Air Plan Approval; Alabama: Infrastructure Requirements for the 2012 PM2.5, 43487-43489 [2017-19699]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
The Coast Guard will enforce
one safety zone within the Captain of
the Port Boston zone on September 17,
2017. This action is necessary to ensure
the safety of vessels, spectators, and
participants from hazards associated
with swim event. During the
enforcement period, no person or vessel,
except for the safety vessels assisting
with the events, may enter the safety
zones without permission of the Captain
of the Port (COTP) or their designated
on-scene representative.
SUMMARY:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0832]
Safety Zone; Recurring Annual Event
Held in Coast Guard Sector Boston
Captain of the Port Zone
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The regulation in 33 CFR
165.118 will be enforced for the safety
DATES:
43487
zone identified in the SUPPLEMENTARY
section below on
September 17, 2017, from 8:50 a.m. to
9:50 a.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Mark Cutter,
Sector Boston Waterways Management
Division, U.S. Coast Guard; telephone
617–223–4000, email Mark.E.Cutter@
uscg.mil.
INFORMATION
The Coast
Guard will enforce the safety zone listed
in Table 1 from 33 CFR 165.118 on the
specified dates and times specified:
SUPPLEMENTARY INFORMATION:
TABLE 1 FROM 33 CFR 165.118
Name
Location
9.7 Boston Harbor
Sharkfest Swim.
All waters of Boston Inner Harbor, Piers Park East Boston to Fan
Pier, South Boston, MA within the following points (NAD 83):
42°21.7′ N, 071°02.1′ W; 42°21.8′ N, 071°02.4′ W; 42°21.3′ N,
071°02.9′ W; 42°21.3′ N, 071°02.3′ W.
This notice of enforcement is issued
under authority of 33 CFR 165.118 and
5 U.S.C. 552(a). During the enforcement
period, persons and vessels are
prohibited from entering into, transiting
through, mooring, or anchoring within
the safety zone unless they receive
permission from the COTP or
designated representative. In addition to
this notice of enforcement in the
Federal Register, the Coast Guard plans
to provide mariners with advanced
notification of this enforcement period
via the Local Notice to Mariners.
Dated: September 12, 2017.
B.W. Kelly,
Commander, U.S. Coast Guard, Acting,
Captain of the Port Boston.
[FR Doc. 2017–19752 Filed 9–15–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0208; FRL–9967–84–
Region 4]
sradovich on DSKBBY8HB2PROD with RULES
Air Plan Approval; Alabama:
Infrastructure Requirements for the
2012 PM2.5 National Ambient Air
Quality Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the State
Implementation Plan (SIP) submission,
SUMMARY:
VerDate Sep<11>2014
Date
16:23 Sep 15, 2017
Jkt 241001
September 17, 2017
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM),
for inclusion into the Alabama SIP, on
December 9, 2015, to demonstrate that
the State meets the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2012 annual fine
particulate matter (PM2.5) 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 2012 Annual
PM2.5 NAAQS is implemented,
enforced, and maintained in Alabama.
EPA has determined that portions of
Alabama’s SIP satisfy certain required
infrastructure elements for the 2012
Annual PM2.5 NAAQS.
DATES: This rule will be effective
October 18, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0208. 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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
Time
8:50 a.m. to 9:50 a.m.
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:
Tiereny Bell, 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. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3. See
78 FR 3086 (January 15, 2013). 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
E:\FR\FM\18SER1.SGM
18SER1
43488
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
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 2012 Annual
PM2.5 NAAQS to EPA no later than
December 9, 2015.1
In a proposed rulemaking published
on June 29, 2017 (82 FR 29448), EPA
proposed to approve portions of
Alabama’s December 9, 2015, SIP
submission for the 2012 Annual PM2.5
NAAQS. The details of Alabama’s
submission and the rationale for EPA’s
actions for this final rule are explained
in the June 29, 2017, proposed
rulemaking. Comments on the proposed
rulemaking were due on or before July
31, 2017. EPA received no adverse
comments.
sradovich on DSKBBY8HB2PROD with RULES
II. Final Action
EPA is taking final action to approve
Alabama’s infrastructure submission
submitted on December 9, 2015, for the
2012 Annual PM2.5 NAAQS for the
infrastructure SIP requirements, with
the exception of the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2) and visibility of section
110(a)(2)(D)(i)(II) (prong 4), and the state
board requirements of section
110(a)(2)(E)(ii). EPA notes that the
Agency is not approving any specific
rule, but rather approving that
Alabama’s already approved SIP meets
certain CAA requirements. With respect
to the interstate transport provisions
pertaining to contribution to
nonattainment or interference with
maintenance in other states of section
110(a)(2)(D)(i)(I) (prongs 1 and 2) and
visibility of section 110(a)(2)(D)(i)(II)
(prong 4), and the state board
requirements of section 110(a)(2)(E)(ii).
EPA will consider these requirements in
relation to Alabama’s 2012 Annual
PM2.5 NAAQS infrastructure submission
in a separate rulemaking. EPA is taking
final action to approve all other
elements of Alabama’s infrastructure
1 In these infrastructure SIP submissions States
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be
appropriate for demonstrating compliance with
sections 110(a)(1) and (2). Throughout this
rulemaking, unless otherwise indicated, the term
‘‘ADEM Administrative Code (Admin. Code r).’’
indicates that the cited regulation has either been
approved, or submitted for approval into Alabama’s
federally-approved SIP. The term ‘‘Alabama Code’’
(Ala. Code) indicates cited Alabama state statutes,
which are not a part of the SIP unless otherwise
indicated.
VerDate Sep<11>2014
16:23 Sep 15, 2017
Jkt 241001
Indian country, the rule does not have
SIP submissions for the 2012 Annual
PM2.5 NAAQS because the submission is tribal implications as specified by
consistent with section 110 of the CAA. Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
III. Statutory and Executive Order
substantial direct costs on tribal
Reviews
governments or preempt tribal law.
Under the CAA, the Administrator is
The Congressional Review Act, 5
required to approve a SIP submission
U.S.C. 801 et seq., as added by the Small
that complies with the provisions of the Business Regulatory Enforcement
Act and applicable federal regulations.
Fairness Act of 1996, generally provides
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
that before a rule may take effect, the
Thus, in reviewing SIP submissions,
agency promulgating the rule must
EPA’s role is to approve state choices,
submit a rule report, which includes a
provided that they meet the criteria of
copy of the rule, to each House of the
the CAA. Accordingly, this action
Congress and to the Comptroller General
merely approves state law as meeting
of the United States. EPA will submit a
federal requirements and does not
report containing this action and other
impose additional requirements beyond required information to the U.S. Senate,
those imposed by state law. For that
the U.S. House of Representatives, and
reason, this action:
the Comptroller General of the United
• Is not a significant regulatory action States prior to publication of the rule in
subject to review by the Office of
the Federal Register. A major rule
Management and Budget under
cannot take effect until 60 days after it
Executive Orders 12866 (58 FR 51735,
is published in the Federal Register.
October 4, 1993) and 13563 (76 FR 3821, This action is not a ‘‘major rule’’ as
January 21, 2011);
defined by 5 U.S.C. 804(2).
• Does not impose an information
Under section 307(b)(1) of the CAA,
collection burden under the provisions
petitions for judicial review of this
of the Paperwork Reduction Act (44
action must be filed in the United States
U.S.C. 3501 et seq.);
Court of Appeals for the appropriate
• Is certified as not having a
circuit by November 17, 2017. Filing a
significant economic impact on a
petition for reconsideration by the
substantial number of small entities
Administrator of this final rule does not
under the Regulatory Flexibility Act (5
affect the finality of this action for the
U.S.C. 601 et seq.);
purposes of judicial review nor does it
• Does not contain any unfunded
extend the time within which a petition
mandate or significantly or uniquely
for judicial review may be filed, and
affect small governments, as described
shall not postpone the effectiveness of
in the Unfunded Mandates Reform Act
such rule or action. This action may not
of 1995 (Pub. L. 104–4);
be challenged later in proceedings to
• Does not have Federalism
enforce its requirements. See sec
implications as specified in Executive
List of Subjects in 40 CFR Part 52
Order 13132 (64 FR 43255, August 10,
1999);
Environmental protection, Air
• Is not an economically significant
pollution control, Incorporation by
regulatory action based on health or
reference, Intergovernmental relations,
safety risks subject to Executive Order
Particulate matter, Reporting and
13045 (62 FR 19885, April 23, 1997);
recordkeeping requirements, Volatile
• Is not a significant regulatory action
organic compounds.
subject to Executive Order 13211 (66 FR
Dated: September 5, 2017.
28355, May 22, 2001);
Onis ‘‘Trey’’ Glenn III,
• Is not subject to requirements of
section 12(d) of the National
Regional Administrator, Region 4.
Technology Transfer and Advancement
40 CFR part 52 is amended as follows:
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would PART 52—APPROVAL AND
be inconsistent with the CAA; and
PROMULGATION OF
• Does not provide EPA with the
IMPLEMENTATION PLANS
discretionary authority to address, as
appropriate, disproportionate human
■ 1. The authority citation for part 52
health or environmental effects, using
continues to read as follows:
practicable and legally permissible
Authority: 42 U.S.C. 7401 et seq.
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
Subpart B—Alabama
In addition, the SIP is not approved
to apply on any Indian reservation land
■ 2. In § 52.50, the table in paragraph (e)
or in any other area where EPA or an
is amended by adding the entry
Indian tribe has demonstrated that a
‘‘110(a)(1) and (2) Infrastructure
tribe has jurisdiction. In those areas of
Requirements for the 2012 Annual PM2.5
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
E:\FR\FM\18SER1.SGM
18SER1
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
NAAQS’’ at the end of the table to read
as follows:
§ 52.50
*
*
Identification of plan.
*
*
43489
(e) * * *
*
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2012
Annual PM2.5 NAAQS.
Applicable geographic or nonattainment area
*
Alabama ...........
[FR Doc. 2017–19699 Filed 9–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0014; FRL–9967–83–
Region 4]
Air Plan Approval; KY; Removal of
Stage II Gasoline Vapor Recovery
Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
the Kentucky State Implementation Plan
(SIP) submitted by the Commonwealth
of Kentucky, through the Kentucky
Energy and Environmental Cabinet, on
November 10, 2016, for the Louisville
Metro Air Pollution Control District
(District). This SIP revision removes
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities, and allows for the
decommissioning of existing Stage II
equipment in Jefferson County,
Kentucky. EPA determined that
Kentucky’s November 10, 2016, SIP
revision is approvable because it is
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective
October 18, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0014. 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
sradovich on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:23 Sep 15, 2017
State submittal
date/effective
date
Jkt 241001
12/9/2015
EPA approval date
Explanation
*
*
9/18/2017, [insert Federal
Register citation].
*
*
With the exception of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2 and 4) and the state
board
requirements
of
section
110(a)(2)(E)(ii).
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:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960. Ms. Sheckler’s
telephone number is (404) 562–9222.
She can also be reached via electronic
mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1993, the
Commonwealth of Kentucky submitted
a SIP revision to address the Stage II
requirements 1 for Jefferson County,
Kentucky.2 EPA approved that SIP
1 Stage II is a system designed to capture
displaced vapors that emerge from inside a
vehicle’s fuel tank, when gasoline is dispensed into
the tank. There are two basic types of Stage II
systems, the balance type and the vacuum assist
type.
2 On November 6, 1991, EPA designated and
classified Jefferson County in Kentucky as a
moderate nonattainment area for the 1-hour ozone
NAAQS. See 56 FR 56694. The ‘‘moderate’’
classification triggered various statutory
requirements for the Area, including the
requirement pursuant to section 182(b)(3) of the
CAA to require all owners and operators of gasoline
dispensing systems to install and operate Stage II.
EPA redesignated the Louisville portion of the Area
to attainment for the 1-hour ozone NAAQS,
effective July 31, 2002. See 67 FR 49600.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
revision, which contained changes to
the Jefferson County portion of
Kentucky SIP at Regulation 6.40,
Standards of Performance for Gasoline
Transfer to Motor Vehicle (Stage II
Vapor Recovery and Control Systems),
in a document published on March 6,
1996 (61 FR 8873). On November 10,
2016, the Commonwealth of Kentucky
submitted a SIP revision for Regulation
6.40, Standards of Performance for
Gasoline Transfer to Motor Vehicle
(Stage II Vapor Recovery and Control
Systems). In this action, EPA is
approving Louisville’s request to revise
the Stage II requirements in the
Louisville Kentucky Area. Specifically,
it seeks to remove the Stage II
requirements in Jefferson County,
Kentucky, and to add requirements for
decommissioning the stations. EPA
published a proposed rulemaking on
July 3, 2017, to approve this SIP
revision. The details of Kentucky’s
submittal and the rationale for EPA’s
action are explained in the proposed
rulemaking. See 82 FR 30809. The
comment period for this proposed
rulemaking closed on August 2, 2017.
EPA did not receive any comments,
adverse or otherwise, during the public
comment period.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Jefferson County portion
of Kentucky, regulation 6.40, Standards
of Performance for Gasoline Transfer to
Motor Vehicle (Stage II Vapor Recovery
and Control Systems), effective
November 10, 2016, which removes
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities in Jefferson County, Kentucky.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
E:\FR\FM\18SER1.SGM
18SER1
]]>Agencies
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43487-43489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19699]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0208; FRL-9967-84-Region 4]
Air Plan Approval; Alabama: Infrastructure Requirements for the
2012 PM2.5 National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the 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, on December 9, 2015, to demonstrate that the State meets
the infrastructure requirements of the Clean Air Act (CAA or Act) for
the 2012 annual fine particulate matter (PM2.5) 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 2012 Annual
PM2.5 NAAQS is implemented, enforced, and maintained in
Alabama. EPA has determined that portions of Alabama's SIP satisfy
certain required infrastructure elements for the 2012 Annual
PM2.5 NAAQS.
DATES: This rule will be effective October 18, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0208. 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: Tiereny Bell, 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. Bell can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS. The standard was strengthened from 15.0
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR
3086 (January 15, 2013). 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
[[Page 43488]]
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 2012 Annual PM2.5 NAAQS to EPA no later than
December 9, 2015.\1\
---------------------------------------------------------------------------
\1\ In these infrastructure SIP submissions States generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2). Throughout this rulemaking, unless otherwise
indicated, the term ``ADEM Administrative Code (Admin. Code r).''
indicates that the cited regulation has either been approved, or
submitted for approval into Alabama's federally-approved SIP. The
term ``Alabama Code'' (Ala. Code) indicates cited Alabama state
statutes, which are not a part of the SIP unless otherwise
indicated.
---------------------------------------------------------------------------
In a proposed rulemaking published on June 29, 2017 (82 FR 29448),
EPA proposed to approve portions of Alabama's December 9, 2015, SIP
submission for the 2012 Annual PM2.5 NAAQS. The details of
Alabama's submission and the rationale for EPA's actions for this final
rule are explained in the June 29, 2017, proposed rulemaking. Comments
on the proposed rulemaking were due on or before July 31, 2017. EPA
received no adverse comments.
II. Final Action
EPA is taking final action to approve Alabama's infrastructure
submission submitted on December 9, 2015, for the 2012 Annual
PM2.5 NAAQS for the infrastructure SIP requirements, with
the exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2) and visibility of section
110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of
section 110(a)(2)(E)(ii). EPA notes that the Agency is not approving
any specific rule, but rather approving that Alabama's already approved
SIP meets certain CAA requirements. With respect to the interstate
transport provisions pertaining to contribution to nonattainment or
interference with maintenance in other states of section
110(a)(2)(D)(i)(I) (prongs 1 and 2) and visibility of section
110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of
section 110(a)(2)(E)(ii). EPA will consider these requirements in
relation to Alabama's 2012 Annual PM2.5 NAAQS infrastructure
submission in a separate rulemaking. EPA is taking final action to
approve all other elements of Alabama's infrastructure SIP submissions
for the 2012 Annual PM2.5 NAAQS because the submission is
consistent with section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 November 17, 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 sec
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: September 5, 2017.
Onis ``Trey'' Glenn III,
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. In Sec. 52.50, the table in paragraph (e) is amended by adding the
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012
Annual PM2.5
[[Page 43489]]
NAAQS'' 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 provision Applicable geographic or submittal date/ EPA approval date Explanation
nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Alabama...................... 12/9/2015 9/18/2017, [insert Federal Register With the exception of
Requirements for the 2012 Annual citation]. section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2 and
4) and the state board
requirements of
section
110(a)(2)(E)(ii).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-19699 Filed 9-15-17; 8:45 am]
BILLING CODE 6560-50-P
