81_FR_83366 81 FR 83142 - Air Plan Approval/Disapproval; AL Infrastructure Requirements for the 2010 1-Hour NO2

81 FR 83142 - Air Plan Approval/Disapproval; AL Infrastructure Requirements for the 2010 1-Hour NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 224 (November 21, 2016)

Page Range83142-83144
FR Document2016-27862

The Environmental Protection Agency (EPA) is taking final action to approve in part, and disapprove in part, portions of the April 23, 2013, and December 9, 2015, of the State Implementation Plan (SIP) submissions, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), to demonstrate that the State meets certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO<INF>2</INF>) 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 2010 1-hour NO<INF>2</INF> NAAQS is implemented, enforced, and maintained in Alabama. With the exception of the provisions pertaining to prevention of significant deterioration (PSD) permitting, and visibility in other states, for which EPA is proposing no action through this notice, and the provisions respecting state boards, for which EPA is finalizing disapproval, EPA has determined portions of Alabama's infrastructure SIP submissions, provided to EPA on April 23, 2013, and updated on December 9, 2015, satisfy certain required infrastructure elements for the 2010 1-hour NO<INF>2</INF> NAAQS.

Federal Register, Volume 81 Issue 224 (Monday, November 21, 2016)
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83142-83144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0756; FRL-9955-29-Region 4]


Air Plan Approval/Disapproval; AL Infrastructure Requirements for 
the 2010 1-Hour NO2 NAAQS

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, portions of the 
April 23, 2013, and December 9, 2015, of the State Implementation Plan 
(SIP) submissions, submitted by the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM), to demonstrate 
that the State meets certain infrastructure requirements of the Clean 
Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide 
(NO2) 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 
2010 1-hour NO2 NAAQS is implemented, enforced, and 
maintained in Alabama. With the exception of the provisions pertaining 
to prevention of significant deterioration (PSD) permitting, and 
visibility in other states, for which EPA is proposing no action 
through this notice, and the provisions respecting state boards, for 
which EPA is finalizing disapproval, EPA has determined portions of 
Alabama's infrastructure SIP submissions, provided to EPA on April 23, 
2013, and updated on December 9, 2015, satisfy certain required 
infrastructure elements for the 2010 1-hour NO2 NAAQS.

DATES: This rule will be effective December 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0756. 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: Richard Wong, 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. The 
telephone number is (404) 562-8726. Mr. Richard Wong can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On January 22, 2010 (75 FR 6474, February 9, 2010), EPA promulgated 
a new 1-hour primary NAAQS for NO2 at a level of 100 parts 
per billion (ppb), based on a 3-year average of the 98th percentile of 
the yearly distribution of 1-hour daily maximum concentrations. 
Pursuant to section 110(a)(1) of the CAA, states are required to submit 
SIPs meeting the requirements of section 110(a)(2) within three years 
after promulgation of a new or revised NAAQS or within such shorter 
period as EPA may prescribe. Section 110(a)(2) requires states to 
address basic SIP elements such as requirements for monitoring, basic 
program requirements and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. States were required to submit 
such SIPs for the 2010 NO2 NAAQS to EPA no later than 
January 22, 2013.
    In a proposed rulemaking published on July 20, 2016 (81 FR 47124), 
EPA proposed to approve Alabama's 2010 1-hour NO2 NAAQS 
infrastructure SIP submissions submitted on April 23, 2013, and 
December 9, 2015, 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 interstate transport requirements of section 110(a)(2)(D)(i)(I) 
and (II) (prongs 1, 2, and 4), and the state board requirements of 
section

[[Page 83143]]

110(a)(2)(E)(ii). On March 18, 2015, EPA approved Alabama's April 23, 
2013, infrastructure SIP submission regarding the PSD permitting 
requirements for major sources of sections 110(a)(2)(C), prong 3 of 
D(i) and (J) for the 2010 1-hour NO2 NAAQS. See 80 FR 
14019.\1\ Therefore, EPA is not taking any action today pertaining to 
sections 110(a)(2)(C), prong 3 of D(i) and (J). With respect to the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 
1, 2 and 4), Alabama provided a separate submissions. EPA is 
considering action on Alabama's submission related to 
110(a)(2)(D)(i)(I) (prongs 1, 2 and 4) through a separate actions. 
Additionally, with respect to Alabama's infrastructure SIP submissions 
related to section 110(a)(2)(E)(ii) requirements respecting the section 
128 state board requirements, EPA is disapproving this element of 
Alabama's submissions in this rulemaking. The details of Alabama's 
submission and the rationale for EPA's actions for this final 
rulemaking are explained in the July 20, 2016, proposed rulemaking. 
Comments on the proposed rulemaking were due on or before August 19, 
2016. EPA received no adverse comments on the proposed action.
---------------------------------------------------------------------------

    \1\ ADEM clarified that its December 9, 2015, submission was not 
intended to address the PSD requirements that were approved by EPA 
on March 18, 2015. See www.regulations.gov using Docket ID No. EPA-
R04-OAR-2014-0756.
---------------------------------------------------------------------------

II. Final Action

    EPA is taking final action to approve Alabama's infrastructure SIP 
submissions for the 2010 1-hour NO2 NAAQS, 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 interstate 
transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 
1, 2, and 4). With regard to the state board majority requirements of 
section 110(a)(2)(E)(ii), EPA is finalizing a disapproval of Alabama' 
April 23, 2013, and December 9, 2015, infrastructure submissions. Under 
section 179(a) of the CAA, final disapproval of a submittal that 
addresses a requirement of a CAA Part D Plan or is required in response 
to a finding of substantial inadequacy as described in CAA section 
110(k)(5) (SIP call) starts a sanctions clock. The portion of section 
110(a)(2)(E)(ii) provisions (the provisions being disapproved in this 
notice) were not submitted to meet requirements for Part D or a SIP 
call, and therefore, no sanctions will be triggered. However, this 
final action will trigger the requirement under section 110(c) that EPA 
promulgate a Federal Implementation Plan (FIP) no later than two years 
from the date of the disapproval unless the State corrects the 
deficiency, and EPA approves the plan or plan revision before EPA 
promulgates such FIP.

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 January 20, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 4, 2016.
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.

[[Page 83144]]

Subpart B--Alabama

0
2. Section 52.50(e), is amended by adding an entry for ``110(a)(1) and 
(2) Infrastructure Requirements for the 2010 1-hour NO2 
NAAQS'' at the end of the table to read as follows:


Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable       State submittal
  Name of  nonregulatory  SIP      geographic or       date/effective   EPA approval date       Explanation
           provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)               Alabama............          4/23/2013  11/21/2016         With the exception of
 Infrastructure Requirements                                             [Insert citation   sections:
 for the 2010 1-hour NO2 NAAQS.                                          of publication].   110(a)(2)(C) and (J)
                                                                                            concerning PSD
                                                                                            permitting
                                                                                            requirements;
                                                                                            110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1
                                                                                            through 4)
                                                                                            concerning
                                                                                            interstate transport
                                                                                            requirements and the
                                                                                            state boards of
                                                                                            section
                                                                                            110(a)(2)(E)(ii).
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.53 is amended by adding paragraph (c) to read as follows:


Sec.  52.53   Approval status.

* * * * *
    (c) Disapproval. Submittal from the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM) on April 23, 
2013, and December 9, 2015, to address the Clean Air Act section 
110(a)(2)(E)(ii) for the 2010 1-hour nitrogen dioxide (NO2) 
National Ambient Air Quality Standards (NAAQS) 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 2010 Nitrogen Dioxide 
National Ambient Air Quality Standards.
[FR Doc. 2016-27862 Filed 11-18-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  83142            Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations

                                                  § 388.2 Definition of coin-operated                     ENVIRONMENTAL PROTECTION                              available only in hard copy form.
                                                  phonorecord player.                                     AGENCY                                                Publicly available docket materials are
                                                     As used in this part, the term coin-                                                                       available either electronically through
                                                  operated phonorecord player is a                        40 CFR Part 52                                        www.regulations.gov or in hard copy at
                                                  machine or device that:                                 [EPA–R04–OAR–2014–0756; FRL–9955–29–                  the Air Regulatory Management Section,
                                                                                                          Region 4]                                             Air Planning and Implementation
                                                     (a) Is employed solely for the                                                                             Branch, Air, Pesticides and Toxics
                                                  performance of nondramatic musical                      Air Plan Approval/Disapproval; AL                     Management Division, U.S.
                                                  works by means of phonorecords upon                     Infrastructure Requirements for the                   Environmental Protection Agency,
                                                  being activated by insertion of coins,                  2010 1-Hour NO2 NAAQS                                 Region 4, 61 Forsyth Street SW.,
                                                  currency, tokens, or other monetary                                                                           Atlanta, Georgia 30303–8960. EPA
                                                  units or their equivalent;                              AGENCY:  Environmental Protection
                                                                                                                                                                requests that if at all possible, you
                                                                                                          Agency (EPA).
                                                     (b) Is located in an establishment                                                                         contact the person listed in the FOR
                                                  making no direct or indirect charge for                 ACTION: Final rule
                                                                                                                                                                FURTHER INFORMATION CONTACT section to
                                                  admission;                                              SUMMARY:    The Environmental Protection              schedule your inspection. The Regional
                                                     (c) Is accompanied by a list of the                  Agency (EPA) is taking final action to                Office’s official hours of business are
                                                  titles of all the musical works available               approve in part, and disapprove in part,              Monday through Friday 8:30 a.m. to
                                                  for performance on it, which list is                    portions of the April 23, 2013, and                   4:30 p.m., excluding Federal holidays.
                                                  affixed to the phonorecord player or                    December 9, 2015, of the State                        FOR FURTHER INFORMATION CONTACT:
                                                  posted in the establishment in a                        Implementation Plan (SIP) submissions,                Richard Wong, Air Regulatory
                                                  prominent position where it can be                      submitted by the State of Alabama,                    Management Section, Air Planning and
                                                  readily examined by the public; and                     through the Alabama Department of                     Implementation Branch, Pesticides and
                                                     (d) Affords a choice of works available              Environmental Management (ADEM), to                   Toxics Management Division, Region 4,
                                                  for performance and permits the choice                  demonstrate that the State meets certain              U.S. Environmental Protection Agency,
                                                  to be made by the patrons of the                        infrastructure requirements of the Clean              61 Forsyth Street SW., Atlanta, Georgia
                                                  establishment in which it is located.                   Air Act (CAA or Act) for the 2010 1-                  30303–8960. The telephone number is
                                                                                                          hour nitrogen dioxide (NO2) national                  (404) 562–8726. Mr. Richard Wong can
                                                  § 388.3 Compulsory license fees for coin-               ambient air quality standards (NAAQS).                also be reached via electronic mail at
                                                  operated phonorecord players.                           The CAA requires that each state adopt                wong.richard@epa.gov.
                                                                                                          and submit a SIP for the                              SUPPLEMENTARY INFORMATION:
                                                     (a) Commencing January 1, 1982, the
                                                                                                          implementation, maintenance and
                                                  annual compulsory license fee for a                                                                           I. Background and Overview
                                                                                                          enforcement of each NAAQS
                                                  coin-operated phonorecord player shall
                                                                                                          promulgated by EPA, which is                             On January 22, 2010 (75 FR 6474,
                                                  be $25.
                                                                                                          commonly referred to as an                            February 9, 2010), EPA promulgated a
                                                     (b) Commencing January 1, 1984, the                  ‘‘infrastructure’’ SIP. ADEM certified                new 1-hour primary NAAQS for NO2 at
                                                  annual compulsory license fee for a                     that the Alabama SIP contains                         a level of 100 parts per billion (ppb),
                                                  coin-operated phonorecord player shall                  provisions that ensure the 2010 1-hour                based on a 3-year average of the 98th
                                                  be $50.                                                 NO2 NAAQS is implemented, enforced,                   percentile of the yearly distribution of 1-
                                                     (c) Commencing January 1, 1987, the                  and maintained in Alabama. With the                   hour daily maximum concentrations.
                                                  annual compulsory license fee for a                     exception of the provisions pertaining to             Pursuant to section 110(a)(1) of the
                                                  coin-operated phonorecord player shall                  prevention of significant deterioration               CAA, states are required to submit SIPs
                                                  be $63.                                                 (PSD) permitting, and visibility in other             meeting the requirements of section
                                                                                                          states, for which EPA is proposing no                 110(a)(2) within three years after
                                                     (d) If performances are made available
                                                                                                          action through this notice, and the                   promulgation of a new or revised
                                                  on a particular coin-operated
                                                                                                          provisions respecting state boards, for               NAAQS or within such shorter period
                                                  phonorecord player for the first time
                                                                                                          which EPA is finalizing disapproval,                  as EPA may prescribe. Section 110(a)(2)
                                                  after July 1 of any year, the compulsory
                                                                                                          EPA has determined portions of                        requires states to address basic SIP
                                                  license fee for the remainder of that year
                                                                                                          Alabama’s infrastructure SIP                          elements such as requirements for
                                                  shall be one half of the annual rate of
                                                                                                          submissions, provided to EPA on April                 monitoring, basic program requirements
                                                  paragraph (a), (b), or (c) of this section,
                                                                                                          23, 2013, and updated on December 9,                  and legal authority that are designed to
                                                  whichever is applicable.
                                                                                                          2015, satisfy certain required                        assure attainment and maintenance of
                                                     (e) Commencing January 1, 1990, the                  infrastructure elements for the 2010 1-               the NAAQS. States were required to
                                                  annual compulsory license fee for a                     hour NO2 NAAQS.                                       submit such SIPs for the 2010 NO2
                                                  coin-operated phonorecord player is                     DATES: This rule will be effective                    NAAQS to EPA no later than January
                                                  suspended through December 31, 1999,                    December 21, 2016.                                    22, 2013.
                                                  or until such earlier or later time as the              ADDRESSES: EPA has established a                         In a proposed rulemaking published
                                                  March 1990 license agreement between                    docket for this action under Docket                   on July 20, 2016 (81 FR 47124), EPA
                                                  AMOA and ASCAP/BMI/SESAC is                             Identification No. EPA–R04–OAR–                       proposed to approve Alabama’s 2010 1-
                                                  terminated.                                             2014–0756. All documents in the docket                hour NO2 NAAQS infrastructure SIP
                                                    Dated: November 1, 2016.                              are listed on the www.regulations.gov                 submissions submitted on April 23,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Suzanne M. Barnett,                                     Web site. Although listed in the index,               2013, and December 9, 2015, with the
                                                  Chief Copyright Royalty Judge.                          some information is not publicly                      exception of the PSD permitting
                                                  Approved by:
                                                                                                          available, i.e., Confidential Business                requirements for major sources of
                                                                                                          Information or other information whose                sections 110(a)(2)(C), prong 3 of D(i),
                                                  Carla D. Hayden,                                        disclosure is restricted by statute.                  and (J) and the interstate transport
                                                  Librarian of Congress.                                  Certain other material, such as                       requirements of section 110(a)(2)(D)(i)(I)
                                                  [FR Doc. 2016–27885 Filed 11–18–16; 8:45 am]            copyrighted material, is not placed on                and (II) (prongs 1, 2, and 4), and the
                                                  BILLING CODE 1410–72–P                                  the Internet and will be publicly                     state board requirements of section


                                             VerDate Sep<11>2014   17:02 Nov 18, 2016   Jkt 241001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\21NOR1.SGM   21NOR1


                                                                   Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations                                              83143

                                                  110(a)(2)(E)(ii). On March 18, 2015, EPA                Implementation Plan (FIP) no later than               other area where EPA or an Indian tribe
                                                  approved Alabama’s April 23, 2013,                      two years from the date of the                        has demonstrated that a tribe has
                                                  infrastructure SIP submission regarding                 disapproval unless the State corrects the             jurisdiction. In those areas of Indian
                                                  the PSD permitting requirements for                     deficiency, and EPA approves the plan                 country, the rule does not have tribal
                                                  major sources of sections 110(a)(2)(C),                 or plan revision before EPA promulgates               implications as specified by Executive
                                                  prong 3 of D(i) and (J) for the 2010 1-                 such FIP.                                             Order 13175 (65 FR 67249, November 9,
                                                  hour NO2 NAAQS. See 80 FR 14019.1                                                                             2000), nor will it impose substantial
                                                  Therefore, EPA is not taking any action                 III. Statutory and Executive Order
                                                                                                          Reviews                                               direct costs on tribal governments or
                                                  today pertaining to sections 110(a)(2)(C),                                                                    preempt tribal law.
                                                  prong 3 of D(i) and (J). With respect to                   Under the CAA, the Administrator is
                                                                                                          required to approve a SIP submission                     The Congressional Review Act, 5
                                                  the interstate transport requirements of
                                                                                                          that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                                  section 110(a)(2)(D)(i)(I) (prongs 1, 2 and
                                                                                                          Act and applicable federal regulations.               Business Regulatory Enforcement
                                                  4), Alabama provided a separate
                                                                                                          See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               Fairness Act of 1996, generally provides
                                                  submissions. EPA is considering action
                                                  on Alabama’s submission related to                      Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                                  110(a)(2)(D)(i)(I) (prongs 1, 2 and 4)                  EPA’s role is to approve state choices,               agency promulgating the rule must
                                                  through a separate actions.                             provided that they meet the criteria of               submit a rule report, which includes a
                                                  Additionally, with respect to Alabama’s                 the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                                  infrastructure SIP submissions related to               merely approves state law as meeting                  Congress and to the Comptroller General
                                                  section 110(a)(2)(E)(ii) requirements                   federal requirements and does not                     of the United States. EPA will submit a
                                                  respecting the section 128 state board                  impose additional requirements beyond                 report containing this action and other
                                                  requirements, EPA is disapproving this                  those imposed by state law. For that                  required information to the U.S. Senate,
                                                  element of Alabama’s submissions in                     reason, this action:                                  the U.S. House of Representatives, and
                                                  this rulemaking. The details of                            • Is not a significant regulatory action           the Comptroller General of the United
                                                  Alabama’s submission and the rationale                  subject to review by the Office of                    States prior to publication of the rule in
                                                  for EPA’s actions for this final                        Management and Budget under                           the Federal Register. A major rule
                                                  rulemaking are explained in the July 20,                Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                                  2016, proposed rulemaking. Comments                     October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                                  on the proposed rulemaking were due                     January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                                  on or before August 19, 2016. EPA                          • does not impose an information                   defined by 5 U.S.C. 804(2).
                                                  received no adverse comments on the                     collection burden under the provisions                   Under section 307(b)(1) of the CAA,
                                                  proposed action.                                        of the Paperwork Reduction Act (44                    petitions for judicial review of this
                                                                                                          U.S.C. 3501 et seq.);                                 action must be filed in the United States
                                                  II. Final Action                                           • is certified as not having a                     Court of Appeals for the appropriate
                                                     EPA is taking final action to approve                significant economic impact on a                      circuit by January 20, 2017. Filing a
                                                  Alabama’s infrastructure SIP                            substantial number of small entities                  petition for reconsideration by the
                                                  submissions for the 2010 1-hour NO2                     under the Regulatory Flexibility Act (5               Administrator of this final rule does not
                                                  NAAQS, with the exception of the PSD                    U.S.C. 601 et seq.);                                  affect the finality of this action for the
                                                  permitting requirements for major                          • does not contain any unfunded                    purposes of judicial review nor does it
                                                  sources of sections 110(a)(2)(C), prong 3               mandate or significantly or uniquely
                                                  of D(i), and (J) and the interstate                                                                           extend the time within which a petition
                                                                                                          affect small governments, as described                for judicial review may be filed, and
                                                  transport requirements of section                       in the Unfunded Mandates Reform Act
                                                  110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,                                                                     shall not postpone the effectiveness of
                                                                                                          of 1995 (Pub. L. 104–4);
                                                                                                                                                                such rule or action. This action may not
                                                  and 4). With regard to the state board                     • does not have Federalism
                                                  majority requirements of section                                                                              be challenged later in proceedings to
                                                                                                          implications as specified in Executive
                                                  110(a)(2)(E)(ii), EPA is finalizing a                                                                         enforce its requirements. See section
                                                                                                          Order 13132 (64 FR 43255, August 10,
                                                  disapproval of Alabama’ April 23, 2013,                                                                       307(b)(2).
                                                                                                          1999);
                                                  and December 9, 2015, infrastructure                       • is not an economically significant               List of Subjects in 40 CFR Part 52
                                                  submissions. Under section 179(a) of the                regulatory action based on health or
                                                  CAA, final disapproval of a submittal                   safety risks subject to Executive Order                 Environmental protection, Air
                                                  that addresses a requirement of a CAA                   13045 (62 FR 19885, April 23, 1997);                  pollution control, Incorporation by
                                                  Part D Plan or is required in response to                  • is not a significant regulatory action           reference, Intergovernmental relations,
                                                  a finding of substantial inadequacy as                  subject to Executive Order 13211 (66 FR               Nitrogen dioxide, Ozone, Reporting and
                                                  described in CAA section 110(k)(5) (SIP                 28355, May 22, 2001);                                 recordkeeping requirements, Volatile
                                                  call) starts a sanctions clock. The                        • is not subject to requirements of                organic compounds.
                                                  portion of section 110(a)(2)(E)(ii)                     Section 12(d) of the National                           Dated: November 4, 2016.
                                                  provisions (the provisions being                        Technology Transfer and Advancement
                                                  disapproved in this notice) were not                    Act of 1995 (15 U.S.C. 272 note) because              Heather McTeer Toney,
                                                  submitted to meet requirements for Part                 application of those requirements would               Regional Administrator, Region 4.
                                                  D or a SIP call, and therefore, no                      be inconsistent with the CAA; and
                                                  sanctions will be triggered. However,                      • does not provide EPA with the                        40 CFR part 52 is amended as follows:
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                                                  this final action will trigger the                      discretionary authority to address, as                PART 52—APPROVAL AND
                                                  requirement under section 110(c) that                   appropriate, disproportionate human                   PROMULGATION OF
                                                  EPA promulgate a Federal                                health or environmental effects, using                IMPLEMENTATION PLANS
                                                                                                          practicable and legally permissible
                                                    1 ADEM clarified that its December 9, 2015,
                                                                                                          methods, under Executive Order 12898
                                                  submission was not intended to address the PSD
                                                                                                          (59 FR 7629, February 16, 1994).                      ■ 1. The authority citation for part 52
                                                  requirements that were approved by EPA on March                                                               continues to read as follows:
                                                  18, 2015. See www.regulations.gov using Docket ID          The SIP is not approved to apply on
                                                  No. EPA–R04–OAR–2014–0756.                              any Indian reservation land or in any                     Authority: 42 U.S.C. 7401 et seq.



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                                                  83144            Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations

                                                  Subpart B—Alabama                                       Infrastructure Requirements for the 2010                 § 52.50    Identification of plan.
                                                                                                          1-hour NO2 NAAQS’’ at the end of the                     *       *    *        *     *
                                                  ■ 2. Section 52.50(e), is amended by                    table to read as follows:
                                                  adding an entry for ‘‘110(a)(1) and (2)                                                                              (e) * * *

                                                                                             EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
                                                                                   Applicable
                                                           Name of               geographic or         State submittal
                                                         nonregulatory                                                          EPA approval date                                     Explanation
                                                                                 nonattainment        date/effective date
                                                         SIP provision               area


                                                            *                      *                        *                      *                       *                       *                   *
                                                  110(a)(1) and (2) Infra-       Alabama ........               4/23/2013    11/21/2016 [Insert cita-          With the exception of sections: 110(a)(2)(C) and
                                                    structure Requirements                                                     tion of publication].            (J) concerning PSD permitting requirements;
                                                    for the 2010 1-hour                                                                                         110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4)
                                                    NO2 NAAQS.                                                                                                  concerning interstate transport requirements and
                                                                                                                                                                the state boards of section 110(a)(2)(E)(ii).



                                                  ■ 3. Section 52.53 is amended by adding                 (CAA). We are finalizing without change                  disclosure is restricted by statute.
                                                  paragraph (c) to read as follows:                       our proposal to replace the control                      Certain other material, such as
                                                                                                          technology demonstration requirements                    copyrighted material, is not placed on
                                                  § 52.53   Approval status.                              for nitrogen oxides (NOX) applicable to                  the Internet and will be publicly
                                                  *     *    *     *      *                               Kiln 4 at the Clarkdale Plant and Kiln                   available only in hard copy form.
                                                    (c) Disapproval. Submittal from the                   4 at the Rillito Plant with a series of                  Publicly available docket materials are
                                                  State of Alabama, through the Alabama                   revised recordkeeping and reporting                      available electronically through http://
                                                  Department of Environmental                             requirements. When EPA finalized the                     www.regulations.gov.
                                                  Management (ADEM) on April 23, 2013,                    2014 FIP, we had limited operating data
                                                  and December 9, 2015, to address the                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                          for the use of Selective Non-Catalytic
                                                  Clean Air Act section 110(a)(2)(E)(ii) for                                                                       Colleen McKaughan, U.S. EPA, Region
                                                                                                          Reduction (SNCR) on cement plants.
                                                  the 2010 1-hour nitrogen dioxide (NO2)                                                                           9, Air Division, Air-1, 75 Hawthorne
                                                                                                          Therefore, we required that PCC and
                                                  National Ambient Air Quality Standards                                                                           Street, San Francisco, CA 94105;
                                                                                                          CPC perform control technology
                                                  (NAAQS) concerning state board                                                                                   telephone number: (520) 498–0118;
                                                                                                          demonstration projects to support the
                                                  requirements. EPA is disapproving                                                                                email address: mckaughan.colleen@
                                                                                                          control efficiencies for SNCR in the
                                                  section 110(a)(2)(E)(ii) of ADEM’s                                                                               epa.gov.
                                                                                                          2014 FIP, as well as to determine if
                                                  submittal because the Alabama SIP                       more stringent control efficiencies were                 SUPPLEMENTARY INFORMATION:
                                                  lacks provisions respecting state boards                achievable. In early 2015, a control                     Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                  per section 128 of the CAA for the 2010                 technology demonstration project was                     and ‘‘our’’ refer to the EPA.
                                                  Nitrogen Dioxide National Ambient Air                   performed on the SNCR installed at
                                                  Quality Standards.                                                                                               Table of Contents
                                                                                                          another CalPortland Cement facility, the
                                                  [FR Doc. 2016–27862 Filed 11–18–16; 8:45 am]                                                                     I. Definitions
                                                                                                          Mojave Plant. Our analysis of the SNCR
                                                  BILLING CODE 6560–50–P                                  control efficiency data from that project                II. Background
                                                                                                          indicated that more stringent SNCR                       III. Proposed Action
                                                                                                                                                                   IV. Public Comments and EPA Responses
                                                                                                          control efficiencies were not achievable
                                                  ENVIRONMENTAL PROTECTION                                                                                         V. Final Action
                                                                                                          at PCC and CPC. As a result, the                         VI. Environmental Justice Considerations
                                                  AGENCY                                                  additional information from the control                  VII. Statutory and Executive Order Reviews
                                                  40 CFR Part 52                                          technology demonstration projects
                                                                                                          required by the 2014 FIP is no longer                    I. Definitions
                                                  [EPA–R09–OAR–2015–0846; FRL–9955–17-                    needed because the PCC and CPC SNCR                        For the purpose of this document, we
                                                  Region 9]                                               control efficiencies in the 2014 FIP are                 are giving meaning to certain words or
                                                                                                          consistent with the SNCR performance                     initials as follows:
                                                  Promulgation of Air Quality
                                                                                                          at the Mojave Plant. In addition, the                      • The words or initials Act or CAA
                                                  Implementation Plans; Arizona;
                                                                                                          EPA is making a minor technical                          mean or refer to the Clean Air Act,
                                                  Regional Haze Federal Implementation
                                                                                                          correction to change an equation to                      unless the context indicates otherwise.
                                                  Plan; Reconsideration
                                                                                                          match the language in the regulatory                       • The initials ADEQ mean or refer to
                                                  AGENCY:  Environmental Protection                       text.                                                    the Arizona Department of
                                                  Agency (EPA).                                                                                                    Environmental Quality.
                                                                                                          DATES:  This rule will be effective
                                                  ACTION: Final rule.                                     December 21, 2016.                                         • The words Arizona and State mean
                                                  SUMMARY:  The Environmental Protection                  ADDRESSES: The EPA has established a                     the State of Arizona.
                                                                                                                                                                     • The initials BART mean or refer to
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                                                  Agency (EPA) is revising portions of the                docket for this action under Docket ID
                                                  Arizona Regional Haze Federal                           No. EPA–R09–OAR–2015–0846. All                           Best Available Retrofit Technology.
                                                  Implementation Plan (2014 FIP)                          documents in the docket are listed on                      • The term Class I area refers to a
                                                  applicable to the Phoenix Cement                        the http://www.regulations.gov Web                       mandatory Class I Federal area.
                                                  Company (PCC) Clarkdale Plant and the                   site. Although listed in the index, some                   • The initials CBI mean or refer to
                                                  CalPortland Cement (CPC) Rillito Plant.                 information is not publicly available,                   Confidential Business Information.
                                                  This 2014 FIP was adopted earlier under                 e.g., confidential business information                    • The initials CPC mean or refer to
                                                  the provisions of the Clean Air Act                     (CBI) or other information whose                         CalPortland Cement.


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Document Created: 2018-02-14 08:34:08
Document Modified: 2018-02-14 08:34:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule
DatesThis rule will be effective December 21, 2016.
ContactRichard Wong, 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. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached via electronic mail at [email protected]
FR Citation81 FR 83142 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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