Air Plan Approval; Alabama; Transportation Conformity, 39078-39079 [2017-17239]

Download as PDF 39078 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules with respect to the 1997 8-hour Ozone NAAQS and the 2008 8-hour Ozone NAAQS in the absence of SIP provisions addressing those requirements. Under the CSAPR regulations, upon EPA’s full and unconditional approval of a SIP revision as correcting the SIP’s deficiency that is the basis for a particular CSAPR FIP, the obligation to participate in the corresponding CSAPR federal trading program is automatically eliminated for units subject to the state’s jurisdiction (but not for any units located in any Indian country within the state’s borders).46 Approval of the portions of Alabama’s SIP submittal adopting CSAPR state trading program rules for ozone season NOX substantively identical to the corresponding CSAPR federal trading program regulations (or differing only with respect to the allowance allocation methodology) would satisfy Alabama’s obligation pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 8-hour Ozone NAAQS in any other state. This proposed approval would also partially satisfy Alabama’s obligation pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour Ozone NAAQS in any other state. Thus, the proposed approval would correct the same deficiency in the SIP that otherwise would be corrected by those CSAPR FIPs. The proposed approval of the portions of Alabama’s SIP submittal establishing CSAPR state trading program rules for ozone season NOX emissions therefore would result in automatic termination of the obligations of Alabama units to participate in the federal CSAPR NOX Ozone Season Group 2 Trading Program. sradovich on DSK3GMQ082PROD with PROPOSALS VII. 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 proposed 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 proposed action: 46 40 CFR 52.38(b)(10); see also 40 CFR 52.54(b)(1) & (2). VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 • 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. List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Dated: August 7, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. [FR Doc. 2017–17341 Filed 8–16–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0174; FRL–9966–27– Region 4] Air Plan Approval; Alabama; Transportation Conformity Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the portion of a revision to the Alabama State Implementation plan submitted by the State of Alabama on May 8, 2013, for the purpose of amending the transportation conformity rules to be consistent with Federal requirements. DATES: Comments must be received on or before September 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2017–0174 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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., SUMMARY: E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9222. Ms. Sheckler can also be reached via electronic mail at sheckler.kelly@ epa.gov. In the Final Rules Section of this Federal Register, EPA is approving the State’s implementation plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. SUPPLEMENTARY INFORMATION: Dated: August 4, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. [FR Doc. 2017–17239 Filed 8–16–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0389; FRL–9966–16– Region 4] Approval and Promulgation of Implementation Plans; South Carolina; Regional Haze State Implementation Plan Environmental Protection Agency (EPA). ACTION: Proposed rule; supplemental. AGENCY: sradovich on DSK3GMQ082PROD with PROPOSALS VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 Comments must be received on or before September 18, 2017. DATES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2013–0389 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: The Environmental Protection Agency (EPA) is issuing a supplement to its proposed approval of a revision to the South Carolina State Implementation Plan (SIP) submitted by the State of South Carolina through the South Carolina Department of Health and Environmental Control (SC DHEC) on December 28, 2012. South Carolina’s SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA’s rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state’s existing SIP addressing regional haze (regional haze SUMMARY: plan). EPA’s proposed approval of South Carolina’s Progress Report was published in the Federal Register on January 17, 2014. This supplemental proposal addresses the potential effects on EPA’s proposed approval from the April 29, 2014, decision of the United States Supreme Court (Supreme Court) remanding to the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) EPA’s Cross-State Air Pollution Rule (CSAPR) for further proceedings and the D.C. Circuit’s July 28, 2015, decision on remand. 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 telephone at (404) 562–9031 and via electronic mail at notarianni.michele@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Each state is required to submit a progress report in the form of a SIP revision during the first implementation period that evaluates progress towards the RPGs for each mandatory Class I PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 39079 federal area (Class I area) 1 within the state and in each mandatory Class I area outside the state that may be affected by emissions from within the state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR 51.308(h) require states to submit, at the same time as the progress report, a determination of the adequacy of the state’s existing regional haze plan. The first progress report is due five years after submittal of the initial regional haze plan. SC DHEC submitted its first regional haze plan on December 17, 2007, and submitted its Progress Report on December 28, 2012. The Progress Report and accompanying cover letter included a determination that South Carolina’s existing regional haze plan requires no substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. EPA proposed to find that the State’s Progress Report satisfied the requirements of 40 CFR 51.308(g) and (h) in a notice of proposed rulemaking (NPRM) published on January 17, 2014 (79 FR 3147). Today’s notice supplements that 2014 NPRM by more fully explaining and soliciting comment on the basis for the Agency’s proposed approval as it relates to the Clean Air Interstate Rule (CAIR) and CSAPR. II. Summary of South Carolina’s Progress Report and EPA’s 2014 NPRM In accordance with requirements in EPA’s Regional Haze Rule (RHR), South Carolina’s Progress Report describes the progress made towards the RPGs of Class I areas in and outside South Carolina that are affected by emissions from South Carolina’s sources.2 See 40 CFR 51.308(g). This Progress Report also included an assessment of whether South Carolina’s existing regional haze plan is sufficient to allow it and other nearby states with Class I areas to achieve their RPGs by the end of the first implementation period. See 40 CFR 51.308(h). In the 2014 NPRM, EPA proposed to approve the State’s Progress Report as adequately addressing 40 CFR 1 Areas designated as mandatory Class I federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a). These areas are listed at 40 CFR part 81, subpart D. 2 EPA promulgated a rule to address regional haze, the RHR, on July 1, 1999. See 64 FR 35713. The RHR revised the existing visibility regulations to integrate into the regulation provisions addressing regional haze impairment and established a comprehensive visibility protection program for Class I areas. See 40 CFR 51.308 and 51.309. EPA revised the RHR on January 10, 2017. See 82 FR 3078. E:\FR\FM\17AUP1.SGM 17AUP1

Agencies

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39078-39079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17239]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0174; FRL-9966-27-Region 4]


Air Plan Approval; Alabama; Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the portion of a revision to the Alabama State Implementation 
plan submitted by the State of Alabama on May 8, 2013, for the purpose 
of amending the transportation conformity rules to be consistent with 
Federal requirements.

DATES: Comments must be received on or before September 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0174 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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.,

[[Page 39079]]

Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9222. 
Ms. Sheckler can also be reached via electronic mail at 
sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal 
Register, EPA is approving the State's implementation plan revision as 
a direct final rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
this rule, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period on 
this document. Any parties interested in commenting on this document 
should do so at this time.

    Dated: August 4, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17239 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P
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