80 FR 61109 - Approval and Promulgation of Implementation Plans; Georgia Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 196 (October 9, 2015)
Federal Register Volume 80, Issue 196 (October 9, 2015)
| Page Range | 61109-61111 | |
| FR Document | 2015-25587 |
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)] [Rules and Regulations] [Pages 61109-61111] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25587] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2012-0696; FRL-9935-24-Region 4] Approval and Promulgation of Implementation Plans; Georgia 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 portions the May 14, 2012, State Implementation Plan (SIP) submission, provided by the Georgia Department of Natural Resources, Environmental Protection Division (hereafter referred to as GA EPD) for inclusion into the Georgia SIP. This final action 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. GA EPD certified that the Georgia SIP contains provisions that ensure the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in Georgia. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting and interstate transport requirements, EPA is taking final action to approve Georgia's infrastructure SIP submission provided to EPA on May 14, 2012, as satisfying the required infrastructure elements for the 2008 8-hour ozone NAAQS. DATES: This rule will be effective November 9, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0696. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: 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. Ms. Ward can be reached by phone at (404) 562-9140 and 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. For additional information on the infrastructure SIP requirements, see the proposed rulemaking published on July 20, 2015. See 80 FR 42777. On July 20, 2015, EPA proposed to approve portions of Georgia's May 14, 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), (D)(i)(II) prong 3 and (J); and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). See 80 FR 42777. EPA did not receive any comments, adverse or otherwise, on the July 20, 2015, proposed rule. On March 18, 2015, EPA took final action to approve the PSD permitting requirements listed above (80 FR 14019), and is not taking any action on the interstate transport requirements listed above. EPA is taking final action to approve the portions of Georgia's infrastructure SIP submission proposed on July 20, 2015, as demonstrating that the State meets the applicable requirements of sections 110(a)(1) and (2) of the CAA for the 2008 8-hour ozone NAAQS. II. Final Action With the exception of the PSD permitting provisions in sections 110(a)(2)(C), (D)(i)(II) prong 3 and (J); and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final action to approve Georgia's May 14, 2012, infrastructure SIP submission because it addresses the section 110(a)(1) and (2) requirements of the CAA to ensure that the 2008 8- hour [[Page 61110]] ozone NAAQS is implemented, enforced, and maintained in Georgia. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 December 8, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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: September 24, 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 L--Georgia 0 2. Section 52.570(e), is amended by adding an 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. 52.570 Identification of plan. * * * * * (e) * * * EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Georgia............ 5/14/2012 10/9/2015 [Insert With the exception Requirements for the 2008 8-Hour citation of of sections: Ozone National Ambient Air publication]. 110(a)(2)(C), Quality Standards. (D)(i)(II) prong 3 and (J) concerning PSD permitting requirements and 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) concerning interstate transport requirements. ---------------------------------------------------------------------------------------------------------------- [[Page 61111]] [FR Doc. 2015-25587 Filed 10-8-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61109
EPA—APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable State submittal
geographic or
Name of nonregulatory SIP provision date/effective EPA approval date Explanations
nonattainment date
area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- Commonwealth July 17, 2012 10/9/2015 [Insert With the exception of provisions per-
ments for the 2008 Lead National Am- of Kentucky. Federal Register taining to PSD permitting requirements
bient Air Quality Standards. citation]. in sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3) and
110(a)(2)(J) only.
[FR Doc. 2015–25576 Filed 10–8–15; 8:45 am] DATES: This rule will be effective maintenance for that new NAAQS.
BILLING CODE 6560–50–P November 9, 2015. Section 110(a) of the CAA generally
ADDRESSES: EPA has established a requires states to make a SIP submission
docket for this action under Docket to meet applicable requirements in
ENVIRONMENTAL PROTECTION Identification No. EPA–R04–OAR– order to provide for the implementation,
AGENCY 2012–0696. All documents in the docket maintenance, and enforcement of a new
are listed on the www.regulations.gov or revised NAAQS within three years
40 CFR Part 52 Web site. Although listed in the index, following the promulgation of such
[EPA–R04–OAR–2012–0696; FRL–9935–24– some information is not publicly NAAQS, or within such shorter period
Region 4] available, i.e., Confidential Business as EPA may prescribe. For additional
Information or other information whose information on the infrastructure SIP
Approval and Promulgation of disclosure is restricted by statute. requirements, see the proposed
Implementation Plans; Georgia Certain other material, such as rulemaking published on July 20, 2015.
Infrastructure Requirements for the copyrighted material, is not placed on See 80 FR 42777.
2008 8-Hour Ozone National Ambient the Internet and will be publicly On July 20, 2015, EPA proposed to
Air Quality Standards available only in hard copy form. approve portions of Georgia’s May 14,
AGENCY: Environmental Protection Publicly available docket materials are 2012, 2008 8-hour ozone NAAQS
Agency. available either electronically through infrastructure SIP submission with the
www.regulations.gov or in hard copy at exception of the PSD permitting
ACTION: Final rule.
the Air Regulatory Management Section, requirements for major sources of
SUMMARY: The Environmental Protection Air Planning and Implementation sections 110(a)(2)(C), (D)(i)(II) prong 3
Agency (EPA) is taking final action to Branch, Air, Pesticides and Toxics and (J); and the interstate transport
approve portions the May 14, 2012, Management Division, U.S. requirements of section 110(a)(2)(D)(i)(I)
State Implementation Plan (SIP) Environmental Protection Agency, and (II) (prongs 1, 2, and 4). See 80 FR
submission, provided by the Georgia Region 4, 61 Forsyth Street SW., 42777. EPA did not receive any
Department of Natural Resources, Atlanta, Georgia 30303–8960. EPA comments, adverse or otherwise, on the
Environmental Protection Division requests that if at all possible, you July 20, 2015, proposed rule. On March
(hereafter referred to as GA EPD) for contact the person listed in the FOR 18, 2015, EPA took final action to
inclusion into the Georgia SIP. This FURTHER INFORMATION CONTACT section to approve the PSD permitting
final action pertains to the Clean Air Act schedule your inspection. The Regional requirements listed above (80 FR
(CAA or the Act) infrastructure Office’s official hours of business are 14019), and is not taking any action on
requirements for the 2008 8-hour ozone Monday through Friday, 8:30 a.m. to the interstate transport requirements
national ambient air quality standards 4:30 p.m., excluding Federal holidays. listed above. EPA is taking final action
(NAAQS). The CAA requires that each FOR FURTHER INFORMATION CONTACT: to approve the portions of Georgia’s
state adopt and submit a SIP for the Nacosta C. Ward, Air Regulatory infrastructure SIP submission proposed
implementation, maintenance, and Management Section, Air Planning and on July 20, 2015, as demonstrating that
enforcement of each NAAQS Implementation Branch, Air, Pesticides the State meets the applicable
promulgated by EPA, which is and Toxics Management Division, U.S. requirements of sections 110(a)(1) and
commonly referred to as an Environmental Protection Agency, (2) of the CAA for the 2008 8-hour
‘‘infrastructure’’ SIP. GA EPD certified Region 4, 61 Forsyth Street SW., ozone NAAQS.
that the Georgia SIP contains provisions Atlanta, Georgia 30303–8960. Ms. Ward II. Final Action
that ensure the 2008 8-hour ozone can be reached by phone at (404) 562–
NAAQS is implemented, enforced, and 9140 and via electronic mail at With the exception of the PSD
maintained in Georgia. With the ward.nacosta@epa.gov. permitting provisions in sections
exception of provisions pertaining to SUPPLEMENTARY INFORMATION: 110(a)(2)(C), (D)(i)(II) prong 3 and (J);
prevention of significant deterioration and the interstate transport
(PSD) permitting and interstate I. Background requirements of section 110(a)(2)(D)(i)(I)
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transport requirements, EPA is taking Upon promulgation of a new or and (II) (prongs 1, 2, and 4), EPA is
final action to approve Georgia’s revised NAAQS, sections 110(a)(1) and taking final action to approve Georgia’s
infrastructure SIP submission provided (2) of the CAA require states to address May 14, 2012, infrastructure SIP
to EPA on May 14, 2012, as satisfying basic SIP requirements, including submission because it addresses the
the required infrastructure elements for emissions inventories, monitoring, and section 110(a)(1) and (2) requirements of
the 2008 8-hour ozone NAAQS. modeling to assure attainment and the CAA to ensure that the 2008 8-hour
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![61110 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations
ozone NAAQS is implemented, Technology Transfer and Advancement for judicial review may be filed, and
enforced, and maintained in Georgia. Act of 1995 (15 U.S.C. 272 note) because shall not postpone the effectiveness of
application of those requirements would such rule or action. Parties with
III. Statutory and Executive Order
be inconsistent with the CAA; and objections to this direct final rule are
Reviews • does not provide EPA with the encouraged to file a comment in
Under the CAA, the Administrator is discretionary authority to address, as response to the parallel notice of
required to approve a SIP submission appropriate, disproportionate human proposed rulemaking for this action
that complies with the provisions of the health or environmental effects, using published in the proposed rules section
Act and applicable Federal regulations. practicable and legally permissible of today’s Federal Register, rather than
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 file an immediate petition for judicial
Thus, in reviewing SIP submissions, (59 FR 7629, February 16, 1994). review of this direct final rule, so that
EPA’s role is to approve state choices, The SIP is not approved to apply on EPA can withdraw this direct final rule
provided that they meet the criteria of any Indian reservation land or in any and address the comment in the
the CAA. Accordingly, this action other area where EPA or an Indian tribe proposed rulemaking. This action may
merely approves state law as meeting has demonstrated that a tribe has not be challenged later in proceedings to
Federal requirements and does not jurisdiction. In those areas of Indian enforce its requirements. See section
impose additional requirements beyond country, the rule does not have tribal 307(b)(2).
those imposed by state law. For that implications as specified by Executive
reason, this action: Order 13175 (65 FR 67249, November 9, List of Subjects in 40 CFR Part 52
• Is not a significant regulatory action 2000), nor will it impose substantial Environmental protection, Air
subject to review by the Office of direct costs on tribal governments or pollution control, Incorporation by
Management and Budget under preempt tribal law.
reference, Intergovernmental relations,
Executive Orders 12866 (58 FR 51735, The Congressional Review Act, 5
Nitrogen dioxide, Ozone, Reporting and
October 4, 1993) and 13563 (76 FR 3821, U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement recordkeeping requirements, Volatile
January 21, 2011); organic compounds.
• does not impose an information Fairness Act of 1996, generally provides
collection burden under the provisions that before a rule may take effect, the Dated: September 24, 2015.
of the Paperwork Reduction Act (44 agency promulgating the rule must Heather McTeer Toney,
U.S.C. 3501 et seq.); submit a rule report, which includes a Regional Administrator, Region 4.
• is certified as not having a copy of the rule, to each House of the
significant economic impact on a Congress and to the Comptroller General 40 CFR part 52 is amended as follows:
substantial number of small entities of the United States. EPA will submit a
report containing this action and other PART 52—APPROVAL AND
under the Regulatory Flexibility Act (5
required information to the U.S. Senate, PROMULGATION OF
U.S.C. 601 et seq.);
• does not contain any unfunded the U.S. House of Representatives, and IMPLEMENTATION PLANS
mandate or significantly or uniquely the Comptroller General of the United
affect small governments, as described States prior to publication of the rule in ■ 1. The authority citation for part 52
in the Unfunded Mandates Reform Act the Federal Register. A major rule continues to read as follows:
of 1995 (Pub. L. 104–4); cannot take effect until 60 days after it Authority: 42 U.S.C. 7401 et seq.
• does not have Federalism is published in the Federal Register.
implications as specified in Executive This action is not a ‘‘major rule’’ as Subpart L—Georgia
Order 13132 (64 FR 43255, August 10, defined by 5 U.S.C. 804(2).
1999); Under section 307(b)(1) of the CAA, ■ 2. Section 52.570(e), is amended by
• is not an economically significant petitions for judicial review of this adding an entry for ‘‘110(a)(1) and (2)
regulatory action based on health or action must be filed in the United States Infrastructure Requirements for the 2008
safety risks subject to Executive Order Court of Appeals for the appropriate 8-Hour Ozone National Ambient Air
13045 (62 FR 19885, April 23, 1997); circuit by December 8, 2015. Filing a Quality Standards’’ at the end of the
• is not a significant regulatory action petition for reconsideration by the table to read as follows:
subject to Executive Order 13211 (66 FR Administrator of this final rule does not
affect the finality of this action for the § 52.570 Identification of plan.
28355, May 22, 2001);
• is not subject to requirements of purposes of judicial review nor does it * * * * *
Section 12(d) of the National extend the time within which a petition (e) * * *
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State submittal
Name of nonregulatory SIP Applicable geographic or date/effective EPA approval date Explanation
provision nonattainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Georgia .................................. 5/14/2012 10/9/2015 [Insert citation of With the exception of sec-
ture Requirements for the publication]. tions: 110(a)(2)(C), (D)(i)(II)
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2008 8-Hour Ozone Na- prong 3 and (J) concerning
tional Ambient Air Quality PSD permitting require-
Standards. ments and 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2, and 4)
concerning interstate trans-
port requirements.
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![Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61111
[FR Doc. 2015–25587 Filed 10–8–15; 8:45 am] copyrighted material, is not placed on Alabama’s infrastructure SIP
BILLING CODE 6560–50–P the Internet and will be publicly submissions related to section
available only in hard copy form. 110(a)(2)(E)(ii) respecting the section
Publicly available docket materials are 128 state board requirements, EPA is
ENVIRONMENTAL PROTECTION available either electronically through taking final action to disapprove this
AGENCY www.regulations.gov or in hard copy at element of Alabama’s submissions.
the Air Regulatory Management Section,
40 CFR Part 52 II. Final Action
Air Planning and Implementation
[EPA–R04–OAR–2013–0185; FRL–9935–21– Branch, Air, Pesticides and Toxics With the exception of the PSD
Region 4] Management Division, U.S. permitting requirements for major
Environmental Protection Agency, sources of sections 110(a)(2)(C), prong 3
Approval and Promulgation of Region 4, 61 Forsyth Street SW., of (D)(i) and (J), and the state board
Implementation Plans; Alabama; Atlanta, Georgia 30303–8960. EPA requirements of section 110(a)(2)(E)(ii),
Infrastructure Requirements for the requests that if at all possible, you EPA is taking final action to approve
2008 Lead National Ambient Air Quality contact the person listed in the FOR that ADEM’s infrastructure SIP
Standards FURTHER INFORMATION CONTACT section to submission, submitted November 4,
AGENCY: Environmental Protection schedule your inspection. The Regional 2011, for the 2008 Lead NAAQS meets
Agency (EPA). Office’s official hours of business are the above described infrastructure SIP
Monday through Friday, 8:30 a.m. to requirements. EPA is taking final action
ACTION: Final rule.
4:30 p.m., excluding Federal holidays. to disapprove Alabama’s infrastructure
SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: Zuri submission for section 110(a)(2)(E)(ii)
Agency (EPA) is taking final action to Farngalo, Air Regulatory Management because the State’s implementation plan
approve in part, and disapprove in part, Section, Air Planning and does not contain provisions to comply
the November 4, 2011, State Implementation Branch, Air, Pesticides with section 128 of the Act.
Implementation Plan (SIP) submission, and Toxics Management Division, U.S. III. Statutory and Executive Order
provided by the Alabama Department of Environmental Protection Agency, Reviews
Environmental Management (ADEM) for Region 4, 61 Forsyth Street SW.,
inclusion into the Alabama SIP. This Under the CAA, the Administrator is
Atlanta, Georgia 30303–8960. Mr.
final action pertains to the Clean Air Act required to approve a SIP submission
Farngalo can be reached by phone at
(CAA or the Act) infrastructure that complies with the provisions of the
(404) 562–9152 and via electronic mail
requirements for the 2008 Lead national Act and applicable Federal regulations.
at farngalo.zuri@epa.gov.
ambient air quality standards (NAAQS). 42 U.S.C. 7410(k); 40 CFR 52.02(a).
SUPPLEMENTARY INFORMATION: Thus, in reviewing SIP submissions,
The CAA requires that each state adopt
and submit a SIP for the I. Background EPA’s role is to approve state choices,
implementation, maintenance, and provided that they meet the criteria of
Upon promulgation of a new or the CAA. Accordingly, this action
enforcement of each NAAQS revised NAAQS, sections 110(a)(1) and
promulgated by EPA, which is merely approves state law as meeting
(2) of the CAA require states to address Federal requirements and does not
commonly referred to as an basic SIP requirements, including
‘‘infrastructure’’ SIP. ADEM certified impose additional requirements beyond
emissions inventories, monitoring, and those imposed by state law. For that
that the Alabama SIP contains modeling to assure attainment and
provisions that ensure the 2008 Lead reason, this action:
maintenance for that new NAAQS. • Is not a significant regulatory action
NAAQS is implemented, enforced, and Section 110(a) of the CAA generally
maintained in Alabama. With the subject to review by the Office of
requires states to make a SIP submission Management and Budget under
exception of provisions pertaining to to meet applicable requirements in
prevention of significant deterioration Executive Orders 12866 (58 FR 51735,
order to provide for the implementation, October 4, 1993) and 13563 (76 FR 3821,
(PSD) permitting, which EPA is taking maintenance, and enforcement of a new
no action through this notice, and the January 21, 2011);
or revised NAAQS within three years • does not impose an information
provisions respecting state boards, for following the promulgation of such collection burden under the provisions
which EPA is taking final action to NAAQS, or within such shorter period of the Paperwork Reduction Act (44
disapprove, EPA is taking final action to as EPA may prescribe. For additional U.S.C. 3501 et seq.);
approve Alabama’s infrastructure SIP information on the infrastructure SIP • is certified as not having a
submission provided to EPA on requirements, see the proposed significant economic impact on a
November 4, 2011, as satisfying the rulemaking published on July 20, 2015 substantial number of small entities
required infrastructure elements for the (80 FR 42765). under the Regulatory Flexibility Act (5
2008 Lead NAAQS. On July 20, 2015, EPA proposed to U.S.C. 601 et seq.);
DATES: This rule will be effective approve in part, and disapprove in part, • does not contain any unfunded
November 9, 2015. Alabama’s November 4, 2011, 2008 Lead mandate or significantly or uniquely
ADDRESSES: EPA has established a NAAQS infrastructure SIP submission. affect small governments, as described
docket for this action under Docket EPA did not receive any comments, in the Unfunded Mandates Reform Act
Identification No. EPA–R04–OAR– adverse or otherwise, on the July 20, of 1995 (Pub. L. 104–4);
2013–0185. All documents in the docket 2015, proposed rule. EPA is not taking • does not have Federalism
are listed on the www.regulations.gov any action today pertaining to the PSD
rmajette on DSK7SPTVN1PROD with RULES
implications as specified in Executive
Web site. Although listed in the index, permitting requirements for major Order 13132 (64 FR 43255, August 10,
some information is not publicly sources of sections 110(a)(2)(C), prong 3 1999);
available, i.e., Confidential Business of D(i), and (J) for the 2008 Lead • is not an economically significant
Information or other information whose NAAQS. EPA took final action on these regulatory action based on health or
disclosure is restricted by statute. elements in a separate action on March safety risks subject to Executive Order
Certain other material, such as 18, 2015 (80 FR 14019). With respect to 13045 (62 FR 19885, April 23, 1997);
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Document Created: 2015-12-15 08:33:30
Document Modified: 2015-12-15 08:33:30
| 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 November 9, 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. Ms. Ward can be reached by phone at (404) 562-9140 and via electronic mail at [email protected] | |
| FR Citation | 80 FR 61109 | |
| 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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