82 FR 3637 - Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 8 (January 12, 2017)
Federal Register Volume 82, Issue 8 (January 12, 2017)
| Page Range | 3637-3639 | |
| FR Document | 2017-00159 |
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)] [Rules and Regulations] [Pages 3637-3639] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00159] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0431; FRL-9957-93-Region 4] Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient Air Quality Standard 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, State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), for inclusion into the Alabama SIP. This final action pertains to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2 ) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' ADEM certified that the Alabama SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in Alabama. EPA has determined that portions of Alabama's infrastructure SIP submission, provided to EPA on April 23, 2013, satisfy certain required infrastructure elements for the 2010 1-hour SO2 NAAQS. DATES: This rule will be effective February 13, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0431. 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: Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Notarianni can be reached via electronic mail at [email protected] or via telephone at (404) 562-9031. SUPPLEMENTARY INFORMATION: I. Background and Overview On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the primary SO2 NAAQS to an hourly standard of 75 parts per billion (ppb) based on a 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable 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 1-hour SO2 NAAQS to EPA no later than June 2, 2013. EPA is taking final action to approve Alabama's April 23, 2013, submission that addresses the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2010 1-hour SO2 NAAQS, with the exception of interstate transport provisions pertaining to visibility protection requirements of section 110(a)(2)(D)(i)(II) (prong 4) and the state board requirements of section 110(a)(2)(E)(ii). With respect to the visibility protection requirements of section 110(a)(2)(D)(i)(II) (prong 4), EPA is not finalizing any action at this time regarding this requirement. With respect to Alabama's infrastructure SIP submission related to section 110(a)(2)(E)(ii) requirements respecting [[Page 3638]] the section 128 state board requirements, EPA is finalizing a disapproval of this element of Alabama's submission in this rulemaking. In a proposed rulemaking published on July 14, 2016, EPA proposed to approve in part and disapprove in part Alabama's 2010 1-hour SO2 NAAQS infrastructure SIP submission submitted on April 23, 2013. See 81 FR 45428. The details of Alabama's submission and the rationale for EPA's actions are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before August 15, 2016. EPA received adverse comments on the proposed action. II. Response to Comments EPA received two sets of comments, one of which was incomplete and therefore could not be addressed, on the July 14, 2016, proposed rulemaking on Alabama's 2010 1-hour SO2 NAAQS infrastructure SIP submission. A summary of the complete comment and EPA's response is provided below. A full set of these comments is provided in the docket for today's final rulemaking action. Comment: The Commenter stated that EPA must disapprove element 110(a)(2)(C) unless Alabama's SIP provides that no new minor source or minor modification of a major source can cause or contribute to a violation of any NAAQS. Response: EPA agrees that section 110(a)(2)(C) and the minor new source regulations at 40 CFR 51.160 through 51.164 require SIPs to includes procedures to prevent the construction of new minor sources and minor modifications of major sources if the new or modified source will interfere with attainment or maintenance of a NAAQS. EPA explained its approach to reviewing the minor source element of 110(a)(2)(C) in its proposed rulemaking for this action: ``Thus, EPA evaluates whether the state has an EPA-approved minor NSR program and whether the program addresses the pollutants relevant to that NAAQS. In the context of acting on an infrastructure SIP submission, however, EPA does not think it is necessary to conduct a review of each and every provision of a state's existing minor source program (i.e., already in the existing SIP) for compliance with the requirements of the CAA and EPA's regulations that pertain to such programs.'' See 81 FR 45431-45432 (July 14, 2016). In its 2010 1-hour SO2 NAAQS infrastructure SIP submission, Alabama certified that its SIP contains provisions to address the 110(a)(2)(C) requirements regarding new minor sources and modifications, and, as noted in EPA's proposed rulemaking, the following SIP-approved rules address the minor source element of section 110(a)(2)(C): ADEM Admin. Code r. 335-3-14-.01 General Provisions, 335-3-14-.02 Permit Procedure, and 335-3-14-.03--Standards for Granting Permits. These SIP-approved rules address NAAQS pollutants including SO2. While the Commenter did not specifically object to any aspect of Alabama's SIP submission with respect section 110(a)(2)(C), EPA notes that Alabama's SIP addresses this non- interference component for the minor new source/minor modification permitting element. Specifically relevant to this comment, these SIP- approved rules include provisions to prohibit the issuance of construction permits if the source at issue would result in a violation of any air quality standard. See ADEM Admin. Code r. 335-3- 14-.03(1)(g). III. Final Action With the exception of interstate transport provisions pertaining to visibility protection requirements of section 110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of section 110(a)(2)(E)(ii), EPA is taking final action to approve Alabama's infrastructure submission submitted on April 23, 2013, for the 2010 1- hour SO2 NAAQS for the above described infrastructure SIP requirements. EPA is taking final action to approve Alabama's infrastructure SIP submission for the 2010 1-hour SO2 NAAQS because the submission is consistent with section 110 of the CAA. EPA is finalizing disapproval of section 110(a)(2)(E)(ii) of Alabama's infrastructure submission because the State's implementation plan does not contain provisions to comply with section 128 of the Act, and thus Alabama's April 23, 2013, infrastructure SIP submission does not meet the requirements of the Act. 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 disapproved in today's notice) were not submitted to meet requirements for Part D or a SIP call, and therefore, no sanctions will be triggered. However, that 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 this disapproval unless the State corrects the deficiency, and EPA approves the plan or plan revision before EPA promulgates such FIP. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 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 [[Page 3639]] 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 13, 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: December 20, 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. Subpart B--Alabama 0 2. Section 52.50(e) is amended by adding a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO 2 National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.50 Identification of plan. * * * * * (e) * * * EPA-Approved Alabama Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of nonregulatory SIP Applicable geographic or submittal date/ EPA approval Explanation provision nonattainment area effective date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Alabama.................. 4/23/2013 1/12/2017, With the exception Infrastructure Requirements [Insert Federal of interstate for the 2010 1-hour SO2 Register page transport NAAQS. citation]. requirements of section 110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of section 110(a)(2)(E)(ii). ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.53 is amended by adding paragraph (d) to read as follows: Sec. 52.53 Approval status. * * * * * (d) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on April 23, 2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 2010 1-hour sulfur dioxide (SO2 ) 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 1-hour SO2 NAAQS. [FR Doc. 2017-00159 Filed 1-11-17; 8:45 am] BILLING CODE 6560-50-P
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TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil pen- Statutory civil pen-
alties for violations alties for violations
that occurred after that occurred after
Statutory civil pen- November 2, 2015
U.S. Code citation Environmental statute November 2, 2015
alties, as enacted and assessed on or and assessed on or
after August 1, 2016 after January 15,
but before January 2017
15, 2017
42 U.S.C. 9609(b) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 9609(c) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(a) ........................................ Emergency Planning and Community Right- $25,000 $53,907 $54,789
To-Know Act (EPCRA).
42 U.S.C. 11045(b)(1)(A) .............................. EPCRA .......................................................... $25,000 $53,907 $54,789
42 U.S.C. 11045(b)(2) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(b)(3) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(c)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789
42 U.S.C. 11045(c)(2) ................................... EPCRA .......................................................... $10,000 $21,563 $21,916
42 U.S.C. 11045(d)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789
42 U.S.C. 14304(a)(1) ................................... Mercury-Containing and Rechargeable Bat- $10,000 $15,025 $15,271
tery Management Act (Battery Act).
42 U.S.C. 14304(g) ........................................ Battery Act .................................................... $10,000 $15,025 $15,271
1 Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum
civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516).
[FR Doc. 2017–00160 Filed 1–11–17; 8:45 am] infrastructure SIP submission, provided Notarianni can be reached via electronic
BILLING CODE 6560–50–P to EPA on April 23, 2013, satisfy certain mail at notarianni.michele@epa.gov or
required infrastructure elements for the via telephone at (404) 562–9031.
2010 1-hour SO2 NAAQS. SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION DATES: This rule will be effective
AGENCY I. Background and Overview
February 13, 2017.
On June 2, 2010 (75 FR 35520, June
40 CFR Part 52 ADDRESSES: EPA has established a
22, 2010), EPA revised the primary SO2
docket for this action under Docket NAAQS to an hourly standard of 75
[EPA–R04–OAR–2014–0431; FRL–9957–93– Identification No. EPA–R04–OAR– parts per billion (ppb) based on a 3-year
Region 4] 2014–0431. All documents in the docket average of the annual 99th percentile of
are listed on the www.regulations.gov 1-hour daily maximum concentrations.
Approval and Promulgation of Web site. Although listed in the index,
Implementation Plans; Alabama; Pursuant to section 110(a)(1) of the
some information is not publicly CAA, states are required to submit SIPs
Infrastructure Requirements or the available, i.e., Confidential Business
2010 Sulfur Dioxide National Ambient meeting the applicable requirements of
Information or other information whose section 110(a)(2) within three years after
Air Quality Standard disclosure is restricted by statute. promulgation of a new or revised
AGENCY: Environmental Protection Certain other material, such as NAAQS or within such shorter period
Agency (EPA). copyrighted material, is not placed on as EPA may prescribe. Section 110(a)(2)
the Internet and will be publicly requires states to address basic SIP
ACTION: Final rule.
available only in hard copy form. elements such as requirements for
SUMMARY: The Environmental Protection Publicly available docket materials are monitoring, basic program requirements
Agency (EPA) is taking final action to available either electronically through and legal authority that are designed to
approve in part and disapprove in part www.regulations.gov or in hard copy at assure attainment and maintenance of
portions of the April 23, 2013, State the Air Regulatory Management Section, the NAAQS. States were required to
Implementation Plan (SIP) submission, Air Planning and Implementation submit such SIPs for the 2010 1-hour
submitted by the State of Alabama, Branch, Air, Pesticides and Toxics SO2 NAAQS to EPA no later than June
through the Alabama Department of Management Division, U.S. 2, 2013.
Environmental Management (ADEM), Environmental Protection Agency, EPA is taking final action to approve
for inclusion into the Alabama SIP. This Region 4, 61 Forsyth Street SW., Alabama’s April 23, 2013, submission
final action pertains to the infrastructure Atlanta, Georgia 30303–8960. EPA that addresses the infrastructure
requirements of the Clean Air Act (CAA requests that if at all possible, you requirements of CAA sections 110(a)(1)
or Act) for the 2010 1-hour sulfur contact the person listed in the FOR and 110(a)(2) for the 2010 1-hour SO2
dioxide (SO2) national ambient air FURTHER INFORMATION CONTACT section to NAAQS, with the exception of interstate
quality standard (NAAQS). The CAA schedule your inspection. The Regional transport provisions pertaining to
requires that each state adopt and Office’s official hours of business are visibility protection requirements of
submit a SIP for the implementation, Monday through Friday, 8:30 a.m. to section 110(a)(2)(D)(i)(II) (prong 4) and
maintenance and enforcement of each 4:30 p.m., excluding federal holidays. the state board requirements of section
NAAQS promulgated by EPA, which is FOR FURTHER INFORMATION CONTACT: 110(a)(2)(E)(ii). With respect to the
mstockstill on DSK3G9T082PROD with RULES
commonly referred to as an Michele Notarianni, Air Regulatory visibility protection requirements of
‘‘infrastructure SIP submission.’’ ADEM Management Section, Air Planning and section 110(a)(2)(D)(i)(II) (prong 4), EPA
certified that the Alabama SIP contains Implementation Branch, Air, Pesticides is not finalizing any action at this time
provisions that ensure the 2010 1-hour and Toxics Management Division, U.S. regarding this requirement. With respect
SO2 NAAQS is implemented, enforced, Environmental Protection Agency, to Alabama’s infrastructure SIP
and maintained in Alabama. EPA has Region 4, 61 Forsyth Street, SW., submission related to section
determined that portions of Alabama’s Atlanta, Georgia 30303–8960. Ms. 110(a)(2)(E)(ii) requirements respecting
VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1](https://thefederalregister.org/doc/82_FR_3645/page/1.svg)
![Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3639
country, the rule does not have tribal This action is not a ‘‘major rule’’ as Dated: December 20, 2016.
implications as specified by Executive defined by 5 U.S.C. 804(2). Heather McTeer Toney,
Order 13175 (65 FR 67249, November 9, Under section 307(b)(1) of the CAA, Regional Administrator, Region 4.
2000), nor will it impose substantial petitions for judicial review of this
action must be filed in the United States 40 CFR part 52 is amended as follows:
direct costs on tribal governments or
preempt tribal law. Court of Appeals for the appropriate
PART 52—APPROVAL AND
circuit by March 13, 2017. Filing a
The Congressional Review Act, 5 PROMULGATION OF
petition for reconsideration by the
U.S.C. 801 et seq., as added by the Small Administrator of this final rule does not IMPLEMENTATION PLANS
Business Regulatory Enforcement affect the finality of this action for the
Fairness Act of 1996, generally provides purposes of judicial review nor does it ■ 1. The authority citation for part 52
that before a rule may take effect, the extend the time within which a petition continues to read as follows:
agency promulgating the rule must for judicial review may be filed, and Authority: 42 U.S.C. 7401 et seq.
submit a rule report, which includes a shall not postpone the effectiveness of
copy of the rule, to each House of the such rule or action. This action may not Subpart B—Alabama
Congress and to the Comptroller General be challenged later in proceedings to
of the United States. EPA will submit a enforce its requirements. See section ■ 2. Section 52.50(e) is amended by
report containing this action and other 307(b)(2). adding a new entry ‘‘110(a)(1) and (2)
required information to the U.S. Senate, Infrastructure Requirements for the 2010
List of Subjects in 40 CFR Part 52 1-hour SO2 National Ambient Air
the U.S. House of Representatives, and
Environmental protection, Air Quality Standard’’ at the end of the table
the Comptroller General of the United
pollution control, Incorporation by to read as follows:
States prior to publication of the rule in
reference, Intergovernmental relations,
the Federal Register. A major rule Nitrogen dioxide, Ozone, Reporting and § 52.50 Identification of plan.
cannot take effect until 60 days after it recordkeeping requirements, Volatile * * * * *
is published in the Federal Register. organic compounds. (e) * * *
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable geo- State
Name of nonregulatory graphic or non- submittal date/ EPA approval date Explanation
SIP provision attainment area effective date
* * * * * * *
110(a)(1) and (2) Infra- Alabama ................. 4/23/2013 1/12/2017, [Insert Fed- With the exception of interstate transport require-
structure Requirements eral Register page ci- ments of section 110(a)(2)(D)(i)(II) (prong 4),
for the 2010 1-hour tation]. and the state board requirements of section
SO2 NAAQS. 110(a)(2)(E)(ii).
■ 3. Section 52.53 is amended by adding ENVIRONMENTAL PROTECTION enforcement of each NAAQS
paragraph (d) to read as follows: AGENCY promulgated by EPA, which is
commonly referred to as an
§ 52.53 Approval status. 40 CFR Part 52 ‘‘infrastructure’’ SIP submission. TDEC
* * * * * certified that the Tennessee SIP contains
[EPA–R04–OAR–2015–0252; FRL–9957–90– provisions that ensure the 2010 NO2
(d) Disapproval. Submittal from the Region 4]
State of Alabama, through the Alabama NAAQS is implemented, enforced, and
Department of Environmental Air Plan Approval; TN Infrastructure maintained in Tennessee. EPA has
Management (ADEM) on April 23, 2013, Requirements for the 2010 NO2 NAAQS determined that portions of Tennessee’s
infrastructure SIP submission, provided
to address the Clean Air Act section AGENCY: Environmental Protection to EPA on March 13, 2014, satisfies the
110(a)(2)(E)(ii) for the 2010 1-hour Agency (EPA). certain required infrastructure elements
sulfur dioxide (SO2) National Ambient for the 2010 NO2 NAAQS.
ACTION: Final rule.
Air Quality Standards (NAAQS)
concerning state board requirements. SUMMARY: The Environmental Protection DATES:This rule will be effective
EPA is disapproving section Agency (EPA) is taking final action on February 13, 2017.
110(a)(2)(E)(ii) of ADEM’s submittal portions of the State Implementation ADDRESSES: EPA has established a
because the Alabama SIP lacks Plan (SIP) submission, submitted by the docket for this action under Docket
provisions respecting state boards per State of Tennessee, through the Identification No. EPA–R04–OAR–
section 128 of the CAA for the 2010 1- Tennessee Department of Environment 2015–0252. All documents in the docket
hour SO2 NAAQS. and Conservation (TDEC), on March 13, are listed on the www.regulations.gov
[FR Doc. 2017–00159 Filed 1–11–17; 8:45 am] 2014, to demonstrate that the State Web site. Although listed in the index,
mstockstill on DSK3G9T082PROD with RULES
BILLING CODE 6560–50–P
meets the infrastructure requirements of some information is not publicly
the Clean Air Act (CAA or Act) for the available, i.e., Confidential Business
2010 nitrogen dioxide (NO2) national Information or other information whose
ambient air quality standard (NAAQS). disclosure is restricted by statute.
The CAA requires that each state adopt Certain other material, such as
and submit a SIP for the copyrighted material, is not placed on
implementation, maintenance and the Internet and will be publicly
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Document Created: 2017-03-21 14:40:29
Document Modified: 2017-03-21 14:40:29
| 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 13, 2017. | |
| Contact | Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Notarianni can be reached via electronic mail at [email protected] or via telephone at (404) 562-9031. | |
| FR Citation | 82 FR 3637 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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