82_FR_39236 82 FR 39078 - Air Plan Approval; Alabama; Transportation Conformity

82 FR 39078 - Air Plan Approval; Alabama; Transportation Conformity

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39078-39079
FR Document2017-17239

The Environmental Protection Agency (EPA) is proposing to approve the portion of a revision to the Alabama State Implementation plan submitted by the State of Alabama on May 8, 2013, for the purpose of amending the transportation conformity rules to be consistent with Federal requirements.

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39078-39079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17239]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0174; FRL-9966-27-Region 4]


Air Plan Approval; Alabama; Transportation Conformity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the portion of a revision to the Alabama State Implementation 
plan submitted by the State of Alabama on May 8, 2013, for the purpose 
of amending the transportation conformity rules to be consistent with 
Federal requirements.

DATES: Comments must be received on or before September 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0174 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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.,

[[Page 39079]]

Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9222. 
Ms. Sheckler can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal 
Register, EPA is approving the State's implementation plan revision as 
a direct final rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
this rule, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period on 
this document. Any parties interested in commenting on this document 
should do so at this time.

    Dated: August 4, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17239 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  39078                 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules

                                                  with respect to the 1997 8-hour Ozone                      • Is not a significant regulatory action             Dated: August 7, 2017.
                                                  NAAQS and the 2008 8-hour Ozone                         subject to review by the Office of                    V. Anne Heard,
                                                  NAAQS in the absence of SIP provisions                  Management and Budget under                           Acting Regional Administrator, Region 4.
                                                  addressing those requirements. Under                    Executive Orders 12866 (58 FR 51735,                  [FR Doc. 2017–17341 Filed 8–16–17; 8:45 am]
                                                  the CSAPR regulations, upon EPA’s full                  October 4, 1993) and 13563 (76 FR 3821,               BILLING CODE 6560–50–P
                                                  and unconditional approval of a SIP                     January 21, 2011);
                                                  revision as correcting the SIP’s                           • does not impose an information
                                                  deficiency that is the basis for a                      collection burden under the provisions                ENVIRONMENTAL PROTECTION
                                                  particular CSAPR FIP, the obligation to                                                                       AGENCY
                                                                                                          of the Paperwork Reduction Act (44
                                                  participate in the corresponding CSAPR
                                                                                                          U.S.C. 3501 et seq.);
                                                  federal trading program is automatically                                                                      40 CFR Part 52
                                                  eliminated for units subject to the state’s                • is certified as not having a
                                                                                                                                                                [EPA–R04–OAR–2017–0174; FRL–9966–27–
                                                  jurisdiction (but not for any units                     significant economic impact on a
                                                                                                                                                                Region 4]
                                                  located in any Indian country within the                substantial number of small entities
                                                  state’s borders).46 Approval of the                     under the Regulatory Flexibility Act (5               Air Plan Approval; Alabama;
                                                  portions of Alabama’s SIP submittal                     U.S.C. 601 et seq.);                                  Transportation Conformity
                                                  adopting CSAPR state trading program                       • does not contain any unfunded
                                                  rules for ozone season NOX                                                                                    AGENCY:  Environmental Protection
                                                                                                          mandate or significantly or uniquely
                                                  substantively identical to the                                                                                Agency (EPA).
                                                                                                          affect small governments, as described
                                                  corresponding CSAPR federal trading                                                                           ACTION: Proposed rule.
                                                                                                          in the Unfunded Mandates Reform Act
                                                  program regulations (or differing only                  of 1995 (Pub. L. 104–4);
                                                  with respect to the allowance allocation                                                                      SUMMARY:    The Environmental Protection
                                                  methodology) would satisfy Alabama’s                       • does not have Federalism                         Agency (EPA) is proposing to approve
                                                  obligation pursuant to CAA section                      implications as specified in Executive                the portion of a revision to the Alabama
                                                  110(a)(2)(D)(i)(I) to prohibit emissions                Order 13132 (64 FR 43255, August 10,                  State Implementation plan submitted by
                                                  which will significantly contribute to                  1999);                                                the State of Alabama on May 8, 2013, for
                                                  nonattainment or interfere with                            • is not an economically significant               the purpose of amending the
                                                  maintenance of the 1997 8-hour Ozone                    regulatory action based on health or                  transportation conformity rules to be
                                                  NAAQS in any other state. This                          safety risks subject to Executive Order               consistent with Federal requirements.
                                                  proposed approval would also partially                  13045 (62 FR 19885, April 23, 1997);                  DATES: Comments must be received on
                                                  satisfy Alabama’s obligation pursuant to                                                                      or before September 18, 2017.
                                                                                                             • is not a significant regulatory action
                                                  CAA section 110(a)(2)(D)(i)(I) to prohibit              subject to Executive Order 13211 (66 FR               ADDRESSES: Submit your comments,
                                                  emissions which will significantly                      28355, May 22, 2001);                                 identified by Docket ID No. EPA–R04–
                                                  contribute to nonattainment or interfere                                                                      OAR–2017–0174 at http://
                                                  with maintenance of the 2008 8-hour                        • is not subject to requirements of                www.regulations.gov. Follow the online
                                                  Ozone NAAQS in any other state. Thus,                   Section 12(d) of the National                         instructions for submitting comments.
                                                  the proposed approval would correct                     Technology Transfer and Advancement                   Once submitted, comments cannot be
                                                  the same deficiency in the SIP that                     Act of 1995 (15 U.S.C. 272 note) because              edited or removed from Regulations.gov.
                                                  otherwise would be corrected by those                   application of those requirements would               EPA may publish any comment received
                                                  CSAPR FIPs. The proposed approval of                    be inconsistent with the CAA; and                     to its public docket. Do not submit
                                                  the portions of Alabama’s SIP submittal                    • does not provide EPA with the                    electronically any information you
                                                  establishing CSAPR state trading                        discretionary authority to address, as                consider to be Confidential Business
                                                  program rules for ozone season NOX                      appropriate, disproportionate human                   Information (CBI) or other information
                                                  emissions therefore would result in                     health or environmental effects, using                whose disclosure is restricted by statute.
                                                  automatic termination of the obligations                practicable and legally permissible                   Multimedia submissions (audio, video,
                                                  of Alabama units to participate in the                  methods, under Executive Order 12898                  etc.) must be accompanied by a written
                                                  federal CSAPR NOX Ozone Season                          (59 FR 7629, February 16, 1994).                      comment. The written comment is
                                                  Group 2 Trading Program.                                   The SIP is not approved to apply on                considered the official comment and
                                                                                                          any Indian reservation land or in any                 should include discussion of all points
                                                  VII. Statutory and Executive Order                                                                            you wish to make. EPA will generally
                                                  Reviews                                                 other area where EPA or an Indian tribe
                                                                                                          has demonstrated that a tribe has                     not consider comments or comment
                                                    Under the CAA, the Administrator is                   jurisdiction. In those areas of Indian                contents located outside of the primary
                                                  required to approve a SIP submission                    country, the rule does not have tribal                submission (i.e. on the web, cloud, or
                                                  that complies with the provisions of the                implications as specified by Executive                other file sharing system). For
                                                  Act and applicable federal regulations.                 Order 13175 (65 FR 67249, November 9,                 additional submission methods, the full
                                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 2000), nor will it impose substantial                 EPA public comment policy,
                                                  Thus, in reviewing SIP submissions,                                                                           information about CBI or multimedia
                                                                                                          direct costs on tribal governments or
                                                  EPA’s role is to approve state choices,                                                                       submissions, and general guidance on
                                                                                                          preempt tribal law.
                                                  provided that they meet the criteria of                                                                       making effective comments, please visit
                                                  the CAA. Accordingly, this proposed                     List of Subjects in 40 CFR Part 52                    http://www2.epa.gov/dockets/
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                                                  action merely approves state law as                                                                           commenting-epa-dockets.
                                                                                                            Environmental protection,                           FOR FURTHER INFORMATION CONTACT:
                                                  meeting federal requirements and does
                                                                                                          Administrative practice and procedure,                Kelly Sheckler, Air Regulatory
                                                  not impose additional requirements
                                                                                                          Air pollution control, Incorporation by               Management Section, Air Planning and
                                                  beyond those imposed by state law. For
                                                                                                          reference, Intergovernmental relations,               Implementation Branch, Air, Pesticides
                                                  that reason, this proposed action:
                                                                                                          Nitrogen dioxide, Ozone, Reporting and                and Toxics Management Division, U.S.
                                                    46 40 CFR 52.38(b)(10); see also 40 CFR
                                                                                                          recordkeeping requirements.                           Environmental Protection Agency,
                                                  52.54(b)(1) & (2).                                        Authority: 42 U.S.C. 7401 et seq.                   Region 4, 61 Forsyth Street SW.,


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                                                                        Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules                                                 39079

                                                  Atlanta, Georgia 30303–8960. The                        plan). EPA’s proposed approval of                     federal area (Class I area) 1 within the
                                                  telephone number is (404) 562–9222.                     South Carolina’s Progress Report was                  state and in each mandatory Class I area
                                                  Ms. Sheckler can also be reached via                    published in the Federal Register on                  outside the state that may be affected by
                                                  electronic mail at sheckler.kelly@                      January 17, 2014. This supplemental                   emissions from within the state. See 40
                                                  epa.gov.                                                proposal addresses the potential effects              CFR 51.308(g). In addition, the
                                                  SUPPLEMENTARY INFORMATION:        In the                on EPA’s proposed approval from the                   provisions under 40 CFR 51.308(h)
                                                  Final Rules Section of this Federal                     April 29, 2014, decision of the United                require states to submit, at the same
                                                  Register, EPA is approving the State’s                  States Supreme Court (Supreme Court)                  time as the progress report, a
                                                  implementation plan revision as a direct                remanding to the United States Court of               determination of the adequacy of the
                                                  final rule without prior proposal                       Appeals for the District of Columbia                  state’s existing regional haze plan. The
                                                  because the Agency views this as a                      Circuit (D.C. Circuit) EPA’s Cross-State              first progress report is due five years
                                                                                                          Air Pollution Rule (CSAPR) for further                after submittal of the initial regional
                                                  noncontroversial submittal and
                                                                                                          proceedings and the D.C. Circuit’s July               haze plan.
                                                  anticipates no adverse comments. A
                                                                                                          28, 2015, decision on remand.                            SC DHEC submitted its first regional
                                                  detailed rationale for the approval is set                                                                    haze plan on December 17, 2007, and
                                                  forth in the direct final rule. If no                   DATES: Comments must be received on                   submitted its Progress Report on
                                                  adverse comments are received in                        or before September 18, 2017.                         December 28, 2012. The Progress Report
                                                  response to this rule, no further activity                                                                    and accompanying cover letter included
                                                  is contemplated. If EPA receives adverse                ADDRESSES:   Submit your comments,
                                                                                                                                                                a determination that South Carolina’s
                                                  comments, the direct final rule will be                 identified by Docket ID No. EPA–R04–
                                                                                                                                                                existing regional haze plan requires no
                                                  withdrawn and all public comments                       OAR–2013–0389 at http://
                                                                                                                                                                substantive revision to achieve the
                                                  received will be addressed in a                         www.regulations.gov. Follow the online
                                                                                                                                                                established regional haze visibility
                                                  subsequent final rule based on this                     instructions for submitting comments.                 improvement and emissions reduction
                                                  proposed rule. EPA will not institute a                 Once submitted, comments cannot be                    goals for 2018. EPA proposed to find
                                                  second comment period on this                           edited or removed from Regulations.gov.               that the State’s Progress Report satisfied
                                                  document. Any parties interested in                     EPA may publish any comment received                  the requirements of 40 CFR 51.308(g)
                                                  commenting on this document should                      to its public docket. Do not submit                   and (h) in a notice of proposed
                                                  do so at this time.                                     electronically any information you                    rulemaking (NPRM) published on
                                                    Dated: August 4, 2017.                                consider to be Confidential Business                  January 17, 2014 (79 FR 3147). Today’s
                                                  V. Anne Heard,
                                                                                                          Information (CBI) or other information                notice supplements that 2014 NPRM by
                                                                                                          whose disclosure is restricted by statute.            more fully explaining and soliciting
                                                  Acting Regional Administrator, Region 4.
                                                                                                          Multimedia submissions (audio, video,                 comment on the basis for the Agency’s
                                                  [FR Doc. 2017–17239 Filed 8–16–17; 8:45 am]
                                                                                                          etc.) must be accompanied by a written                proposed approval as it relates to the
                                                  BILLING CODE 6560–50–P
                                                                                                          comment. The written comment is                       Clean Air Interstate Rule (CAIR) and
                                                                                                          considered the official comment and                   CSAPR.
                                                                                                          should include discussion of all points
                                                  ENVIRONMENTAL PROTECTION                                                                                      II. Summary of South Carolina’s
                                                                                                          you wish to make. EPA will generally
                                                  AGENCY                                                                                                        Progress Report and EPA’s 2014 NPRM
                                                                                                          not consider comments or comment
                                                  40 CFR Part 52                                          contents located outside of the primary                  In accordance with requirements in
                                                                                                          submission (i.e., on the web, cloud, or               EPA’s Regional Haze Rule (RHR), South
                                                  [EPA–R04–OAR–2013–0389; FRL–9966–16–                    other file sharing system). For                       Carolina’s Progress Report describes the
                                                  Region 4]                                                                                                     progress made towards the RPGs of
                                                                                                          additional submission methods, the full
                                                                                                          EPA public comment policy,                            Class I areas in and outside South
                                                  Approval and Promulgation of
                                                                                                          information about CBI or multimedia                   Carolina that are affected by emissions
                                                  Implementation Plans; South Carolina;
                                                                                                          submissions, and general guidance on                  from South Carolina’s sources.2 See 40
                                                  Regional Haze State Implementation
                                                                                                          making effective comments, please visit               CFR 51.308(g). This Progress Report also
                                                  Plan
                                                                                                          http://www2.epa.gov/dockets/                          included an assessment of whether
                                                  AGENCY:  Environmental Protection                       commenting-epa-dockets.                               South Carolina’s existing regional haze
                                                  Agency (EPA).                                                                                                 plan is sufficient to allow it and other
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      nearby states with Class I areas to
                                                  ACTION: Proposed rule; supplemental.
                                                                                                          Michele Notarianni, Air Regulatory                    achieve their RPGs by the end of the
                                                  SUMMARY:   The Environmental Protection                 Management Section, Air Planning and                  first implementation period. See 40 CFR
                                                  Agency (EPA) is issuing a supplement to                 Implementation Branch, Air, Pesticides                51.308(h). In the 2014 NPRM, EPA
                                                  its proposed approval of a revision to                  and Toxics Management Division, U.S.                  proposed to approve the State’s Progress
                                                  the South Carolina State                                Environmental Protection Agency,                      Report as adequately addressing 40 CFR
                                                  Implementation Plan (SIP) submitted by                  Region 4, 61 Forsyth Street SW.,
                                                  the State of South Carolina through the                 Atlanta, Georgia 30303–8960. Ms.                        1 Areas designated as mandatory Class I federal

                                                  South Carolina Department of Health                     Notarianni can be reached via telephone               areas consist of national parks exceeding 6000
                                                                                                                                                                acres, wilderness areas and national memorial parks
                                                  and Environmental Control (SC DHEC)                     at (404) 562–9031 and via electronic                  exceeding 5000 acres, and all international parks
                                                  on December 28, 2012. South Carolina’s                  mail at notarianni.michele@epa.gov.                   that were in existence on August 7, 1977. 42 U.S.C.
                                                  SIP revision (Progress Report) addresses                                                                      7472(a). These areas are listed at 40 CFR part 81,
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                                                                                                          SUPPLEMENTARY INFORMATION:                            subpart D.
                                                  requirements of the Clean Air Act (CAA                                                                          2 EPA promulgated a rule to address regional
                                                  or Act) and EPA’s rules that require                    I. Background                                         haze, the RHR, on July 1, 1999. See 64 FR 35713.
                                                  each state to submit periodic reports                                                                         The RHR revised the existing visibility regulations
                                                  describing progress towards reasonable                    Each state is required to submit a                  to integrate into the regulation provisions
                                                  progress goals (RPGs) established for                   progress report in the form of a SIP                  addressing regional haze impairment and
                                                                                                          revision during the first implementation              established a comprehensive visibility protection
                                                  regional haze and a determination of the                                                                      program for Class I areas. See 40 CFR 51.308 and
                                                  adequacy of the state’s existing SIP                    period that evaluates progress towards                51.309. EPA revised the RHR on January 10, 2017.
                                                  addressing regional haze (regional haze                 the RPGs for each mandatory Class I                   See 82 FR 3078.



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Document Created: 2017-08-17 01:42:44
Document Modified: 2017-08-17 01:42:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 18, 2017.
ContactKelly Sheckler, 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. The telephone number is (404) 562-9222. Ms. Sheckler can also be reached via electronic mail at [email protected]
FR Citation82 FR 39078 

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