Air Plan Approval; Alabama: Revisions to Cross-State Air Pollution Rule, 65061-65063 [2019-25576]

Download as PDF Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules 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. Because this SIP action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law, this proposed SIP action for the State of South Carolina does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Catawba Indian Nation (CIN) Reservation is located within the boundary of York County, South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27–16–120 (Settlement Act), ‘‘all state and local environmental laws and regulations apply to the [Catawba Indian Nation] and Reservation and are fully enforceable by all relevant state and local agencies and authorities.’’ The CIN also retains authority to impose regulations applying higher environmental standards to the Reservation than those imposed by state law or local governing bodies, in accordance with the Settlement Act. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 13, 2019. Mary S. Walker, Regional Administrator, Region 4. [FR Doc. 2019–25577 Filed 11–25–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY revisions to the Alabama State Implementation Plan (SIP), submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), via two letters dated August 27, 2018, and October 25, 2018. The proposed SIP revisions make technical amendments to the State’s Cross-State Air Pollution Rule (CSAPR) regulations. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before December 26, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2019–0214 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: Steven Scofield, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Mr. Scofield can be reached via telephone at (404) 562–9034, or via electronic mail at scofield.steve@ epa.gov. 40 CFR Part 52 SUPPLEMENTARY INFORMATION: [EPA–R04–OAR–2019–0214; FRL–10002– 53–Region 4] I. What action is EPA taking? EPA is proposing to approve changes to the Alabama SIP that were provided to EPA through two letters dated August 27, 2018, and October 25, 2018.1 Specifically, EPA is proposing to approve two SIP revisions that include Air Plan Approval; Alabama: Revisions to Cross-State Air Pollution Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve SUMMARY: VerDate Sep<11>2014 17:02 Nov 25, 2019 Jkt 250001 1 EPA received ADEM’s submissions on September 7, 2018 and October 30, 2018, respectively. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 65061 changes to Alabama’s CSAPR regulations, found in ADEM Administrative Code Rules 335–3–5– .13, 335–3–8–.14, 335–3–8–.40, and 335–3–8–.46.2 Alabama’s August 27, 2018, SIP revision makes changes to ADEM’s CSAPR regulations by adding the term ‘‘Group 2’’ in several places to Rule 335–3–8–.40 to make the terminology consistent with EPA’s CSAPR NOX Ozone Season Group 2 Trading Program regulations. Alabama’s October 25, 2018, SIP revision changes the CSAPR regulations in Rules 335–3–5–.13, 335– 3–8–.14, and 335–3–8–.46 by explicitly addressing the disposition of any allowances that remain after allocations to all existing units have reached their historical emission caps as well as any allowances set aside for new units in Indian country within the State and not used for that purpose. In addition, the October 25, 2018, SIP revision makes minor and administrative changes, such as correcting typographical errors. II. Background EPA issued CSAPR in July 2011 and the CSAPR Update in September 2016 to address the requirements of CAA section 110(a)(2)(D)(i)(I) concerning interstate transport of air pollution for specific National Ambient Air Quality Standards (NAAQSs).3 Under CSAPR, large electricity generating units (EGUs) in Alabama were subject to the Federal Implementation Plan (FIP) provisions requiring the units to participate in federal allowance trading programs for annual emissions of sulfur dioxide (SO2) and annual and ozone season emissions of nitrogen oxides (NOX). CSAPR includes provisions under which states may submit for EPA approval SIP revisions to modify or replace the CSAPR FIP requirements while allowing states to continue to meet their transport-related obligations using either CSAPR’s federal emissions trading programs or state emissions trading programs integrated with the federal programs, provided that the SIP revisions meet all relevant criteria. Alabama previously submitted, and EPA has approved, SIP revisions to replace the CSAPR and CSAPR Update FIP requirements applicable to the State’s EGUs with requirements established under Alabama’s own CSAPR state 2 EPA notes that the Agency received other revisions to Alabama SIP submitted with the August 27, 2018, letter. EPA will consider action on the remaining revisions in separate actions. 3 See Federal Implementation Plans; Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 (August 8, 2011); Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, 81 FR 74504 (October 26, 2016). E:\FR\FM\26NOP1.SGM 26NOP1 65062 Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules trading program regulations. See 81 FR 59869 (August 31, 2016); 82 FR 46674 (October 6, 2017). III. Analysis of State’s Submittal Alabama’s August 27, 2018, SIP revision makes changes to the State’s CSAPR regulations by adding the term ‘‘Group 2’’ throughout Rule 335–3–8– .40. These changes were intended to make the terminology in ADEM’s Transport Rule (TR) NOX Ozone Season Group 2 Trading Program rule consistent with EPA’s CSAPR regulations. Alabama’s October 25, 2018, SIP revision makes changes to the State’s CSAPR regulations by amending Rules 335–3–8–.14 and 335–3–8–.46, in the CSAPR NOX trading rules in Chapter 335–3–8, and Rule 335- 3–5–.13, in the CSAPR SO2 trading rules in Chapter 335–3–5, to more clearly address the distribution of any allowances that may remain after allocations to all existing units have reached their historical emissions caps. These revisions ensure that Alabama’s rules contain provisions explicitly providing for the disposition of the total budget established for units in Alabama by EPA for each trading program, consistent with Alabama’s original intent in adopting its trading program regulations and with EPA’s understanding when initially approving the regulations into the SIP.4 Similarly, language was also added to Rule 335– 3–8–.14 to explicitly provide for the disposition of 13 allowances that are set aside for any new CSAPR NOX Ozone Season Group 2 units in Indian country within the State of Alabama in the event that EPA does not allocate the allowances to such units. Finally, as discussed above, addition, the October 25, 2018, SIP revision makes minor changes that do not change the substance of the regulations, such as correcting typographical errors. With the aforementioned changes, the State’s CSAPR regulations as revised remain consistent with all the applicable requirements in 40 CFR 52.38 and 52.39 for approval of CSAPR SIP revisions. EPA proposes to find that these changes to Rule 335–3–5 and Rule 335–3–8 also will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA. Therefore, EPA is proposing to approve these changes into the Alabama SIP. 4 See notices of proposed rulemaking to approve Alabama’s CSAPR state trading program regulations at 82 FR 39070 (August 17, 2017), and 81 FR 41914 (June 28, 2016). VerDate Sep<11>2014 17:02 Nov 25, 2019 Jkt 250001 IV. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference ADEM Administrative Code Rules 335– 3–5–.13, 335–3–8–.14, 335–3–8–.40, and 335–3–8–.46, which make the following revisions to Alabama’s SIP: Add the term ‘‘Group 2’’ to the State’s rules consistent with EPA’s CSAPR NOX Ozone Season Group 2 Trading Program regulations, address the disposition of any allowances that remain after allocations to all existing units have reached their historical emission caps as well as any allowances set aside for new CSAPR NOX Ozone Season Group 2 units in Indian country within Alabama and not used for that purpose, and make other minor changes. The revisions were state effective on October 5, 2018, and December 7, 2018. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Proposed Action EPA is proposing to approve changes to the Alabama SIP, that were provided to EPA through Alabama’s August 27, 2018, and October 25, 2018, SIP revisions. Specifically, EPA is proposing to approve changes to ADEM Administrative Code Rules 335–3–5– .13, 335–3–8–.14, 335–3–8–.40, and 335–3–8–.46, as described above, in order to make the terminology in Alabama’s regulations more consistent with the federal CSAPR regulations and explicitly provide for the disposition of certain allowances included in the State’s overall budgets. This action is limited to the rules currently before the Agency and does not modify any other CSAPR rules in Alabama’s SIP. VI. 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. These actions merely propose to approve state law as meeting Federal requirements and do not impose additional requirements beyond those PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 imposed by state law. For that reason, these proposed actions: • Are not significant regulatory actions 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); • Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because SIP approvals are exempted under Executive Order 12866; • Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Are certified as not having significant economic impacts on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Do not contain any unfunded mandates or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Are 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 • Do 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, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. E:\FR\FM\26NOP1.SGM 26NOP1 Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules Authority: 42 U.S.C. 7401 et seq. Dated: November 13, 2019. Mary S. Walker, Regional Administrator, Region 4. [FR Doc. 2019–25576 Filed 11–25–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2019–0399, FRL–10002– 59–Region 2] Approval of Air Quality Implementation Plans; New Jersey; Gasoline Vapor Recovery Requirements Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency proposes to approve a revision to the New Jersey State Implementation Plan for ozone National Ambient Air Quality Standard which includes regulatory amendments relevant to the New Jersey Department of Environmental Protection’s requirements for Stage I and Stage II vapor recovery systems at gasoline dispensing facilities: Upgrades to Stage I controls for tank breathing and refueling systems; decommissioning existing Stage II systems incompatible with onboard refueling vapor recovery systems on or before December 23, 2020 with a demonstration that such removal is consistent with the Clean Air Act and EPA Guidance; and allowing for continued use of existing onboard refueling vapor recovery-compatible Stage II systems if facilities maintain the systems, including compliance with required testing, to ensure proper working order. The amendments also require installation of enhanced conventional dripless nozzles and low permeation hoses as part of decommissioning existing Stage II systems or as maintenance. The intended effect of the amendments is to propose approval of New Jersey’s revised vapor recovery regulations. New Jersey’s comprehensive submittal also included changes in amendments for its air permitting program and t-butyl acetate emission reporting requirements, however, the EPA will be acting on these amendments under a separate action. DATES: Comments must be received on or before December 26, 2019. ADDRESSES: Submit your comments, identified by Docket ID number EPA– R02–OAR–2019–0399, at https:// SUMMARY: VerDate Sep<11>2014 17:02 Nov 25, 2019 Jkt 250001 www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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: Linda Longo, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007– 1866, (212) 637–3565, or by email at longo.linda@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. What is being addressed in this document? II. What is the background of this action as it relates to Stage II vapor recovery? III. What is the background of this action as it relates to Stage I vapor recovery? IV. What is EPA’s analysis of New Jersey’s submission? V. What are the relevant CAA requirements for this SIP revision? a. CAA Section 110(l) Non-Interference Measure b. CAA Section 184(b)(2) Comparable Measure c. CAA Section 193 Anti-Backsliding VI. What action is EPA proposing to take? VII. Incorporation by Reference VIII. Statutory and Executive Order Reviews I. What is being addressed in this document? Stage I and Stage II vapor recovery systems at gasoline dispensing facilities (GDFs) control hydrocarbon vapors, such as volatile organic compounds (VOC), at the point of the delivery truck’s dispensing gasoline to storage tanks (Stage I) and during the refueling of motor vehicles (Stage II). Stage I vapor recovery systems (Stage I Systems), which have been in place nationwide since the 1970s, route displaced vapors back to the delivery PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 65063 truck (through either a dual-point or a single-point delivery and vent system) during unloading of gasoline from the truck to the storage tank. A dual-point system utilizes two hoses: One to deliver the product and the other to return the vapors back to the tanker truck with rotatable adapters located on the product port and the vapor port. A single-point vapor recovery system utilizes one co-axial hose that is essentially a hose within a hose, allowing product to enter and vapors to exit at the same time. Stage II vapor recovery systems (Stage II Systems) have been required in New Jersey since 1988. They utilize nozzles and hoses, installed on the GDF dispenser, that capture the fuel vapors from the gas tank of the refueling vehicle and return the vapors to the underground or aboveground storage tank via underground piping to prevent vapors from escaping to the atmosphere. GDFs in New Jersey employ two types of Stage II Systems—vacuum-assist and vapor balance systems. Vacuum-assist systems rely on a vacuum pump in the dispensing nozzle to move vapors from the vehicle into the GDF storage tank. Vapor balance systems transfer vapors from the vehicle to the storage tank based on pressure differential. Vacuumassist systems work best with vehicles that are not equipped with technology to capture hydrocarbon emission inside the vehicle. Onboard refueling vapor recovery (ORVR) systems, a type of hydrocarbon emission control technology, is a carbon canister installed in automobiles to capture fuel vapors evacuated from the vehicle gasoline tank before those vapors reach the GDF pump nozzle. The ORVR captures and holds the vapors until they are combusted in the engine during operation. Incompatibility between the ORVR and vacuum-assist Stage II Systems could result in excess emissions from the GDF storage tank. Such an incompatibility could result from the ORVR’s causing the vacuum pump on the nozzle to pump air rather than gasoline vapors back to the GDF storage tank. Vapor return to the GDF can lead to vapor growth, overpressurization of the GDF storage tank, and potentially excess emissions. Thus, Stage II vapor recovery programs have become largely redundant and potentially incompatible controls. As such, the continued use of Stage II Systems achieves a declining emission reduction as an increasing proportion of the on-road motor vehicle fleet in New Jersey comprise of ORVR-equipped vehicles. To address the potential incompatibility, some GDFs have E:\FR\FM\26NOP1.SGM 26NOP1

Agencies

[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65061-65063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0214; FRL-10002-53-Region 4]


Air Plan Approval; Alabama: Revisions to Cross-State Air 
Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Alabama State Implementation Plan (SIP), 
submitted by the State of Alabama, through the Alabama Department of 
Environmental Management (ADEM), via two letters dated August 27, 2018, 
and October 25, 2018. The proposed SIP revisions make technical 
amendments to the State's Cross-State Air Pollution Rule (CSAPR) 
regulations. This action is being taken pursuant to the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before December 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0214 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: Steven Scofield, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Scofield can be 
reached via telephone at (404) 562-9034, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    EPA is proposing to approve changes to the Alabama SIP that were 
provided to EPA through two letters dated August 27, 2018, and October 
25, 2018.\1\ Specifically, EPA is proposing to approve two SIP 
revisions that include changes to Alabama's CSAPR regulations, found in 
ADEM Administrative Code Rules 335-3-5-.13, 335-3-8-.14, 335-3-8-.40, 
and 335-3-8-.46.\2\
---------------------------------------------------------------------------

    \1\ EPA received ADEM's submissions on September 7, 2018 and 
October 30, 2018, respectively.
    \2\ EPA notes that the Agency received other revisions to 
Alabama SIP submitted with the August 27, 2018, letter. EPA will 
consider action on the remaining revisions in separate actions.
---------------------------------------------------------------------------

    Alabama's August 27, 2018, SIP revision makes changes to ADEM's 
CSAPR regulations by adding the term ``Group 2'' in several places to 
Rule 335-3-8-.40 to make the terminology consistent with EPA's CSAPR 
NOX Ozone Season Group 2 Trading Program regulations. 
Alabama's October 25, 2018, SIP revision changes the CSAPR regulations 
in Rules 335-3-5-.13, 335-3-8-.14, and 335-3-8-.46 by explicitly 
addressing the disposition of any allowances that remain after 
allocations to all existing units have reached their historical 
emission caps as well as any allowances set aside for new units in 
Indian country within the State and not used for that purpose. In 
addition, the October 25, 2018, SIP revision makes minor and 
administrative changes, such as correcting typographical errors.

II. Background

    EPA issued CSAPR in July 2011 and the CSAPR Update in September 
2016 to address the requirements of CAA section 110(a)(2)(D)(i)(I) 
concerning interstate transport of air pollution for specific National 
Ambient Air Quality Standards (NAAQSs).\3\ Under CSAPR, large 
electricity generating units (EGUs) in Alabama were subject to the 
Federal Implementation Plan (FIP) provisions requiring the units to 
participate in federal allowance trading programs for annual emissions 
of sulfur dioxide (SO2) and annual and ozone season 
emissions of nitrogen oxides (NOX). CSAPR includes 
provisions under which states may submit for EPA approval SIP revisions 
to modify or replace the CSAPR FIP requirements while allowing states 
to continue to meet their transport-related obligations using either 
CSAPR's federal emissions trading programs or state emissions trading 
programs integrated with the federal programs, provided that the SIP 
revisions meet all relevant criteria. Alabama previously submitted, and 
EPA has approved, SIP revisions to replace the CSAPR and CSAPR Update 
FIP requirements applicable to the State's EGUs with requirements 
established under Alabama's own CSAPR state

[[Page 65062]]

trading program regulations. See 81 FR 59869 (August 31, 2016); 82 FR 
46674 (October 6, 2017).
---------------------------------------------------------------------------

    \3\ See Federal Implementation Plans; Interstate Transport of 
Fine Particulate Matter and Ozone and Correction of SIP Approvals, 
76 FR 48208 (August 8, 2011); Cross-State Air Pollution Rule Update 
for the 2008 Ozone NAAQS, 81 FR 74504 (October 26, 2016).
---------------------------------------------------------------------------

III. Analysis of State's Submittal

    Alabama's August 27, 2018, SIP revision makes changes to the 
State's CSAPR regulations by adding the term ``Group 2'' throughout 
Rule 335-3-8-.40. These changes were intended to make the terminology 
in ADEM's Transport Rule (TR) NOX Ozone Season Group 2 
Trading Program rule consistent with EPA's CSAPR regulations.
    Alabama's October 25, 2018, SIP revision makes changes to the 
State's CSAPR regulations by amending Rules 335-3-8-.14 and 335-3-
8-.46, in the CSAPR NOX trading rules in Chapter 335-3-8, 
and Rule 335- 3-5-.13, in the CSAPR SO2 trading rules in 
Chapter 335-3-5, to more clearly address the distribution of any 
allowances that may remain after allocations to all existing units have 
reached their historical emissions caps. These revisions ensure that 
Alabama's rules contain provisions explicitly providing for the 
disposition of the total budget established for units in Alabama by EPA 
for each trading program, consistent with Alabama's original intent in 
adopting its trading program regulations and with EPA's understanding 
when initially approving the regulations into the SIP.\4\ Similarly, 
language was also added to Rule 335-3-8-.14 to explicitly provide for 
the disposition of 13 allowances that are set aside for any new CSAPR 
NOX Ozone Season Group 2 units in Indian country within the 
State of Alabama in the event that EPA does not allocate the allowances 
to such units. Finally, as discussed above, addition, the October 25, 
2018, SIP revision makes minor changes that do not change the substance 
of the regulations, such as correcting typographical errors.
---------------------------------------------------------------------------

    \4\ See notices of proposed rulemaking to approve Alabama's 
CSAPR state trading program regulations at 82 FR 39070 (August 17, 
2017), and 81 FR 41914 (June 28, 2016).
---------------------------------------------------------------------------

    With the aforementioned changes, the State's CSAPR regulations as 
revised remain consistent with all the applicable requirements in 40 
CFR 52.38 and 52.39 for approval of CSAPR SIP revisions. EPA proposes 
to find that these changes to Rule 335-3-5 and Rule 335-3-8 also will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the CAA. Therefore, EPA is proposing to 
approve these changes into the Alabama SIP.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference ADEM Administrative Code Rules 335-3-5-.13, 335-3-8-.14, 335-
3-8-.40, and 335-3-8-.46, which make the following revisions to 
Alabama's SIP: Add the term ``Group 2'' to the State's rules consistent 
with EPA's CSAPR NOX Ozone Season Group 2 Trading Program 
regulations, address the disposition of any allowances that remain 
after allocations to all existing units have reached their historical 
emission caps as well as any allowances set aside for new CSAPR 
NOX Ozone Season Group 2 units in Indian country within 
Alabama and not used for that purpose, and make other minor changes. 
The revisions were state effective on October 5, 2018, and December 7, 
2018. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 4 
office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

V. Proposed Action

    EPA is proposing to approve changes to the Alabama SIP, that were 
provided to EPA through Alabama's August 27, 2018, and October 25, 
2018, SIP revisions. Specifically, EPA is proposing to approve changes 
to ADEM Administrative Code Rules 335-3-5-.13, 335-3-8-.14, 335-3-
8-.40, and 335-3-8-.46, as described above, in order to make the 
terminology in Alabama's regulations more consistent with the federal 
CSAPR regulations and explicitly provide for the disposition of certain 
allowances included in the State's overall budgets. This action is 
limited to the rules currently before the Agency and does not modify 
any other CSAPR rules in Alabama's SIP.

VI. 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. These actions merely 
propose to approve state law as meeting Federal requirements and do not 
impose additional requirements beyond those imposed by state law. For 
that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having significant economic impacts 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandates or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.


[[Page 65063]]


    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-25576 Filed 11-25-19; 8:45 am]
BILLING CODE 6560-50-P
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