Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan for the 2006 24-Hour PM2.5 NAAQS, 7289-7291 [2024-02078]
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations
vessels, and the marine environment
from potential explosion within the
explosive arc. The regulation for this
safety zone, § 165.1198, specifies the
location of the safety zone which
encompasses the navigable waters in the
area between 500 yards of MOTCO Pier
in position 38°03′30″ N, 122°01′14″ W
and 3,000 yards of the pier. During the
enforcement period, as reflected in
§ 165.1198(d), if you are the operator of
a vessel in the regulated area you must
comply with the instruction of the
COTP or the designated on-scene patrol
personnel. Vessel operators desiring to
anchor or otherwise loiter within the
safety zone must contact Sector San
Francisco Vessel Traffic Service at 415–
556–2760 or VHF Channel 14 to obtain
permission.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via marine information broadcasts.
Dated: January 29, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2024–02127 Filed 2–1–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0367; FRL–11573–
02–R4]
Air Plan Approval; Alabama;
Birmingham Limited Maintenance Plan
for the 2006 24-Hour PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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DATES:
This rule is effective March 4,
2024.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0367. All documents in the docket
are listed on the www.regulations.gov
website. 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 and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is finalizing the approval
of a State Implementation Plan (SIP)
revision submitted by the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM), via a letter dated
February 2, 2021. The SIP revision
includes the 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS)
Limited Maintenance Plan (LMP) for the
Birmingham, Alabama maintenance area
(Birmingham Area or Area). The
Birmingham 2006 24-hour PM2.5
maintenance area is comprised of
Jefferson County, Shelby County, and a
portion of Walker County. EPA is
approving the Birmingham Area LMP
because it provides for the maintenance
SUMMARY:
of the 2006 24-hour PM2.5 NAAQS
within the Birmingham Area through
the end of the second 10-year portion of
the maintenance period. The effect of
this action would be to make certain
commitments related to maintenance of
the 2006 24-hour PM2.5 NAAQS in
Birmingham federally enforceable as
part of the Alabama SIP. EPA is also
notifying the public of the status of
EPA’s adequacy determination,
consistent with the requirements in the
transportation conformity rule, for this
LMP.
Dianna Myers, 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.
The telephone number is (404) 562–
9207. Ms. Myers can also be reached via
electronic mail at myers.dianna@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act
(CAA or Act), EPA is approving the
Birmingham LMP for the 2006 24-hour
PM2.5 NAAQS, adopted by ADEM on
February 2, 2021, and submitted by
ADEM as a revision to the Alabama SIP
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7289
under a cover letter with the same date.1
On November 13, 2009, EPA
promulgated designations for the 2006
24-hour PM2.5 NAAQS, designating the
Birmingham Area, which includes
Jefferson County, Shelby County, and a
portion of Walker County, as
nonattainment for the 2006 24-hour
PM2.5 NAAQS based upon air quality
data for calendar years 2006 through
2008. See 74 FR 58688. Subsequently,
on January 25, 2013, EPA approved the
Birmingham Area’s maintenance plan
and the State’s request to redesignate
the Birmingham Area to attainment for
the 2006 24-hour PM2.5 NAAQS. See 78
FR 5306.
The Birmingham LMP for the 2006
24-hour PM2.5 NAAQS is designed to
maintain the 2006 24-hour PM2.5
NAAQS within Birmingham through the
end of the second 10-year portion of the
maintenance period beyond
redesignation or 2034. EPA is approving
the plan because it meets all applicable
requirements under CAA sections 110
and 175A. As a general matter, the
Birmingham LMP for the 2006 24-hour
PM2.5 NAAQS relies on the same control
measures and similar contingency
provisions to maintain the 2006 24-hour
PM2.5 NAAQS during the second 10year portion of the maintenance period
as the maintenance plan submitted by
ADEM for the first 10-year period.
In a notice of proposed rulemaking
(NPRM) published on December 13,
2023 (88 FR 86303), EPA proposed to
approve the Birmingham LMP because
the State made a showing, consistent
with EPA’s LMP guidance, that the
Birmingham Area’s PM2.5
concentrations are well below the 2006
24-hour PM2.5 NAAQS, have been
historically stable, and that it has met
all other maintenance plan
requirements. The details of Alabama’s
submission and the rationale for EPA’s
action are explained further in the
December 13, 2023, NPRM. Comments
on the December 13, 2023, NPRM were
due on or before January 12, 2024. No
comments were received on the NPRM,
adverse or otherwise.
II. Final Action
In accordance with sections 110(k)
and 175A of the CAA, and for the
reasons set forth above and in the
NPRM, EPA is finalizing its approval of
the Birmingham Area LMP for the 2006
24-hour PM2.5 NAAQS, submitted by
ADEM on February 2, 2021, as a
revision to the Alabama SIP. EPA is
finalizing the approval of the
Birmingham Area LMP because it
1 EPA notes the Agency received the submittal on
February 17, 2021.
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations
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includes an acceptable update of the
various elements of the 2006 24-hour
PM2.5 NAAQS maintenance plan
approved by EPA for the first 10-year
period (including emissions inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions), and
retains the relevant provisions of the
SIP.
EPA also finds that the Birmingham
Area qualifies for the LMP option and
adequately demonstrates maintenance
of the 2006 24-hour PM2.5 NAAQS
through documentation of monitoring
data showing maximum 24-hour PM2.5
levels well below the NAAQS
(including, as explained the NPRM,
average design values below the critical
design values), the historically stable
design values, and the continuation of
existing control measures. EPA finds the
Birmingham Area’s 2006 24-hour PM2.5
LMP to be sufficient to provide for
maintenance of the 2006 24-hour PM2.5
NAAQS in the Birmingham Area over
the second 10-year maintenance period,
through 2034, and thereby satisfy the
requirements for such a plan under CAA
section 175A(b).
EPA is approving this second 10-year
LMP and notifying the public that EPA
finds the LMP adequate for
transportation conformity purposes
because it meets the adequacy criteria in
40 CFR 93.118(e)(4). After 2024, the
motor vehicle emissions in the
Birmingham Area may be treated as
essentially not constraining for the
second 10-year maintenance period
because EPA concludes that it is
unreasonable to expect that the area will
experience enough motor vehicle
emissions growth that a violation of the
PM2.5 NAAQS would result. Therefore,
all actions for transportation plans and
transportation improvement programs
that would require a transportation
conformity determination for the
Birmingham 2006 24-hour PM2.5
maintenance area under EPA’s
transportation conformity rule
provisions are considered to have
already satisfied the regional emissions
analysis and ‘‘budget test’’ requirements
in 40 CFR 93.118. See 40 CFR 93.109(e).
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 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 Clean Air Act. Accordingly, this
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15:16 Feb 01, 2024
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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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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 Clean Air Act.
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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
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and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
ADEM did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 2, 2024.
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 oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 29, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
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Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Maintenance Plan) for the Birmingham
Area’’ at the end of the table to read as
follows:
Subpart B—Alabama
2. In § 52.50(e), amend the table by
adding an entry for ‘‘2006 24-hour PM2.5
Second Maintenance Plan (Limited
■
1. The authority citation for part 52
continues to read as follows:
■
7291
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
Name of nonregulatory SIP provision
*
*
2006 24-hour PM2.5 Second Maintenance Plan
(Limited Maintenance Plan) for the Birmingham Area.
[FR Doc. 2024–02078 Filed 2–1–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2022–0868; FRL–11673–01–
OCSPP]
Saflufenacil; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
*
Birmingham PM2.5 Maintenance Area.
Public Reading Room and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code 112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS code
32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
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EPA approval date
*
2/2/2021
I. General Information
This regulation establishes
tolerances for residues of saflufenacil in
or on corn, field, forage; corn, field,
stover; and corn, field, milled
byproducts; and amends the existing
commodity definition for Crop Group 16
to Crop Group 16–22. BASF Corporation
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
February 2, 2024. Objections and
requests for hearings must be received
on or before April 2, 2024, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0868, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
SUMMARY:
State
submittal date/
effective date
*
2/2/2024, [Insert citation of
publication].
Explanation
*
......................
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2022–0868 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before April
2, 2024. Addresses for mail and hand
delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2022–0868, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets.
Additional instructions on
commenting or visiting the docket,
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]]>Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Rules and Regulations]
[Pages 7289-7291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02078]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0367; FRL-11573-02-R4]
Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan
for the 2006 24-Hour PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), via a letter dated February 2, 2021. The SIP
revision includes the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS)
Limited Maintenance Plan (LMP) for the Birmingham, Alabama maintenance
area (Birmingham Area or Area). The Birmingham 2006 24-hour
PM2.5 maintenance area is comprised of Jefferson County,
Shelby County, and a portion of Walker County. EPA is approving the
Birmingham Area LMP because it provides for the maintenance of the 2006
24-hour PM2.5 NAAQS within the Birmingham Area through the
end of the second 10-year portion of the maintenance period. The effect
of this action would be to make certain commitments related to
maintenance of the 2006 24-hour PM2.5 NAAQS in Birmingham
federally enforceable as part of the Alabama SIP. EPA is also notifying
the public of the status of EPA's adequacy determination, consistent
with the requirements in the transportation conformity rule, for this
LMP.
DATES: This rule is effective March 4, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0367. All documents in the docket
are listed on the www.regulations.gov website. 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 and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that 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: Dianna Myers, 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. The telephone number is
(404) 562-9207. Ms. Myers can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Birmingham LMP for the 2006 24-hour PM2.5 NAAQS, adopted
by ADEM on February 2, 2021, and submitted by ADEM as a revision to the
Alabama SIP under a cover letter with the same date.\1\ On November 13,
2009, EPA promulgated designations for the 2006 24-hour
PM2.5 NAAQS, designating the Birmingham Area, which includes
Jefferson County, Shelby County, and a portion of Walker County, as
nonattainment for the 2006 24-hour PM2.5 NAAQS based upon
air quality data for calendar years 2006 through 2008. See 74 FR 58688.
Subsequently, on January 25, 2013, EPA approved the Birmingham Area's
maintenance plan and the State's request to redesignate the Birmingham
Area to attainment for the 2006 24-hour PM2.5 NAAQS. See 78
FR 5306.
---------------------------------------------------------------------------
\1\ EPA notes the Agency received the submittal on February 17,
2021.
---------------------------------------------------------------------------
The Birmingham LMP for the 2006 24-hour PM2.5 NAAQS is
designed to maintain the 2006 24-hour PM2.5 NAAQS within
Birmingham through the end of the second 10-year portion of the
maintenance period beyond redesignation or 2034. EPA is approving the
plan because it meets all applicable requirements under CAA sections
110 and 175A. As a general matter, the Birmingham LMP for the 2006 24-
hour PM2.5 NAAQS relies on the same control measures and
similar contingency provisions to maintain the 2006 24-hour
PM2.5 NAAQS during the second 10-year portion of the
maintenance period as the maintenance plan submitted by ADEM for the
first 10-year period.
In a notice of proposed rulemaking (NPRM) published on December 13,
2023 (88 FR 86303), EPA proposed to approve the Birmingham LMP because
the State made a showing, consistent with EPA's LMP guidance, that the
Birmingham Area's PM2.5 concentrations are well below the
2006 24-hour PM2.5 NAAQS, have been historically stable, and
that it has met all other maintenance plan requirements. The details of
Alabama's submission and the rationale for EPA's action are explained
further in the December 13, 2023, NPRM. Comments on the December 13,
2023, NPRM were due on or before January 12, 2024. No comments were
received on the NPRM, adverse or otherwise.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth above and in the NPRM, EPA is finalizing its approval
of the Birmingham Area LMP for the 2006 24-hour PM2.5 NAAQS,
submitted by ADEM on February 2, 2021, as a revision to the Alabama
SIP. EPA is finalizing the approval of the Birmingham Area LMP because
it
[[Page 7290]]
includes an acceptable update of the various elements of the 2006 24-
hour PM2.5 NAAQS maintenance plan approved by EPA for the
first 10-year period (including emissions inventory, assurance of
adequate monitoring and verification of continued attainment, and
contingency provisions), and retains the relevant provisions of the
SIP.
EPA also finds that the Birmingham Area qualifies for the LMP
option and adequately demonstrates maintenance of the 2006 24-hour
PM2.5 NAAQS through documentation of monitoring data showing
maximum 24-hour PM2.5 levels well below the NAAQS
(including, as explained the NPRM, average design values below the
critical design values), the historically stable design values, and the
continuation of existing control measures. EPA finds the Birmingham
Area's 2006 24-hour PM2.5 LMP to be sufficient to provide
for maintenance of the 2006 24-hour PM2.5 NAAQS in the
Birmingham Area over the second 10-year maintenance period, through
2034, and thereby satisfy the requirements for such a plan under CAA
section 175A(b).
EPA is approving this second 10-year LMP and notifying the public
that EPA finds the LMP adequate for transportation conformity purposes
because it meets the adequacy criteria in 40 CFR 93.118(e)(4). After
2024, the motor vehicle emissions in the Birmingham Area may be treated
as essentially not constraining for the second 10-year maintenance
period because EPA concludes that it is unreasonable to expect that the
area will experience enough motor vehicle emissions growth that a
violation of the PM2.5 NAAQS would result. Therefore, all
actions for transportation plans and transportation improvement
programs that would require a transportation conformity determination
for the Birmingham 2006 24-hour PM2.5 maintenance area under
EPA's transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118. See 40 CFR 93.109(e).
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 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 Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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 Clean Air Act.
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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
ADEM did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 2, 2024. 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 oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: January 29, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
[[Page 7291]]
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(e), amend the table by adding an entry for ``2006 24-
hour PM2.5 Second Maintenance Plan (Limited Maintenance
Plan) for the Birmingham Area'' at the end of the table to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP Applicable geographic date/ effective EPA approval date Explanation
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2006 24-hour PM2.5 Second Birmingham PM2.5 2/2/2021 2/2/2024, [Insert ............
Maintenance Plan (Limited Maintenance Area. citation of
Maintenance Plan) for the publication].
Birmingham Area.
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[FR Doc. 2024-02078 Filed 2-1-24; 8:45 am]
BILLING CODE 6560-50-P
