80 FR 17689 - Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 63 (April 2, 2015)
Federal Register Volume 80, Issue 63 (April 2, 2015)
| Page Range | 17689-17692 | |
| FR Document | 2015-07349 |
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)] [Rules and Regulations] [Pages 17689-17692] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07349] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2012-0689; FRL-9925-53-Region 4] Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve in part and disapprove in part, the August 20, 2012, State Implementation Plan (SIP) submission, provided by the Alabama Department of Environmental Management (ADEM) for inclusion into the Alabama SIP. This final rulemaking pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP submission. ADEM certified that the Alabama SIP contains provisions that ensure the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in Alabama. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, interstate transport, and visibility protection requirements for which EPA is taking no action in this rulemaking, and provisions respecting state boards for which EPA is taking action to disapprove, EPA is taking final action to approve Alabama's infrastructure SIP submission provided to EPA on August 20, 2012, as satisfying the required infrastructure elements for the 2008 8-hour ozone NAAQS. DATES: This rule will be effective May 4, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0689. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information 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 (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the Air Planning 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: Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for that new NAAQS. Section 110(a) of the CAA generally requires states to make a SIP submission to meet applicable requirements in order to provide for the implementation, maintenance, and enforcement of a new or revised NAAQS within three years following the promulgation of such NAAQS, or within such shorter period as EPA may prescribe. These SIP submissions are commonly referred to [[Page 17690]] as ``infrastructure'' SIP submissions. Section 110(a) imposes the obligation upon states to make an infrastructure SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the infrastructure SIP for a new or revised NAAQS affect the content of the submission. The contents of such infrastructure SIP submissions may also vary depending upon what provisions the state's existing SIP already contains. In the case of the 2008 8-hour ozone NAAQS, states typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with previous ozone NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for infrastructure SIP requirements related to a newly established or revised NAAQS. As mentioned above, these requirements include basic structural SIP elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. The requirements of section 110(a)(2) are summarized below and in EPA's September 13, 2013, memorandum entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).'' \1\ --------------------------------------------------------------------------- \1\ Two elements identified in section 110(a)(2) are not governed by the three year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation of a new or revised NAAQS, but rather due at the time the nonattainment area plan requirements are due pursuant to other provisions of the CAA for submission of SIP revisions specifically applicable for attainment planning purposes. These requirements are: (1) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part D Title I of the CAA; and (2) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA. Today's proposed rulemaking does not address infrastructure elements related to section 110(a)(2)(I) or the nonattainment planning requirements of 110(a)(2)(C). ---------------------------------------------------------------------------110(a)(2)(A): Emission Limits and Other Control Measures 110(a)(2)(B): Ambient Air Quality Monitoring/Data System 110(a)(2)(C): Programs for Enforcement of Control Measures and for Construction or Modification of Stationary Sources \2\ --------------------------------------------------------------------------- \2\ This rulemaking only addresses requirements for this element as they relate to attainment areas. --------------------------------------------------------------------------- 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport 110(a)(2)(D)(ii): Interstate Pollution Abatement and International Air Pollution 110(a)(2)(E): Adequate Resources and Authority, Conflict of Interest, and Oversight of Local Governments and Regional Agencies 110(a)(2)(F): Stationary Source Monitoring and Reporting 110(a)(2)(G): Emergency Powers 110(a)(2)(H): SIP revisions 110(a)(2)(I): Plan Revisions for Nonattainment Areas \3\ --------------------------------------------------------------------------- \3\ As mentioned above, this element is not relevant to today's rulemaking. --------------------------------------------------------------------------- 110(a)(2)(J): Consultation with Government Officials, Public Notification, and Prevention of Significant Deterioration (PSD) and Visibility Protection 110(a)(2)(K): Air Quality Modeling and Submission of Modeling Data 110(a)(2)(L): Permitting fees 110(a)(2)(M): Consultation and Participation by Affected Local Entities On January 21, 2015, EPA proposed to approve in part and disapprove in part, Alabama's August 20, 2012, 2008 8-hour ozone NAAQS infrastructure SIP submission with the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C) and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility requirements of section 110(a)(2)(J), which EPA will address in a separate action. EPA also proposed to disapprove Alabama's infrastructure submission for section 110(a)(2)(E)(ii) pertaining to state board requirements. See 80 FR 2851. II. EPA's Response to Comments EPA received one comment on its January 21, 2015, proposed action. Comment: The commenter suggests that the EPA official who signed the proposed SIP approval/disapproval, the Deputy Regional Administrator for Region 4, was not delegated to sign SIP actions. EPA's Response: The commenter is incorrect. Under CAA section 110(k) the EPA Administrator is tasked with acting on SIP submittals by approving or disapproving the submittal in whole or in part. It is the EPA's policy that, in order for other Agency management officials to act on behalf of the Administrator, the authority must be delegated officially. These official delegations are recorded in the ``EPA Delegations Manual.'' Under EPA Delegation 1-21. Federal Register (1200 TN 543, 4/22/2002), the EPA Administrator has delegated the authority to sign and submit proposed actions on SIPs for publication in the Federal Register to the Assistant Administrator for Air and Radiation and to Regional Administrators. This delegation allows for this authority to be redelegated to the Deputies of the authorized officials. Based on the authority to redelegate provided in Delegation 1-21, EPA Region 4 redelegated the authority to sign and submit for publication in the Federal Register proposed SIPs to the Deputy Regional Administrator (See EPA Region 4 Delegation 1-21). Therefore, an appropriate EPA official, the Region 4 Deputy Regional Administrator, signed and submitted the proposal to approve in part and disapprove in part Alabama's August 20, 2012, infrastructure SIP submission. Of note, an earlier Delegation 7-10. Approval/Disapproval of State Implementation Plans (1200 TN 441, 5/6/97) did not allow redelegation of the authority to act on proposed SIP actions beyond the Regional Administrator. Since Delegation 1-21 post-dates 7-10 and specifically addresses the authority at issue, the authority to sign and submit proposed actions on SIPs for publication in the Federal Register, it is the applicable delegation. Delegation 1-21 does not change the limitation on redelegation beyond the Regional Administrator found in Delegation 7-10 for final actions on SIPs. III. Final Action With the exceptions described below, EPA is taking final action to approve ADEM's infrastructure SIP submission, submitted August 20, 2012, for the 2008 8-hour ozone NAAQS because it meets the above described infrastructure SIP requirements. EPA is disapproving in part section 110(a)(2)(E)(ii) of Alabama's infrastructure submission because Alabama's August 20, 2012, submission did not contain provisions to comply with the requirements of section 128 of the CAA for state boards. This final approval in part and disapproval in part, however, does not include the PSD permitting requirements for major sources of section 110(a)(2)(C) and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility requirements of section 110(a)(2)(J), which are being addressed by EPA in a separate action. With the exceptions noted above Alabama has addressed the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to section 110 of the CAA to ensure that the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in Alabama. [[Page 17691]] IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 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). 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 June 1, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 19, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart B--Alabama 0 2. Section 52.50(e) is amended by adding a new entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards'' at the end of the table to read as follows: Sec. 52.50 Identification of plan. * * * * * (e) * * * EPA Approved Alabama Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State provision nonattainment submittal date/ EPA approval date Explanation area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 7/17/2012 4/2/2015 [Insert citation of With the exception of Requirements for the 2008 8-Hour publication]. PSD permitting Ozone National Ambient Air requirements for major Quality Standards. sources of sections 110(a)(2)(C) and (J); interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II), 110(a)(2)(E)(ii), and the visibility requirements of section 110(a)(2)(J). ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.53 is amended by adding paragraph (a), and adding and reserving paragraph (b), to read as follows: Sec. 52.53 Approval status. * * * * * (a) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on August 20, 2012, to address the Clean Air Act (CAA) section 110(a)(2)(E)(ii) for the 2008 8-hour Ozone National Ambient Air Quality Standards concerning state board requirements. EPA is disapproving section 110(a)(2)(E)(ii) of ADEM's submittal because the Alabama SIP lacks provisions respecting state [[Page 17692]] boards per section 128 of the CAA for the 2008 8-hour Ozone National Ambient Air Quality Standards. (b) [Reserved] [FR Doc. 2015-07349 Filed 4-1-15; 8:45 am] BILLING CODE 6560-50-P
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14. Environment this part, vessels are prohibited from infrastructure elements for the 2008 8-
We have analyzed this rule under entering into, transiting through, or hour ozone NAAQS.
Department of Homeland Security anchoring within the designated area DATES: This rule will be effective May 4,
Management Directive 023–01 and unless authorized by the Captain of the 2015.
Commandant Instruction M16475.lD, Port or her designated representative. ADDRESSES: EPA has established a
which guide the Coast Guard in Sector Los Angeles—Long Beach may be docket for this action under Docket
complying with the National contacted on VHF–FM Channel 16 or Identification No. EPA–R04–OAR–
Environmental Policy Act of 1969 310–521–3801. 2012–0689. All documents in the docket
(NEPA) (42 U.S.C. 4321–4370f), and Dated: March 13, 2015. are listed on the www.regulations.gov
have determined that this action is one J.F. Williams, Web site. Although listed in the index,
of a category of actions that do not Captain, U.S. Coast Guard, Captain of the some information is not publicly
individually or cumulatively have a Port Los Angeles—Long Beach. available, i.e., Confidential Business
significant effect on the human [FR Doc. 2015–07595 Filed 4–1–15; 8:45 am] Information or other information whose
environment. This rule is categorically BILLING CODE 9110–04–P
disclosure is restricted by statute.
excluded from further review under Certain other material, such as
paragraph 34(g) of Figure 2–1 of the copyrighted material, is not placed on
Commandant Instruction. An the Internet and will be publicly
ENVIRONMENTAL PROTECTION available only in hard copy form.
environmental analysis checklist AGENCY
supporting this determination and a Publicly available docket materials are
Categorical Exclusion Determination are 40 CFR Part 52 available either electronically through
available in the docket where indicated www.regulations.gov or in hard copy at
[EPA–R04–OAR–2012–0689; FRL–9925–53– the Air Regulatory Management Section
under ADDRESSES. We seek any
Region 4] (formerly the Regulatory Development
comments or information that may lead
to the discovery of a significant Section), Air Planning and
Approval and Promulgation of
environmental impact from this rule. Implementation Branch (formerly the
Implementation Plans; Alabama;
Air Planning Branch), Air, Pesticides
List of Subjects in 33 CFR Part 165 Infrastructure Requirements for the
and Toxics Management Division, U.S.
2008 8-Hour Ozone National Ambient
Harbors, Marine safety, Navigation Environmental Protection Agency,
Air Quality Standards
(water), Reporting and record keeping Region 4, 61 Forsyth Street SW.,
requirements, Security measures, AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. EPA
Waterways. Agency. requests that if at all possible, you
For the reasons discussed in the ACTION: Final rule. contact the person listed in the FOR
preamble, the Coast Guard amends 33 FURTHER INFORMATION CONTACT section to
CFR part 165 as follows: SUMMARY: The Environmental Protection schedule your inspection. The Regional
Agency (EPA) is taking final action to Office’s official hours of business are
PART 165—REGULATED NAVIGATION approve in part and disapprove in part, Monday through Friday, 8:30 a.m. to
AREAS AND LIMITED ACCESS AREAS the August 20, 2012, State 4:30 p.m. excluding Federal holidays.
Implementation Plan (SIP) submission, FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 165 provided by the Alabama Department of Nacosta C. Ward, Air Regulatory
continues to read as follows: Environmental Management (ADEM) for Management Section, Air Planning and
Authority: 33 U.S.C. 1231; 46 U.S.C. inclusion into the Alabama SIP. This Implementation Branch, Air, Pesticides
Chapter 701; 50 U.S.C. 191, 195; 33 CFR final rulemaking pertains to the Clean and Toxics Management Division, U.S.
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. Air Act (CAA or the Act) infrastructure Environmental Protection Agency,
107–295, 1.16 Stat. 2064; Department of requirements for the 2008 8-hour ozone Region 4, 61 Forsyth Street SW.,
Homeland Security Delegation No. 0170.1. national ambient air quality standards Atlanta, Georgia 30303–8960. The
■ 2. Add § 165.T11–687 to read as (NAAQS). The CAA requires that each telephone number is (404) 562–9140.
follows: state adopt and submit a SIP for the Ms. Ward can be reached via electronic
implementation, maintenance and mail at ward.nacosta@epa.gov.
§ 165.T11–687 Safety Zone: Tesoro enforcement of each NAAQS SUPPLEMENTARY INFORMATION:
Terminal Protest: Port of Long Beach promulgated by EPA, which is
Harbor; Pacific Ocean, California commonly referred to as an I. Background
(a) Location. The limits of the safety ‘‘infrastructure’’ SIP submission. ADEM Upon promulgation of a new or
zone are as follows: Encompassing all certified that the Alabama SIP contains revised NAAQS, sections 110(a)(1) and
navigable waters of Captain of the Port provisions that ensure the 2008 8-hour (2) of the CAA require states to address
Zone LA–LB from the surface to the sea ozone NAAQS is implemented, basic SIP requirements, including
floor, within 100 yards in all direction enforced, and maintained in Alabama. emissions inventories, monitoring, and
of the following berths in the Port of With the exception of provisions modeling to assure attainment and
Long Beach: Pier B 76–77, Pier B 84–87, pertaining to prevention of significant maintenance for that new NAAQS.
and Pier T 121. deterioration (PSD) permitting, Section 110(a) of the CAA generally
(b) Enforcement Period. This section interstate transport, and visibility requires states to make a SIP submission
will be enforced throughout the entirety protection requirements for which EPA to meet applicable requirements in
of each day from March 13–April 30, is taking no action in this rulemaking, order to provide for the implementation,
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2015. The general boating public will be and provisions respecting state boards maintenance, and enforcement of a new
notified prior to the enforcement of the for which EPA is taking action to or revised NAAQS within three years
temporary safety zone via Broadcast disapprove, EPA is taking final action to following the promulgation of such
Notice to Mariners. approve Alabama’s infrastructure SIP NAAQS, or within such shorter period
(c) Regulations. In accordance with submission provided to EPA on August as EPA may prescribe. These SIP
the general regulations in § 165.23 of 20, 2012, as satisfying the required submissions are commonly referred to
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IV. Statutory and Executive Order • Is not subject to requirements of Court of Appeals for the appropriate
Reviews Section 12(d) of the National circuit by June 1, 2015. Filing a petition
Under the CAA, the Administrator is Technology Transfer and Advancement for reconsideration by the Administrator
required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because of this final rule does not affect the
that complies with the provisions of the application of those requirements would finality of this action for the purposes of
Act and applicable Federal regulations. be inconsistent with the CAA; and judicial review nor does it extend the
42 U.S.C. 7410(k); 40 CFR 52.02(a). • Does not provide EPA with the time within which a petition for judicial
Thus, in reviewing SIP submissions, discretionary authority to address, as review may be filed, and shall not
EPA’s role is to approve state choices, appropriate, disproportionate human postpone the effectiveness of such rule
provided that they meet the criteria of health or environmental effects, using or action. This action may not be
the CAA. Accordingly, this action practicable and legally permissible challenged later in proceedings to
merely approves state law as meeting methods, under Executive Order 12898 enforce its requirements. See section
federal requirements and does not (59 FR 7629, February 16, 1994). 307(b)(2).
impose additional requirements beyond The SIP is not approved to apply on
any Indian reservation land or in any List of Subjects in 40 CFR Part 52
those imposed by State law. For that
reason, this action: other area where EPA or an Indian tribe Environmental protection, Air
• Is not a significant regulatory action has demonstrated that a tribe has pollution control, Incorporation by
subject to review by the Office of jurisdiction. In those areas of Indian reference, Intergovernmental relations,
Management and Budget under country, the rule does not have tribal Nitrogen dioxide, Ozone, Reporting and
Executive Orders 12866 (58 FR 51735, implications as specified by Executive recordkeeping requirements, Volatile
October 4, 1993) and 13563 (76 FR 3821, Order 13175 (65 FR 67249, November 9, organic compounds.
January 21, 2011); 2000), nor will it impose substantial
Dated: March 19, 2015.
• Does not impose an information direct costs on tribal governments or
preempt tribal law. Heather McTeer Toney,
collection burden under the provisions
The Congressional Review Act, 5 Regional Administrator, Region 4.
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small 40 CFR part 52 is amended as follows:
• Is certified as not having a Business Regulatory Enforcement
significant economic impact on a Fairness Act of 1996, generally provides PART 52—APPROVAL AND
substantial number of small entities that before a rule may take effect, the PROMULGATION OF
under the Regulatory Flexibility Act (5 agency promulgating the rule must IMPLEMENTATION PLANS
U.S.C. 601 et seq.); submit a rule report, which includes a
• Does not contain any unfunded copy of the rule, to each House of the ■ 1. The authority citation for part 52
mandate or significantly or uniquely Congress and to the Comptroller General continues to read as follows:
affect small governments, as described of the United States. EPA will submit a Authority: 42 U.S.C. 7401 et seq.
in the Unfunded Mandates Reform Act report containing this action and other
of 1995 (Pub. L. 104–4); required information to the U.S. Senate, Subpart B—Alabama
• Does not have Federalism the U.S. House of Representatives, and
implications as specified in Executive the Comptroller General of the United ■ 2. Section 52.50(e) is amended by
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in adding a new entry for ‘‘110(a)(1) and
1999); the Federal Register. A major rule (2) Infrastructure Requirements for the
• Is not an economically significant cannot take effect until 60 days after it 2008 8-Hour Ozone National Ambient
regulatory action based on health or is published in the Federal Register. Air Quality Standards’’ at the end of the
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as table to read as follows:
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2).
• Is not a significant regulatory action Under section 307(b)(1) of the CAA, § 52.50 Identification of plan.
subject to Executive Order 13211 (66 FR petitions for judicial review of this * * * * *
28355, May 22, 2001); action must be filed in the United States (e) * * *
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable State submittal
Name of nonregulatory SIP geographic or EPA approval
date/effective Explanation
provision nonattainment date
date
area
* * * * * * *
110(a)(1) and (2) Infrastruc- 7/17/2012 4/2/2015 [Insert citation With the exception of PSD permitting requirements for
ture Requirements for the of publica- major sources of sections 110(a)(2)(C) and (J); interstate
2008 8-Hour Ozone Na- tion]. transport requirements of section 110(a)(2)(D)(i)(I) and
tional Ambient Air Quality (II), 110(a)(2)(E)(ii), and the visibility requirements of sec-
Standards. tion 110(a)(2)(J).
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■ 3. Section 52.53 is amended by adding (a) Disapproval. Submittal from the 2008 8-hour Ozone National Ambient
paragraph (a), and adding and reserving State of Alabama, through the Alabama Air Quality Standards concerning state
paragraph (b), to read as follows: Department of Environmental board requirements. EPA is
Management (ADEM) on August 20, disapproving section 110(a)(2)(E)(ii) of
§ 52.53 Approval status. 2012, to address the Clean Air Act ADEM’s submittal because the Alabama
* * * * * (CAA) section 110(a)(2)(E)(ii) for the SIP lacks provisions respecting state
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boards per section 128 of the CAA for Mailcode 3AP30, U.S. Environmental available at the Virginia Department of
the 2008 8-hour Ozone National Protection Agency, Region III, 1650 Environmental Quality, 629 East Main
Ambient Air Quality Standards. Arch Street, Philadelphia, Pennsylvania Street, Richmond, Virginia 23219.
(b) [Reserved] 19103. FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–07349 Filed 4–1–15; 8:45 am] D. Hand Delivery: At the previously- Ellen Schmitt, (215) 814–5787, or by
BILLING CODE 6560–50–P
listed EPA Region III address. Such email at schmitt.ellen@epa.gov.
deliveries are only accepted during the
SUPPLEMENTARY INFORMATION:
Docket’s normal hours of operation, and
ENVIRONMENTAL PROTECTION special arrangements should be made I. Background
AGENCY for deliveries of boxed information.
Section 128 of the CAA requires SIPs
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015– to include certain requirements
40 CFR Part 52
0040. EPA’s policy is that all comments regarding State Boards; section
[EPA–R03–OAR–2015–0040; FRL–9925–46–
received will be included in the public 110(a)(2)(E)(ii) of the CAA also
Region 3] references these requirements. Section
docket without change, and may be
made available online at 128(a) requires SIPs to contain
Approval and Promulgation of Air provisions that: (1) Any board or body
Quality Implementation Plans; Virginia; www.regulations.gov, including any
personal information provided, unless which approves permits or enforcement
State Boards Requirements; orders under the CAA shall have at least
Infrastructure Requirements for the the comment includes information
claimed to be Confidential Business a majority of its members represent the
2008 Lead and Ozone and 2010 public interest and not derive any
Nitrogen Dioxide and Sulfur Dioxide Information (CBI) or other information
whose disclosure is restricted by statute. significant portion of their income from
National Ambient Air Quality persons subject to permits or
Standards Do not submit information that you
consider to be CBI or otherwise enforcement orders under the CAA; and
AGENCY: Environmental Protection protected through www.regulations.gov (2) any potential conflict of interest by
Agency (EPA). or email. The www.regulations.gov Web members of such board or body or the
ACTION: Direct final rule. site is an ‘‘anonymous access’’ system, head of an executive agency with
which means EPA will not know your similar powers be adequately disclosed.
SUMMARY: The Environmental Protection identity or contact information unless On December 22, 2014, the Virginia
Agency (EPA) is taking direct final you provide it in the body of your Department of Environmental Quality
action to approve revisions to the comment. If you send an email (VADEQ) submitted a formal revision to
Virginia State Implementation Plan comment directly to EPA without going its SIP for the Commonwealth of
(SIP). The revisions consist of adding a through www.regulations.gov, your Virginia. The SIP revision consists of
new regulation from the Virginia email address will be automatically adding a new regulation, 9VAC5–170–
Administrative Code and a revised captured and included as part of the 210(A), and adding new, associated
regulation which includes new, comment that is placed in the public definitions to 9VAC5–170–20, all of
associated definitions. This rulemaking docket and made available on the which pertain to the conflict of interest
action also approves an infrastructure Internet. If you submit an electronic requirements of CAA sections 128 and
element directly related to the comment, EPA recommends that you 110(a)(2)(E)(ii) for all criteria pollutants
regulations being added for several include your name and other contact of the NAAQS.
previously submitted infrastructure SIPs information in the body of your In addition, this rulemaking action
for the 2008 Lead (Pb) National Ambient comment and with any disk or CD–ROM approves the section 110(a)(2)(E)(ii)
Air Quality Standards (NAAQS), the you submit. If EPA cannot read your infrastructure element from the
2008 Ozone (O3) NAAQS, the 2010 comment due to technical difficulties following Virginia infrastructure SIP
Nitrogen Dioxide (NO2) NAAQS, and and cannot contact you for clarification, submittals for each identified NAAQS:
the 2010 Sulfur Dioxide (SO2) NAAQS. EPA may not be able to consider your March 9, 2012 for the 2008 Pb NAAQS,
EPA is approving these revisions in comment. Electronic files should avoid July 23, 2012 for the 2008 O3 NAAQS,
accordance with the requirements of the the use of special characters, any form May 30, 2013 for 2010 NO2 NAAQS,
Clean Air Act (CAA). of encryption, and be free of any defects and June 23, 2014 for the 2010 SO2
DATES: This rule is effective on June 1, or viruses. NAAQS (collectively, the Four
2015 without further notice, unless EPA Docket: All documents in the Submittals). For the Four Submittals,
receives adverse written comment by electronic docket are listed in the EPA had previously approved those
May 4, 2015. If EPA receives such www.regulations.gov index. Although submittals as addressing certain
comments, it will publish a timely listed in the index, some information is requirements in section 110(a)(2) and
withdrawal of the direct final rule in the not publicly available, i.e., CBI or other specifically stated EPA would take later,
Federal Register and inform the public information whose disclosure is separate action on the requirements in
that the rule will not take effect. restricted by statute. Certain other section 110(a)(2)(E)(ii) (which requires a
ADDRESSES: Submit your comments, material, such as copyrighted material, state’s SIP to meet the requirements of
identified by Docket ID Number EPA– is not placed on the Internet and will be CAA section 128) for each of the
R03–OAR–2015–0040 by one of the publicly available only in hard copy NAAQS addressed.
following methods: form. Publicly available docket
materials are available either II. Summary of SIP Revision
A. www.regulations.gov. Follow the
on-line instructions for submitting electronically in www.regulations.gov or Virginia’s December 22, 2014 SIP
tkelley on DSK3SPTVN1PROD with RULES
comments. in hard copy during normal business revision submittal consists of adding the
B. Email: powers.marilyn@epa.gov. hours at the Air Protection Division, new regulation, 9VAC5–170–210(A),
C. Mail: EPA–R03–OAR–2015–0040, U.S. Environmental Protection Agency, and two new related definitions,
Marilyn Powers, Acting Associate Region III, 1650 Arch Street, ‘‘Disclosure form’’ and ‘‘Potential
Director, Office of Air Program Philadelphia, Pennsylvania 19103. conflict of interest,’’ to 9VAC5–170–20.
Planning, Air Protection Division, Copies of the State submittal are Regulation 9VAC5–170–210(A) requires
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Document Created: 2018-02-21 10:03:34
Document Modified: 2018-02-21 10:03:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective May 4, 2015. | |
| Contact | Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected] | |
| FR Citation | 80 FR 17689 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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