the D.C. Circuit's remand--specifically, the proposed withdrawal of
PM2.5-related CSAPR Phase 2 FIP requirements for Texas EGUs
and the recently finalized withdrawal of ozone-related CSAPR Phase 2
FIP requirements for Florida EGUs--had been reflected in that analysis.
EPA's November 10, 2016, notice of proposed rulemaking sought comment
on this sensitivity analysis. See 81 FR 78954.
Alabama sought to convert the 2012 limited approval/limited
disapproval of the State's CAIR-reliant regional haze SIP to a full
approval through a SIP revision submitted on October 26, 2015. This SIP
revision intended to adopt the CSAPR trading program into the SIP,
including the State's Phase 2 annual NOX and annual
SO2 CSAPR budgets, and then to replace reliance on CAIR with
reliance on CSAPR to satisfy its regional haze BART and LTS
requirements. Although EPA has approved the CSAPR trading program into
the Alabama SIP,\13\ EPA has not yet had an opportunity to evaluate
comments received on its proposal that CSAPR should continue to be
available as an alternative to BART.\14\ EPA thus cannot approve the
portion of Alabama's 2015 SIP submission seeking to replace reliance on
CAIR with reliance on CSAPR to satisfy the BART and LTS requirements at
this time. Because Alabama's prong 4 SIP submission relies solely on
the State having a fully approved regional haze SIP, EPA proposed to
disapprove the prong 4 element of Alabama's August 20, 2012, 2008 8-
hour ozone infrastructure SIP submission in a notice of proposed
rulemaking (NPRM) published on December 5, 2016 (81 FR 87503).
Additional detail regarding the background and rationale for EPA's
action is contained in the NPRM.
---------------------------------------------------------------------------
\13\ See 81 FR 59869 (August 31, 2016).
\14\ The deadline for these comments is January 9, 2017. See 81
FR 88636 (December 8, 2016).
---------------------------------------------------------------------------
Comments on the proposed rulemaking were due on or before December
27, 2016. EPA received one adverse comment on the December 5, 2016,
NPRM. The comment was submitted by the Utility Air Regulatory Group
(hereinafter referred to as ``the Commenter'') and is available in the
docket for this final rulemaking action. EPA's response and a summary
of the comment are provided below.
II. Response to Comment
Comment: The Commenter asserts that EPA should approve Alabama's
August 20, 2012, 2008 8-hour ozone infrastructure SIP revision in
``conjunction with Alabama's reliance in its October 2015 SIP on CSAPR
to satisfy BART and other regional haze rule requirements.'' According
to the Commenter, EPA has the authority and an obligation to approve
Alabama's October 2015 regional haze SIP because EPA has approved the
State's CSAPR annual SO2 and NOX emissions
budgets into the Alabama SIP and because the ``CSAPR=BART rule . . .
remains legally in effect.'' The Commenter believes that Alabama is
``plainly entitled to rely at this time on the CSAPR=BART rule'' and
that EPA's reliance on the November 10, 2016 rulemaking that proposed
to reaffirm that CSAPR can serve as an alternative to source-specific
BART is a ``legally and factually invalid reason for EPA to refuse at
this time to approve Alabama's 2015 regional haze SIP submission and,
by extension, Alabama's 2012 prong 4 submission.''
Response: EPA disagrees with the Commenter. EPA is disapproving the
prong 4 element of Alabama's August 20, 2012, 8-hour ozone
infrastructure SIP revision because the State does not have a fully-
approved regional haze SIP and has not otherwise shown that its SIP
contains adequate provisions to prevent emissions from within the State
from interfering with other states' measures to protect visibility.
Although Alabama's 2015 regional haze SIP submission sought to convert
the limited approval/limited disapproval of its regional haze SIP to a
full approval by relying on CSAPR to satisfy BART and LTS requirements,
intervening developments dictate that EPA cannot act on that revision
until EPA completes action on the D.C. Circuit's remand of certain
CSAPR budgets and determines the impact of the final remand response on
CSAPR participation as an alternative to BART requirements.
As discussed above, CSAPR's scope has been impacted by the D.C.
Circuit's remand of the Phase 2 SO2 emissions budgets for
Alabama, Georgia, South Carolina, and Texas and the Phase 2 ozone
season NOX budgets for 11 states. The magnitude of this
impact and the resulting effect on the CSAPR ``alternative to BART''
rule depends, in part, on the actions of the states with remanded
budgets. EPA expects that potentially material changes to CSAPR's scope
will be limited to the withdrawal of Texas from the annual
NOX and SO2 trading program and the withdrawal of
Florida from the ozone-season NOX trading program based on
several considerations, including discussions with the affected states,
the incorporation of the CSAPR Phase 2 annual NOX and
SO2 budgets into the Alabama SIP, and commitment letters
from Georgia and South Carolina to adopt the CSAPR Phase 2 budgets.\15\
EPA's November 10, 2016, proposed determination that CSAPR would
continue to be available as an alternative to BART is therefore based
on the assumption that Georgia and South Carolina will remain in CSAPR
with annual NOX and SO2 emissions budgets equal
to or more stringent than those in their CSAPR FIPs. However, EPA has
not yet received SIP revisions from Georgia or South Carolina adopting
their respective CSAPR FIP budgets. Although EPA expects that Georgia
and South Carolina will submit such SIP revisions in the near future,
the continued validity of CSAPR as an alternative to BART will only be
resolved under EPA's November 10, 2016, proposal if and when Georgia
and South Carolina submit SIP revisions adopting their respective
remanded CSAPR budgets; EPA addresses public comment on its November
10, 2016 proposed determination that CSAPR continues to be an
alternative to BART given the expected changes to CSAPR's scope; and
EPA finalizes its determination that CSAPR remains an alternative to
BART. For these reasons, EPA cannot approve Alabama's 2015 regional
haze SIP revision at this time. Because Alabama does not have a fully
approved regional haze SIP and has not alternatively demonstrated that
its emissions do not interfere with other states' required measures
protecting visibility, EPA must disapprove the prong 4 element of
Alabama's August 20, 2012, 8-hour ozone infrastructure SIP revision.
---------------------------------------------------------------------------
\15\ See letters to Heather McTeer Toney, Regional
Administrator, EPA Region 4, from Judson H. Turner, Director of the
Environmental Protection Division, Georgia Department of Natural
Resources (May 26, 2016) and from Myra C. Reece, Director of
Environmental Affairs, South Carolina Department of Health and
Environmental Control (April 19, 2016), available in the docket for
this action.
---------------------------------------------------------------------------
III. Final Action
As described above, EPA is disapproving the prong 4 portion of
Alabama's August 20, 2012, 2008 8-hour ozone infrastructure SIP
submission. All other applicable infrastructure requirements for this
SIP submission have been addressed in separate rulemakings.
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.
[[Page 9515]]
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. EPA is determining that the prong 4
portion of the aforementioned SIP submission does not meet federal
requirements. Therefore, this action does not impose additional
requirements on the state 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 April 10, 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,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 5, 2017.
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 52.53 is amended by adding a reserved paragraph (d) and
paragraph (e) to read as follows:
Sec. 52.53 Approval status.
* * * * *
(e) Disapproval. Portion of the state implementation plan (SIP)
revision submitted by the State of Alabama, through the Alabama
Department of Environmental Management (ADEM) on August 20, 2012, that
addresses the visibility protection (prong 4) element of Clean Air Act
section 110(a)(2)(D)(i) for the 2008 8-hour Ozone National Ambient Air
Quality Standards (NAAQS). EPA is disapproving the prong 4 portion of
ADEM's SIP submittal because it relies solely on the State having a
fully approved regional haze SIP to satisfy the prong 4 requirements
for the 2008 8-hour Ozone NAAQS.
[FR Doc. 2017-02303 Filed 2-6-17; 8:45 am]
BILLING CODE 6560-50-P