80 FR 61111 - Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements for the 2008 Lead 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 | 61111-61112 | |
| FR Document | 2015-25673 |
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)] [Rules and Regulations] [Pages 61111-61112] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25673] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2013-0185; FRL-9935-21-Region 4] Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve in part, and disapprove in part, the November 4, 2011, State Implementation Plan (SIP) submission, provided by the Alabama Department of Environmental Management (ADEM) for inclusion into the Alabama SIP. This final action pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead 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. ADEM certified that the Alabama SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in Alabama. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, which EPA is taking no action through this notice, and the provisions respecting state boards, for which EPA is taking final action to disapprove, EPA is taking final action to approve Alabama's infrastructure SIP submission provided to EPA on November 4, 2011, as satisfying the required infrastructure elements for the 2008 Lead 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-2013-0185. 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: Zuri Farngalo, 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. Mr. Farngalo can be reached by phone at (404) 562-9152 and via electronic mail at farngalo.zuri@epa.gov. 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 (80 FR 42765). On July 20, 2015, EPA proposed to approve in part, and disapprove in part, Alabama's November 4, 2011, 2008 Lead NAAQS infrastructure SIP submission. EPA did not receive any comments, adverse or otherwise, on the July 20, 2015, proposed rule. EPA is not taking any action today pertaining to the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2008 Lead NAAQS. EPA took final action on these elements in a separate action on March 18, 2015 (80 FR 14019). With respect to Alabama's infrastructure SIP submissions related to section 110(a)(2)(E)(ii) respecting the section 128 state board requirements, EPA is taking final action to disapprove this element of Alabama's submissions. II. Final Action With the exception of the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of (D)(i) and (J), and the state board requirements of section 110(a)(2)(E)(ii), EPA is taking final action to approve that ADEM's infrastructure SIP submission, submitted November 4, 2011, for the 2008 Lead NAAQS meets the above described infrastructure SIP requirements. EPA is taking final action to disapprove Alabama's infrastructure submission for section 110(a)(2)(E)(ii) because the State's implementation plan does not contain provisions to comply with section 128 of the Act. 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. 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); [[Page 61112]] 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 Clean Air Act; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by 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. 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, Lead, 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 B--Alabama 0 2. Section 52.50(e), is amended by adding entry ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 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 ---------------------------------------------------------------------------------------------------------------- State Applicable submittal Name of nonregulatory SIP geographic or date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Alabama............. 11/4/2011 10/9/2015 [Insert With the exception Requirements for the 2008 Lead citation of of provisions National Ambient Air Quality publication]. pertaining to PSD Standards. permitting requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), 110(a)(2)(J); and section 110(a)(2)(E)(ii). ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.53 is amended by adding paragraph (b) to read as follows: Sec. 52.53 Approval status. * * * * * (b) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on November 4, 2011, to address the Clean Air Act (CAA) section 110(a)(2)(E)(ii) for the 2008 Lead 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 boards per section 128 of the CAA for the 2008 Lead National Ambient Air Quality Standards. [FR Doc. 2015-25673 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 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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![61112 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations
• is not a significant regulatory action agency promulgating the rule must List of Subjects in 40 CFR Part 52
subject to Executive Order 13211 (66 FR submit a rule report, which includes a Environmental protection, Air
28355, May 22, 2001); copy of the rule, to each House of the pollution control, Incorporation by
• is not subject to requirements of Congress and to the Comptroller General reference, Intergovernmental relations,
Section 12(d) of the National of the United States. EPA will submit a Lead, Reporting and recordkeeping
Technology Transfer and Advancement report containing this action and other
Act of 1995 (15 U.S.C. 272 note) because requirements, Volatile organic
required information to the U.S. Senate, compounds.
application of those requirements would the U.S. House of Representatives, and
be inconsistent with the Clean Air Act; Dated: September 24, 2015.
the Comptroller General of the United
and Heather McTeer Toney,
• does not provide EPA with the States prior to publication of the rule in
Regional Administrator, Region 4.
discretionary authority to address, as the Federal Register. A major rule
cannot take effect until 60 days after it 40 CFR part 52 is amended as follows:
appropriate, disproportionate human
health or environmental effects, using is published in the Federal Register.
PART 52—APPROVAL AND
practicable and legally permissible This action is not a ‘‘major rule’’ as
PROMULGATION OF
methods, under Executive Order 12898 defined by 5 U.S.C. 804(2).
IMPLEMENTATION PLANS
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the CAA,
In addition, the SIP is not approved petitions for judicial review of this ■ 1. The authority citation for part 52
to apply on any Indian reservation land action must be filed in the United States continues to read as follows:
or in any other area where EPA or an Court of Appeals for the appropriate Authority: 42 U.S.C. 7401 et seq.
Indian tribe has demonstrated that a circuit by December 8, 2015. Filing a
tribe has jurisdiction. In those areas of petition for reconsideration by the Subpart B—Alabama
Indian country, the rule does not have
Administrator of this final rule does not
tribal implications as specified by ■ 2. Section 52.50(e), is amended by
affect the finality of this action for the
Executive Order 13175 (65 FR 67249, adding entry ‘‘110(a)(1) and (2)
November 9, 2000), nor will it impose purposes of judicial review nor does it
Infrastructure Requirements for the 2008
substantial direct costs on tribal extend the time within which a petition
Lead National Ambient Air Quality
governments or preempt tribal law. for judicial review may be filed, and
Standards’’ at the end of the table to
The Congressional Review Act, 5 shall not postpone the effectiveness of read as follows:
U.S.C. 801 et seq., as added by the Small such rule or action. This action may not
Business Regulatory Enforcement be challenged later in proceedings to § 52.50 Identification of plan.
Fairness Act of 1996, generally provides enforce its requirements. See section * * * * *
that before a rule may take effect, the 307(b)(2). (e) * * *
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
State sub-
Applicable geographic mittal date/
Name of nonregulatory SIP provision EPA approval date Explanation
or nonattainment area effective
date
* * * * * * *
110(a)(1) and (2) Infrastructure Re- Alabama ........................ 11/4/2011 10/9/2015 [Insert cita- With the exception of provisions per-
quirements for the 2008 Lead Na- tion of publication]. taining to PSD permitting require-
tional Ambient Air Quality Stand- ments in sections 110(a)(2)(C),
ards. 110(a)(2)(D)(i)(II) (prong 3),
110(a)(2)(J); and section
110(a)(2)(E)(ii).
■ 3. Section 52.53 is amended by adding the 2008 Lead National Ambient Air ENVIRONMENTAL PROTECTION
paragraph (b) to read as follows: Quality Standards. AGENCY
[FR Doc. 2015–25673 Filed 10–8–15; 8:45 am]
§ 52.53 Approval status. 40 CFR Part 52
BILLING CODE 6560–50–P
* * * * * [EPA–R01–OAR–2015–0527; A–1–FRL-
(b) Disapproval. Submittal from the 9935–33–Region1]
State of Alabama, through the Alabama
Department of Environmental Air Plan Approval; Maine; General
Permit Regulations for Nonmetallic
Management (ADEM) on November 4,
Mineral Processing Plants and
2011, to address the Clean Air Act
Concrete Batch Plants
(CAA) section 110(a)(2)(E)(ii) for the
2008 Lead National Ambient Air AGENCY: Environmental Protection
rmajette on DSK7SPTVN1PROD with RULES
Quality Standards concerning state Agency.
board requirements. EPA is ACTION: Direct final rule.
disapproving section 110(a)(2)(E)(ii) of
SUMMARY: The Environmental Protection
ADEM’s submittal because the Alabama
Agency (EPA) is approving a State
SIP lacks provisions respecting state
Implementation Plan (SIP) revision
boards per section 128 of the CAA for submitted by the State of Maine. This
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Document Created: 2015-12-15 08:33:38
Document Modified: 2015-12-15 08:33:38
| 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 | Zuri Farngalo, 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. Mr. Farngalo can be reached by phone at (404) 562-9152 and via electronic mail at [email protected] | |
| FR Citation | 80 FR 61111 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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