81 FR 1124 - Air Plan Approval; Alabama: Nonattainment New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 6 (January 11, 2016)
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1124-1127 | |
| FR Document | 2015-33197 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Rules and Regulations] [Pages 1124-1127] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33197] [[Page 1124]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2012-0079; FRL-9940-89-Region 4] Air Plan Approval; Alabama: Nonattainment New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) to EPA on May 2, 2011. The SIP revision modifies Alabama's nonattainment new source review (NNSR) regulations in their entirety to be consistent with the federal new source review (NSR) regulations for the implementation of the criteria pollutant national ambient air quality standards (NAAQS). EPA is approving portions of the NNSR rule changes in Alabama's May 2, 2011, SIP revision because the Agency has determined that the changes are consistent with the Clean Air Act (CAA or Act) and federal regulations regarding NNSR permitting. DATES: This rule will be effective February 10, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2012-0079. 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: For information regarding the Alabama SIP, contact Mr. D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or via electronic mail at [email protected]. For information regarding NSR, contact Ms. Yolanda Adams, Air Permits Section, at the same address above. Telephone number: (404) 562-9214; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Background EPA is taking final action to approve the portion of Alabama's May 2, 2011, SIP revision that makes changes to Alabama's NNSR program, set forth at ADEM Administrative Code, Division 3, Chapter 14, Subchapter .05 (ADEM Rule 335-3-14-.05), which applies to the construction and modification of any major stationary source in or near a nonattainment area (NAA) as required by part D of title I of the CAA. Alabama's NNSR regulations at ADEM Rule 335-3-14-.05 were originally approved into the SIP on November 26, 1979 (see 44 FR 67375), with periodic revisions approved through December 8, 2000 (see 65 FR 76938). Alabama's May 2, 2011, SIP revision modifies the State's NNSR regulations in their entirety \1\ with a new version that reflects changes to the federal NNSR regulations at 40 Code of Federal Regulations (CFR) 51.165,\2\ including provisions promulgated in the following federal rules: (1) ``Requirements for Preparation, Adoption and Submittal of Implementation Plans; Approval and Promulgation of Implementation Plans; Standards of Performance for New Stationary Sources,'' Final Rule, 57 FR 32314 (July 21, 1992) (hereafter referred to as the Wisconsin Electric Power Company (WEPCO) Rule); (2) ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Baseline Emissions Determination, Actual-to-Future-Actual Methodology, Plantwide Applicability Limitations, Clean Units, Pollution Control Projects,'' Final Rule, 67 FR 80186 (December 31, 2002) (hereafter referred to as the NSR Reform Rule); (3) ``Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Reconsideration,'' Final Rule, 68 FR 63021 (November 7, 2003) (hereafter referred to as the Reconsideration Rule); (4) ``Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Removal of Vacated Elements,'' Final Rule, 72 FR 32526 (June 13, 2007) (hereafter referred to as the Vacated Elements Rule); (4) ``Prevention of Significant Deterioration and Nonattainment New Source Review: Reasonable Possibility in Recordkeeping,'' Final Rule, 72 FR 72607 (December 21, 2007), (hereafter referred to as the Reasonable Possibility Rule); (5) ``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter and Ozone NAAQS; Final Rule for Reformulated Gasoline,'' Final Rule, 70 FR 71612 (November 29, 2005) (hereafter referred to as the Phase 2 Rule); (6) ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5 ),'' Final Rule, 73 FR 28321 (May 16, 2008) (hereafter referred to as the NSR PM2.5 Rule); (7) ``Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5 )--Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864 (October 20, 2010) (hereafter referred to as the PM2.5 PSD Increments-SILs-SMC Rule \3\); and (8) ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions; Interim Rule; Stay and Revisions'', Interim Rule, 76 FR 17548 (March 30, 2011) (hereafter referred to as the Fugitive Emissions Interim Rule). --------------------------------------------------------------------------- \1\ Some portions of the 2011 version of the regulations now being approved were previously approved by EPA. These portions remain the same in substance but may have undergone administrative updates and renumbering in the 2011 version. \2\ EPA's regulations governing the implementation of NSR permitting programs are contained in 40 CFR 51.160-51.166; 52.21, 52.24; and part 51, appendix S. The CAA NSR program is composed of three separate programs: PSD, NNSR, and Minor NSR. PSD is established in part C of title I of the CAA and applies in areas that meet the NAAQS--``attainment areas''--as well as areas where there is insufficient information to determine if the area meets the NAAQS--``unclassifiable areas.'' The NNSR program is established in part D of title I of the CAA and applies in areas that are not in attainment of the NAAQS--``nonattainment areas.'' The Minor NSR program addresses construction or modification activities that do not qualify as ``major'' and applies regardless of the designation of the area in which a source is located. Together, these programs are referred to as the NSR programs. \3\ The D.C. Circuit vacated the portions of the PM2.5 PSD Increment-SILs-SMC Rule addressing the SMC and SILs (and remanded the SILs portion to EPA for further consideration) for PSD, but left the PM2.5 SILs in place for the NSR program in the table in Sec. 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). --------------------------------------------------------------------------- [[Page 1125]] EPA is not, however, approving into the Alabama SIP the portion of ADEM Rule 335-3-14-.05(1)(k) stating ``excluding ethanol production facilities that produce ethanol by natural fermentation,'' which Alabama promulgated pursuant to the federal rule entitled ``Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities Under the `Major Emitting Facility' Definition,'' Final Rule, 72 FR 24060 (May 1, 2007) (or the Ethanol Rule).\4\ EPA is also not acting on the provision at Rule 335-3-14-.05(2)(c)3 that excludes fugitive emissions from the determinion of creditable emission increases and decreases.\5\ Finally, EPA is not acting on changes to ADEM's rules regarding the PM2.5 significant impact levels (SILs) for PSD at Rule 335- 3-14-.04(8)(h)1., the NNSR interpollutant offset ratios at ADEM Rule 335-3-14-.05(3)(g)1-4 and the sentence including those ratios which states ``Interpollutant offsets shall be determined based upon the following ratios,'' or the ``actual-to-potential'' NNSR applicability test at ADEM Rule 335-3-14-.05(1)(h), all of which ADEM withdrew from EPA's consideration subsequent to the May 2, 2011 submittal.\6\ --------------------------------------------------------------------------- \4\ Alabama's changes to its NNSR regulations (at 335-3- 14-.05(1)(k)) exclude ``chemical process plants'' that produce ethanol through a natural fermentation process from the NSR major source permitting requirement as promulgated in the Ethanol Rule (as amended at 40 CFR 51.165). See 72 FR 24060 (May 1, 2007). However, due to a petition by Natural Resources Defense Council to reconsider the rule, EPA is not proposing to take action to approve this provision into the Alabama SIP at this time. Pending final resolution, EPA will make a final determination on action regarding this portion of Alabama's SIP revision. \5\ The provision in question was originally approved into the CFR in the December 19, 2008 (73 FR 77882) final rule concerning the treatment of fugitive emissions for the purposes of NSR applicability. On April 24, 2009, EPA agreed to reconsider the approach to handling fugitive emissions and granted a 3-month administrative stay of the December 19, 2008 rule. After several stays, this provision was stayed indefinitely in the March 30, 2011 (76 FR 17548) Fugitive Emissions Interim Rule, pending a final reconsideration from EPA. For more information on fugitive emissions in NSR, see the September 1, 2015 proposed rulemaking (80 FR 52701) or refer to the Docket for this rulemaking. \6\ For more information on the withdrawal of these elements from the initial May 2, 2011, submittal, see the September 1, 2015, proposed rulemaking (80 FR 52701) or refer to the Docket for this rulemaking. --------------------------------------------------------------------------- On September 1, 2015, EPA published a proposed rulemaking to approve the aforementioned changes to the Alabama NNSR program at ADEM Rule 335-3-14-.05. See 80 FR 52701. Comments on the proposed rulemaking were due on or before October 1, 2015. No comments, adverse or otherwise, were received on EPA's September 1, 2015, proposed rulemaking. Pursuant to section 110 of the CAA, EPA is now taking final action to approve the changes to Alabama's NNSR program as provided in the September 1, 2015, proposed rulemaking. The proposed rulemaking contains more detailed information regarding Alabama's SIP revision being approved today, and the rationale for this final action. More detailed information on the NNSR program can be found in the September 1, 2015, proposed rulemaking as well as the aforementioned final rulemakings. II. This Action Alabama currently has a SIP-approved NSR program for new and modified stationary sources found in ADEM regulations at Chapter 335-3- 14. ADEM's NNSR preconstruction regulations are found at Chapter 335-3- 14-.05 and apply to major stationary sources or modifications constructed in or impacting upon a nonattainment area as required under part D of title I of the CAA with respect to the NAAQS. The changes to Chapter 335-3-14-.05 that EPA is now approving into the SIP were provided to update the existing provisions to be consistent with the current federal NNSR rules, including the WEPCO Rule, 2002 NSR Reform Rule (and associated Reconsideration Rule and Vacated Elements Rule), Phase 2 Rule, NSR PM2.5 Rule, PM2.5 PSD- Increment-SILs-SMC Rule, and Fugitive Emissions Interim Rule. These changes to ADEM's regulations became state effective on May 23, 2011. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of portions of ADEM Regulation Chapter 335-3-14-.05 entitled ``Air Permits Authorizing Construction in or Near Non-Attainment Areas,'' effective May 23, 2011, with revisions and additions to applicability, definitions, permitting requirements, offset rules, area classifications, air quality models, control technology review, air quality monitoring, source information, source obligation, innovative control technology, and actuals plantwide applicability limits, and with administrative changes throughout. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 4 office (see the ADDRESSES section of this preamble for more information). IV. Final Action EPA is taking final action to approve the portions of Alabama's May 2, 2011, submission that make changes to Alabama's SIP-approved NNSR regulations set forth at ADEM Rule 335-3-14-.05, with the exceptions noted above. ADEM submitted the proposed changes to its NNSR SIP to be consistent with amendments to the federal regulations made by the WEPCO Rule, the 2002 NSR Reform Rule (and associated Reconsideration Rule and Vacated Elements Rule), Phase 2 Rule, NSR PM2.5 Rule, PM2.5 PSD Increment-SILs-SMC Rule, and the Fugitive Emissions Interim Rule. The Agency is approving these changes to the Alabama SIP because they are consistent with section 110 of the CAA and EPA regulations. V. 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); [[Page 1126]] 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 March 11, 2016. 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, Carbon monoxide, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 18, 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(c) is amended under Chapter 335-3-14 by revising the entry for ``Section 335-3-14-.05'' to read as follows: Sec. 52.50 Identification of plan. * * * * * (c) * * * EPA-Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-14 Air Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-14-.05.............. Air Permits 5/23/2011 1/11/2016 [Insert With the exception of: Authorizing citation of The portion of 335-3- Construction in publication]. 14-.05(1)(k) stating or Near ``excluding ethanol Nonattainment production facilities Areas. that produce ethanol by natural fermentation''; and 335-3-14-.05(2)(c)3 (addressing fugitive emission increases and decreases). Also with the exception of the state-withdrawn elements: 335-3-14- .05(1)(h) (the actual- to-potential test for projects that only involve existing emissions units); the last sentence at 335-3- 14-.05(3)(g), stating ``Interpollutant offsets shall be determined based upon the following ratios''; and the NNSR interpollutant ratios at 335-3-14-.05(3)(g)1- 4. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-33197 Filed 1-8-16; 8:45 am] BILLING CODE 6560-50-P
![1124 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION contact Mr. D. Brad Akers, Air Company (WEPCO) Rule); (2)
AGENCY Regulatory Management Section, Air ‘‘Prevention of Significant Deterioration
Planning and Implementation Branch, (PSD) and Nonattainment New Source
40 CFR Part 52 Pesticides and Toxics Management Review (NSR): Baseline Emissions
[EPA–R04–OAR–2012–0079; FRL–9940–89– Division, Region 4, U.S. Environmental Determination, Actual-to-Future-Actual
Region 4] Protection Agency, 61 Forsyth Street Methodology, Plantwide Applicability
SW., Atlanta, Georgia 30303–8960. Mr. Limitations, Clean Units, Pollution
Air Plan Approval; Alabama: Akers can be reached by telephone at Control Projects,’’ Final Rule, 67 FR
Nonattainment New Source Review (404) 562–9089 or via electronic mail at 80186 (December 31, 2002) (hereafter
akers.brad@epa.gov. For information referred to as the NSR Reform Rule); (3)
AGENCY: Environmental Protection
regarding NSR, contact Ms. Yolanda ‘‘Prevention of Significant Deterioration
Agency (EPA).
Adams, Air Permits Section, at the same (PSD) and Non-Attainment New Source
ACTION: Final rule. address above. Telephone number: (404) Review (NSR): Reconsideration,’’ Final
SUMMARY: The Environmental Protection 562–9214; email address: Rule, 68 FR 63021 (November 7, 2003)
Agency (EPA) is taking final action to adams.yolanda@epa.gov. (hereafter referred to as the
approve portions of a revision to the SUPPLEMENTARY INFORMATION: Reconsideration Rule); (4) ‘‘Prevention
Alabama State Implementation Plan of Significant Deterioration (PSD) and
I. Background Non-Attainment New Source Review
(SIP) submitted by the Alabama
Department of Environmental EPA is taking final action to approve (NSR): Removal of Vacated Elements,’’
Management (ADEM) to EPA on May 2, the portion of Alabama’s May 2, 2011, Final Rule, 72 FR 32526 (June 13, 2007)
2011. The SIP revision modifies SIP revision that makes changes to (hereafter referred to as the Vacated
Alabama’s nonattainment new source Alabama’s NNSR program, set forth at Elements Rule); (4) ‘‘Prevention of
review (NNSR) regulations in their ADEM Administrative Code, Division 3, Significant Deterioration and
entirety to be consistent with the federal Chapter 14, Subchapter .05 (ADEM Rule Nonattainment New Source Review:
new source review (NSR) regulations for 335–3–14–.05), which applies to the Reasonable Possibility in
the implementation of the criteria construction and modification of any Recordkeeping,’’ Final Rule, 72 FR
pollutant national ambient air quality major stationary source in or near a 72607 (December 21, 2007), (hereafter
standards (NAAQS). EPA is approving nonattainment area (NAA) as required referred to as the Reasonable Possibility
portions of the NNSR rule changes in by part D of title I of the CAA. Rule); (5) ‘‘Final Rule To Implement the
Alabama’s May 2, 2011, SIP revision Alabama’s NNSR regulations at ADEM 8-Hour Ozone National Ambient Air
because the Agency has determined that Rule 335–3–14–.05 were originally Quality Standard—Phase 2; Final Rule
the changes are consistent with the approved into the SIP on November 26, To Implement Certain Aspects of the
Clean Air Act (CAA or Act) and federal 1979 (see 44 FR 67375), with periodic 1990 Amendments Relating to New
revisions approved through December 8, Source Review and Prevention of
regulations regarding NNSR permitting.
2000 (see 65 FR 76938). Alabama’s May Significant Deterioration as They Apply
DATES: This rule will be effective
2, 2011, SIP revision modifies the in Carbon Monoxide, Particulate Matter
February 10, 2016. State’s NNSR regulations in their and Ozone NAAQS; Final Rule for
ADDRESSES: EPA has established a entirety 1 with a new version that Reformulated Gasoline,’’ Final Rule, 70
docket for this action under Docket reflects changes to the federal NNSR FR 71612 (November 29, 2005)
Identification No. EPA–R04–OAR– regulations at 40 Code of Federal (hereafter referred to as the Phase 2
2012–0079. All documents in the docket Regulations (CFR) 51.165,2 including Rule); (6) ‘‘Implementation of the New
are listed on the www.regulations.gov provisions promulgated in the following Source Review (NSR) Program for
Web site. Although listed in the index, federal rules: (1) ‘‘Requirements for Particulate Matter Less Than 2.5
some information is not publicly Preparation, Adoption and Submittal of Micrometers (PM2.5),’’ Final Rule, 73 FR
available, i.e., Confidential Business Implementation Plans; Approval and 28321 (May 16, 2008) (hereafter referred
Information or other information whose Promulgation of Implementation Plans; to as the NSR PM2.5 Rule); (7)
disclosure is restricted by statute. Standards of Performance for New ‘‘Prevention of Significant Deterioration
Certain other material, such as Stationary Sources,’’ Final Rule, 57 FR (PSD) for Particulate Matter Less Than
copyrighted material, is not placed on 32314 (July 21, 1992) (hereafter referred 2.5 Micrometers (PM2.5)—Increments,
the Internet and will be publicly to as the Wisconsin Electric Power Significant Impact Levels (SILs) and
available only in hard copy form.
Significant Monitoring Concentration
Publicly available docket materials are 1 Some portions of the 2011 version of the
(SMC),’’ Final Rule, 75 FR 64864
available either electronically through regulations now being approved were previously
approved by EPA. These portions remain the same (October 20, 2010) (hereafter referred to
www.regulations.gov or in hard copy at
in substance but may have undergone as the PM2.5 PSD Increments-SILs-SMC
the Air Regulatory Management Section, administrative updates and renumbering in the Rule 3); and (8) ‘‘Prevention of
Air Planning and Implementation 2011 version.
Significant Deterioration (PSD) and
Branch, Air, Pesticides and Toxics 2 EPA’s regulations governing the implementation
of NSR permitting programs are contained in 40 Nonattainment New Source Review
Management Division, U.S.
CFR 51.160–51.166; 52.21, 52.24; and part 51, (NSR): Reconsideration of Inclusion of
Environmental Protection Agency, appendix S. The CAA NSR program is composed Fugitive Emissions; Interim Rule; Stay
Region 4, 61 Forsyth Street SW., of three separate programs: PSD, NNSR, and Minor
NSR. PSD is established in part C of title I of the and Revisions’’, Interim Rule, 76 FR
Atlanta, Georgia 30303–8960. EPA
CAA and applies in areas that meet the NAAQS— 17548 (March 30, 2011) (hereafter
requests that if at all possible, you ‘‘attainment areas’’—as well as areas where there is referred to as the Fugitive Emissions
contact the person listed in the FOR insufficient information to determine if the area Interim Rule).
ebenthall on DSK6SPTVN1PROD with RULES
FURTHER INFORMATION CONTACT section to meets the NAAQS—‘‘unclassifiable areas.’’ The
schedule your inspection. The Regional NNSR program is established in part D of title I of
the CAA and applies in areas that are not in 3 The D.C. Circuit vacated the portions of the
Office’s official hours of business are attainment of the NAAQS—‘‘nonattainment areas.’’ PM2.5 PSD Increment-SILs-SMC Rule addressing the
Monday through Friday 8:30 a.m. to The Minor NSR program addresses construction or SMC and SILs (and remanded the SILs portion to
4:30 p.m., excluding Federal holidays. modification activities that do not qualify as EPA for further consideration) for PSD, but left the
‘‘major’’ and applies regardless of the designation PM2.5 SILs in place for the NSR program in the table
FOR FURTHER INFORMATION CONTACT: For of the area in which a source is located. Together, in § 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d
information regarding the Alabama SIP, these programs are referred to as the NSR programs. 458 (D.C. Cir. 2013).
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![1126 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
• does not have Federalism The Congressional Review Act, 5 enforce its requirements. See section
implications as specified in Executive U.S.C. 801 et seq., as added by the Small 307(b)(2).
Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement
List of Subjects in 40 CFR Part 52
1999); Fairness Act of 1996, generally provides
• is not an economically significant that before a rule may take effect, the Environmental protection, Air
regulatory action based on health or agency promulgating the rule must pollution control, Carbon monoxide,
safety risks subject to Executive Order submit a rule report, which includes a Nitrogen oxides, Ozone, Particulate
13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the matter, Reporting and recordkeeping
• is not a significant regulatory action Congress and to the Comptroller General requirements, Sulfur oxides, Volatile
subject to Executive Order 13211 (66 FR of the United States. EPA will submit a organic compounds.
28355, May 22, 2001); report containing this action and other
• is not subject to requirements of Dated: December 18, 2015.
required information to the U.S. Senate,
Section 12(d) of the National Heather McTeer Toney,
the U.S. House of Representatives, and
Technology Transfer and Advancement the Comptroller General of the United Regional Administrator, Region 4.
Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in
application of those requirements would 40 CFR part 52 is amended as follows:
the Federal Register. A major rule
be inconsistent with the CAA; and cannot take effect until 60 days after it PART 52—APPROVAL AND
• does not provide EPA with the is published in the Federal Register. PROMULGATION OF
discretionary authority to address, as This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
appropriate, disproportionate human defined by 5 U.S.C. 804(2).
health or environmental effects, using
practicable and legally permissible Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52
methods, under Executive Order 12898 petitions for judicial review of this continues to read as follows:
(59 FR 7629, February 16, 1994). action must be filed in the United States Authority: 42 U.S.C. 7401 et seq.
The SIP is not approved to apply on Court of Appeals for the appropriate
any Indian reservation land or in any circuit by March 11, 2016. Filing a Subpart B—Alabama
other area where EPA or an Indian tribe petition for reconsideration by the
has demonstrated that a tribe has Administrator of this final rule does not ■ 2. Section 52.50(c) is amended under
jurisdiction. In those areas of Indian affect the finality of this action for the Chapter 335–3–14 by revising the entry
country, the rule does not have tribal purposes of judicial review nor does it for ‘‘Section 335–3–14–.05’’ to read as
implications as specified by Executive extend the time within which a petition follows:
Order 13175 (65 FR 67249, November 9, for judicial review may be filed, and
§ 52.50 Identification of plan.
2000), nor will it impose substantial shall not postpone the effectiveness of
direct costs on tribal governments or such rule or action. This action may not * * * * *
preempt tribal law. be challenged later in proceedings to (c) * * *
EPA-APPROVED ALABAMA REGULATIONS
State
State citation Title/subject effective EPA approval date Explanation
date
* * * * * * *
Chapter No. 335–3–14 Air Permits
* * * * * * *
Section 335–3–14–.05 ... Air Permits Authorizing 5/23/2011 1/11/2016 [Insert cita- With the exception of: The portion of 335–3–14–
Construction in or tion of publication]. .05(1)(k) stating ‘‘excluding ethanol production
Near Nonattainment facilities that produce ethanol by natural fer-
Areas. mentation’’; and 335–3–14–.05(2)(c)3 (ad-
dressing fugitive emission increases and de-
creases). Also with the exception of the state-
withdrawn elements: 335–3–14–.05(1)(h) (the
actual-to-potential test for projects that only in-
volve existing emissions units); the last sen-
tence at 335–3–14–.05(3)(g), stating ‘‘Inter-
pollutant offsets shall be determined based
upon the following ratios’’; and the NNSR
interpollutant ratios at 335–3–14–.05(3)(g)1–4.
* * * * * * *
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* * * * *
[FR Doc. 2015–33197 Filed 1–8–16; 8:45 am]
BILLING CODE 6560–50–P
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![Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations 1127
ENVIRONMENTAL PROTECTION The submittal addresses how the • Is not an economically significant
AGENCY existing SIP provides for regulatory action based on health or
implementation, maintenance, and safety risks subject to Executive Order
40 CFR Part 52 enforcement of the 2010 SO2 NAAQS. 13045 (62 FR 19885, April 23, 1997);
[EPA–R06–OAR–2013–0388; FRL–9940–86– This i-SIP ensures that the State’s SIP is • Is not a significant regulatory action
Region 6] adequate to meet the state’s subject to Executive Order 13211 (66 FR
responsibilities under the CAA. We did 28355, May 22, 2001);
Approval and Promulgation of not receive any comments regarding our • Is not subject to requirements of
Implementation Plans; Infrastructure proposal. section 12(d) of the National
and Interstate Transport State Technology Transfer and Advancement
II. Final Action
Implementation Plan for the 2010 Act of 1995 (15 U.S.C. 272 note) because
Sulfur Dioxide National Ambient Air EPA is approving portions of the May application of those requirements would
Quality Standards 6, 2013, infrastructure SIP submission be inconsistent with the Clean Air Act;
from Texas, which addresses the and
AGENCY: Environmental Protection requirements of CAA sections 110(a)(1)
Agency (EPA). • Does not provide EPA with the
and (2) as applicable to the 2010 SO2 discretionary authority to address, as
ACTION: Final rule. NAAQS. Specifically, EPA is approving appropriate, disproportionate human
SUMMARY: The Environmental Protection the following infrastructure elements, or health or environmental effects, using
Agency (EPA) is approving elements of portions thereof: 110(a)(2)(A), (B), (C), practicable and legally permissible
a State Implementation Plan (SIP) (D)(i)(II) (PSD portion), D(ii), (E), (F), methods, under Executive Order 12898
submission from the State of Texas for (G), (H), (J), (K), (L), and (M). EPA is not (59 FR 7629, February 16, 1994).
the Sulfur Dioxide (SO2) National taking action on: The portion pertaining
to section 110(a)(2)(D)(i)(I), which In addition, the SIP is not approved to
Ambient Air Quality Standards apply on any Indian reservation land or
(NAAQS). The submittal addresses how concerns interstate pollution transport
affecting attainment and maintenance of in any other area where EPA or an
the existing SIP provides for Indian tribe has demonstrated that a
implementation, maintenance, and the NAAQS and the portion pertaining
to section 110(a)(2)(D)(i)(II) pertaining to tribe has jurisdiction. In those areas of
enforcement of the 2010 SO2 NAAQS Indian country, the rule does not have
(infrastructure SIP or i-SIP). This i-SIP visibility protection.
tribal implications and will not impose
ensures that the State’s SIP is adequate III. Statutory and Executive Order substantial direct costs on tribal
to meet the state’s responsibilities under Reviews governments or preempt tribal law as
the Federal Clean Air Act (CAA). specified by Executive Order 13175 (65
Under the CAA, the Administrator is
DATES: This final rule is effective on required to approve a SIP submission FR 67249, November 9, 2000).
February 10, 2016. that complies with the provisions of the The Congressional Review Act, 5
ADDRESSES: EPA has established a Act and applicable Federal regulations. U.S.C. 801 et seq., as added by the Small
docket for this action under Docket ID 42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement
No. EPA–R06–OAR–2013–0388. All Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides
documents in the docket are listed on EPA’s role is to approve state choices, that before a rule may take effect, the
the http://www.regulations.gov Web provided that they meet the criteria of agency promulgating the rule must
site. Although listed in the index, some the CAA. Accordingly, this action submit a rule report, which includes a
information is not publicly available, merely approves state law as meeting copy of the rule, to each House of the
e.g., Confidential Business Information Federal requirements and does not Congress and to the Comptroller General
or other information whose disclosure is impose additional requirements beyond of the United States. EPA will submit a
restricted by statute. Certain other those imposed by state law. For that report containing this action and other
material, such as copyrighted material, reason, this action: required information to the U.S. Senate,
is not placed on the Internet and will be • Is not a ‘‘significant regulatory the U.S. House of Representatives, and
publicly available only in hard copy action’’ subject to review by the Office the Comptroller General of the United
form. Publicly available docket of Management and Budget under States prior to publication of the rule in
materials are available either Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
electronically through http:// October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
www.regulations.gov or in hard copy at January 21, 2011); is published in the Federal Register.
EPA Region 6, 1445 Ross Avenue, Suite • Does not impose an information This action is not a ‘‘major rule’’ as
700, Dallas, Texas 75202–2733. collection burden under the provisions defined by 5 U.S.C. 804(2).
FOR FURTHER INFORMATION CONTACT: of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean
Nevine Salem, 214–665–7222, U.S.C. 3501 et seq.); Air Act, petitions for judicial review of
salem.nevine@epa.gov. • Is certified as not having a this action must be filed in the United
SUPPLEMENTARY INFORMATION: significant economic impact on a States Court of Appeals for the
Throughout this document wherever substantial number of small entities appropriate circuit by March 11, 2016.
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by
the EPA. U.S.C. 601 et seq.); the Administrator of this final rule does
• Does not contain any unfunded not affect the finality of this action for
I. Background mandate or significantly or uniquely the purposed of judicial review nor does
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The background for this action is affect small governments, as described it extend the time within which a
discussed in detail in our October 6, in the Unfunded Mandates Reform Act petition for judicial review may be filed,
2015 proposal (80 FR 60314). In that of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
document, we proposed to approve • Does not have Federalism of such rule or action. This action may
portions of the SIP submittal from the implications as specified in Executive not be challenged later in proceedings to
State of Texas adopted on April 23, Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section
2013, and submitted on May 6, 2013. 1999); 307(b)(2).)
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Document Created: 2016-01-16 01:04:21
Document Modified: 2016-01-16 01:04:21
| 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 February 10, 2016. | |
| Contact | For information regarding the Alabama SIP, contact Mr. D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or via electronic mail at [email protected] For information regarding NSR, contact Ms. Yolanda | |
| FR Citation | 81 FR 1124 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Nitrogen Oxides; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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