82 FR 46674 - Air Plan Approval; Alabama; Cross-State Air Pollution Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 193 (October 6, 2017)
Federal Register Volume 82, Issue 193 (October 6, 2017)
| Page Range | 46674-46679 | |
| FR Document | 2017-21523 |
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)] [Rules and Regulations] [Pages 46674-46679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21523] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0415; FRL-9968-93--Region 4] Air Plan Approval; Alabama; Cross-State Air Pollution Rule AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of the October 26, 2015, and May 19, 2017, State Implementation Plan (SIP) revisions from Alabama replacing the Cross- State Air Pollution Rule (CSAPR) federal implementation plan (FIP). Under CSAPR, large electricity generating units (EGUs) in Alabama are subject to FIP provisions requiring the units to participate in a federal allowance trading program for ozone season emissions of nitrogen oxides (NOX ). This action approves into Alabama's SIP the State's regulations requiring Alabama's affected units to participate in a new state allowance trading program for ozone season NOX emissions integrated with the CSAPR federal trading programs, replacing the corresponding CSAPR FIP requirements for Alabama. This state trading program is substantively identical to the federal trading program except with regard to the provisions allocating emission allowances among Alabama units. Under the CSAPR regulations, final approval of these portions of the SIP revisions automatically eliminates Alabama units' FIP requirements to participate in CSAPR's federal allowance trading program for ozone season NOX emissions. Approval also fully satisfies Alabama's good neighbor obligation under the Clean Air Act (CAA or Act) to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 8-hour Ozone National Ambient Air Quality Standards (NAAQS) in any other state; and partially satisfies Alabama's good neighbor obligation under the CAA to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour Ozone NAAQS in any other state. DATES: This rule will be effective November 6, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No EPA-R04-OAR-2017-0415. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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: Ashten Bailey, Air Regulatory Management Section, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bailey can be reached by telephone at (404) 562-9164 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background on CSAPR and CSAPR-Related SIP Revisions EPA issued CSAPR \1\ in July 2011 and the CSAPR Update \2\ in 2016 to address [[Page 46675]] the requirements of CAA section 110(a)(2)(D)(i)(I) concerning interstate transport of air pollution for specific NAAQS. As amended (including by the 2016 CSAPR Update), CSAPR requires 27 eastern states to limit their statewide emissions of sulfur dioxide (SO2 ) and/or NOX in order to mitigate transported air pollution unlawfully impacting other states' ability to attain or maintain four NAAQS: The 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, the 1997 8-hour Ozone NAAQS, and the 2008 8- hour Ozone NAAQS. The CSAPR emissions limitations are defined in terms of maximum statewide ``budgets'' for emissions of annual SO2 , annual NOX , and/or ozone season NOX by each covered state's large EGUs. The CSAPR state budgets are implemented in two phases of generally increasing stringency: The Phase 1 budgets apply to emissions in 2015 and 2016; and the Phase 2 and CSAPR Update budgets apply to emissions in 2017 and later years. As a mechanism for achieving compliance with the emissions limitations, CSAPR establishes five federal emissions trading programs: A program for annual NOX emissions; two geographically separate programs for annual SO2 emissions; and two geographically separate programs for ozone season NOX emissions. CSAPR also establishes FIP requirements applicable to the large EGUs in each covered state.\3\ Currently, the CSAPR FIP provisions require each state's units to participate in up to three of the five CSAPR trading programs. --------------------------------------------------------------------------- \1\ Federal Implementation Plans; Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 52.39 and subparts AAAAA through EEEEE of 40 CFR part 97). \2\ See 81 FR 74504 (October 26, 2016). The CSAPR Update was promulgated to address interstate pollution with respect to the 2008 8-hour Ozone NAAQS and to address a judicial remand of certain original CSAPR ozone season NOX budgets promulgated with respect to the 1997 8-hour Ozone NAAQS. Id. at 74505. The CSAPR Update established new emission reduction requirements addressing the more recent ozone NAAQS and coordinated them with the remaining emission reduction requirements addressing the older NAAQS, so that starting in 2017, CSAPR includes two geographically separate trading programs for ozone season NOX emissions covering EGUs in a total of 23 states. See 40 CFR 52.38(b)(1)-(2). \3\ States are required to submit good neighbor SIPs three years after a NAAQS is promulgated. CAA section 110(a)(1) and (2). Where EPA finds that a state fails to submit a required SIP or disapproves a SIP, EPA is obligated to promulgate a FIP addressing the deficiency. CAA section 110(c). EPA found that Alabama failed to make timely submissions required to address the good neighbor provision with respect to the 1997 annual PM2.5 and 8- hour ozone NAAQS (70 FR 21147, Apr. 25, 2005), and the 2008 8-hour ozone NAAQS (80 FR 39961, June 13, 2015). In addition, EPA disapproved Alabama's SIP revision submitted to address the good neighbor provision with respect to the 2006 24-hour PM2.5 NAAQS. See 76 FR 43128 (July 20, 2011). Accordingly, as a part of CSAPR and the CSAPR Update, EPA promulgated FIPs applicable to sources in Alabama addressing the good neighbor provision with respect to these standards. --------------------------------------------------------------------------- CSAPR includes provisions under which states may submit and EPA will approve SIP revisions to modify or replace the CSAPR FIP requirements while allowing states to continue to meet their transport- related obligations using either CSAPR's federal emissions trading programs or state emissions trading programs integrated with the federal programs, provided that the SIP revisions meet all relevant criteria.\4\ Through such a SIP revision, a state may replace EPA's default provisions for allocating emission allowances among the state's units, employing any state-selected methodology to allocate or auction the allowances, subject to timing conditions and limits on overall allowance quantities. In the case of CSAPR's federal trading programs for ozone season NOX emissions (or an integrated state trading program), a state may also expand trading program applicability to include certain smaller EGUs.\5\ If a state wants to replace the CSAPR FIP requirements with SIP requirements under which the state's units participate in a state trading program that is integrated with and identical to the federal trading program even as to the allocation and applicability provisions, the state may submit a SIP revision for that purpose as well. However, no emissions budget increases or other substantive changes to the trading program provisions are allowed. A state whose units are subject to multiple CSAPR federal trading programs may submit SIP revisions to modify or replace either some or all of those FIP requirements. --------------------------------------------------------------------------- \4\ See 40 CFR 52.38, 52.39. States also retain the ability to submit SIP revisions to meet their transport-related obligations using mechanisms other than the CSAPR federal trading programs or integrated state trading programs. \5\ States covered by both the CSAPR Update and the NOX SIP Call have the additional option to expand applicability under the CSAPR NOX Ozone Season Group 2 Trading Program to include non-EGUs that would have participated in the NOX Budget Trading Program. --------------------------------------------------------------------------- States can submit two basic forms of CSAPR-related SIP revisions effective for emissions control periods in 2017 or later years.\6\ Specific conditions for approval of each form of SIP revision are set forth in the CSAPR regulations, as described in section III below. Under the first alternative--an ``abbreviated'' SIP revision--a state may submit a SIP revision that upon approval replaces the default allowance allocation and/or applicability provisions of a CSAPR federal trading program for the state.\7\ Approval of an abbreviated SIP revision leaves the corresponding CSAPR FIP and all other provisions of the relevant federal trading program in place for the state's units. --------------------------------------------------------------------------- \6\ CSAPR also provides for a third, more streamlined form of SIP revision that is effective only for control periods in 2016 (or 2018 for CSAPR NOX Ozone Season Group 2 units) and is not relevant here. See Sec. 52.38(a)(3), (b)(3), (b)(7); Sec. 52.39(d), (g). \7\ 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h). --------------------------------------------------------------------------- Under the second alternative--a ``full'' SIP revision--a state may submit a SIP revision that upon approval replaces a CSAPR federal trading program for the state with a state trading program integrated with the federal trading program, so long as the state trading program is substantively identical to the federal trading program or does not substantively differ from the federal trading program except as discussed above with regard to the allowance allocation and/or applicability provisions.\8\ For purposes of a full SIP revision, a state may either adopt state rules with complete trading program language, incorporate the federal trading program language into its state rules by reference (with appropriate conforming changes), or employ a combination of these approaches. --------------------------------------------------------------------------- \8\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i). --------------------------------------------------------------------------- The CSAPR regulations identify several important consequences and limitations associated with approval of a full SIP revision. First, upon EPA's approval of a full SIP revision as correcting the deficiency in the state's SIP that was the basis for a particular set of CSAPR FIP requirements, the obligation to participate in the corresponding CSAPR federal trading program is automatically eliminated for units subject to the state's jurisdiction without the need for a separate EPA withdrawal action, so long as EPA's approval of the SIP revision as meeting the requirements of the CSAPR regulations is full and unconditional.\9\ Second, approval of a full SIP revision does not terminate the obligation to participate in the corresponding CSAPR federal trading program for any units located in any Indian country within the borders of the state, and if and when a unit is located in Indian country within a state's borders, EPA may modify the SIP approval to exclude from the SIP, and include in the surviving CSAPR FIP instead, certain trading program provisions that apply jointly to units in the state and to units in Indian country within the state's borders.\10\ Finally, if at the time a full SIP revision is approved EPA has already started recording allocations of allowances for a given control period to a state's units, the federal trading program provisions authorizing EPA to complete the process of allocating and recording allowances for that control period to those units [[Page 46676]] will continue to apply, unless EPA's approval of the SIP revision provides otherwise.\11\ --------------------------------------------------------------------------- \9\ 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j). \10\ 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), (b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j). \11\ 40 CFR 52.38(a)(7), (b)(11); 52.39(k). --------------------------------------------------------------------------- In the CSAPR rulemaking, among other findings, EPA determined that air pollution transported from Alabama would unlawfully affect other states' ability to attain or maintain the 1997 8-hour Ozone NAAQS.\12\ In the CSAPR Update rulemaking, EPA determined that air pollution transported from Alabama would unlawfully affect other states' ability to attain or maintain the 2008 8-hour Ozone NAAQS and established an ozone season NOX budget for Alabama's EGUs representing a partial remedy for the State's interstate transport obligations with respect to that NAAQS; \13\ determined that Alabama's previous ozone season NOX budget established in the CSAPR rulemaking as a partial remedy for the State's interstate transport obligations with respect to the 1997 8-hour Ozone NAAQS now represented a full remedy with respect to that NAAQS; \14\ and coordinated compliance requirements by allowing compliance with the new CSAPR Update budget to serve the purpose of addressing the State's obligations with respect to both NAAQS.\15\ Alabama units meeting the CSAPR applicability criteria are consequently subject to CSAPR FIP requirements for participation in the CSAPR NOX Ozone Season Group 2 Trading Program in order to address the State's interstate transport obligations with respect to both the 1997 8-hour Ozone NAAQS (full remedy) and the 2008 8-hour Ozone NAAQS (partial remedy).\16\ --------------------------------------------------------------------------- \12\ See 76 FR 48208, 48210, 48213 (August 8, 2011). EPA also determined in the CSAPR rulemaking that air pollution transported from Alabama would unlawfully affect other states' ability to attain or maintain the 1997 annual PM2.5 NAAQS and the 2006 24- hour PM2.5 NAAQS. Alabama previously submitted, and EPA previously approved, a SIP revision that replaces the CSAPR FIPs for the annual trading programs in Alabama. See 81 FR 59869 (August 31, 2016). \13\ CSAPR Update, 81 FR at 74507-08. \14\ Id. at 74525. \15\ Id. at 74563 n.169. \16\ 40 CFR 52.38(b)(2)(iii); 52.54(b). --------------------------------------------------------------------------- On October 26, 2015, Alabama submitted to EPA a SIP revision including provisions that, if approved, would incorporate into Alabama's SIP state trading program regulations that would replace the CSAPR federal trading program regulations with regard to Alabama units' ozone season NOX emissions.\17\ On May 19, 2017, Alabama submitted to EPA a SIP revision that supersedes portions of the October 26, 2015, submittal to reflect changes from the CSAPR Update.\18\ On August 4, 2017, Alabama sent a letter clarifying the State's interpretation concerning the allowances for the Indian country new unit set aside for Alabama. --------------------------------------------------------------------------- \17\ As discussed above, the October 26, 2015 submittal also contained provisions related to the annual NOX and SO2 trading programs, which EPA approved in a separate rulemaking. See 81 FR 59869 (August 31, 2016). \18\ For the purposes of this rulemaking, the October 26, 2015, and May 19, 2017, submittals together may also be referred to as the ``Alabama ozone season submittals.'' --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on August 17, 2017 (82 FR 39070), EPA proposed to approve the portions of Alabama's October 26, 2015, and May 19, 2017, SIP submittals designed to replace the federal CSAPR NOX Ozone Season Group 2 Trading Program. The NPRM provides additional detail regarding the background and rationale for EPA's action. Comments on the NPRM were due on or before September 18, 2017. EPA received no adverse comments on the proposed action. II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of ADEM Administrative Code rules 335-3-8-.39 through 335-3-8-.70, state effective on June 9, 2017, comprising Alabama's TR NOX Ozone Season Trading Program. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\19\ --------------------------------------------------------------------------- \19\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Actions EPA is approving the portions of Alabama's October 26, 2015, and May 19, 2017, SIP submittals concerning the establishment for Alabama units of CSAPR state trading programs for ozone season NOX emissions. The revision adopts into the SIP the state trading program rules codified in ADEM Administrative Code rules 335-3-8-.39 through 335-3-8-.70.\20\ These Alabama CSAPR state trading programs will be integrated with the federal CSAPR NOX Ozone Season Group 2 Trading Program and are substantively identical to the federal trading programs except with regard to the allowance allocation provisions. Following approval of these portions of the SIP revision, Alabama units therefore will generally be required to meet requirements under Alabama's CSAPR state trading programs equivalent to the requirements the units otherwise would have been required to meet under the corresponding CSAPR federal trading programs, but allocations to Alabama units of CSAPR NOX Ozone Season Group 2 allowances for compliance periods in 2019 and later years will be determined according to the SIP's allocation provisions at Alabama rule 335-3- 8-.46 instead of EPA's default allocation provisions at 40 CFR 97.811(a) and (b)(1) and 97.812(a). EPA is approving these portions of the SIP revision because they meet the requirements of the CAA and EPA's regulations for approval of a CSAPR full SIP revision replacing a federal trading program with a state trading program that is integrated with and substantively identical to the federal trading program except for permissible differences with respect to emission allowance allocation provisions. --------------------------------------------------------------------------- \20\ Alabama's rules use the terms ``Transport Rule'' and ``TR'' instead of the updated terms ``Cross-State Air Pollution Rule'' and ``CSAPR.'' For simplicity, EPA uses the updated terms here except where otherwise noted. --------------------------------------------------------------------------- EPA promulgated the FIP provisions requiring Alabama units to participate in the federal CSAPR NOX Ozone Season Group 2 Trading Program in order to address Alabama's obligations under CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 8-hour Ozone NAAQS and the 2008 8-hour Ozone NAAQS in the absence of SIP provisions addressing those requirements. Under the CSAPR regulations, upon EPA's full and unconditional approval of a SIP revision as correcting the SIP's deficiency that is the basis for a particular CSAPR FIP, the obligation to participate in the corresponding CSAPR federal trading program is automatically eliminated for units subject to the state's jurisdiction (but not for any units located in any Indian country within the state's borders).\21\ Approval of the portions of Alabama's SIP submittal adopting CSAPR state trading program rules for ozone season NOX substantively identical to the corresponding CSAPR federal trading [[Page 46677]] program regulations (or differing only with respect to the allowance allocation methodology) satisfies Alabama's obligation pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 8-hour Ozone NAAQS in any other state. This approval also partially satisfies Alabama's obligation pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour Ozone NAAQS in any other state. Thus, the approval corrects the same deficiencies in the SIP that otherwise would be corrected by those CSAPR FIPs. The approval of the portions of Alabama's SIP submittal establishing CSAPR state trading program rules for ozone season NOX emissions therefore also results in the automatic termination of the obligations of Alabama units to participate in the federal CSAPR NOX Ozone Season Group 2 Trading Program. --------------------------------------------------------------------------- \21\ 40 CFR 52.38(b)(10); see also 40 CFR 52.54(b)(1) & (2). --------------------------------------------------------------------------- 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. 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 December 5, 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, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Dated: September 25, 2017. Onis ``Trey'' Glenn, III, 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 A--General Provisions Sec. 52.38 [Amended] 0 2. In Sec. 52.38, paragraph (b)(13)(iv) is amended by removing the word ``[none]'' at the end of the paragraph and adding in its place the word ``Alabama''. Subpart B-Alabama 0 3. In Sec. 52.50, the table in paragraph (c) is amended by adding the entries ``Section 335-3-8-.39,'' ``Section 335-3-8-.40,'' ``Section 335-3-8-.41,'' ``Section 335-3-8-.42'', ``Section 335-3-8-.43'', ``Section 335-3-8-.44'', ``Section 335-3-8-.45'', ``Section 335-3- 8-.46'', ``Section 335-3-8-.47'', ``Section 335-3-8-.48'', ``Section 335-3-8-.49'', ``Section 335-3-8-.50'', ``Section 335-3-8-.51'', ``Section 335-3-8-.52'', ``Section 335-3-8-.53'', ``Section 335-3- 8-.54'', ``Section 335-3-8-.55'', ``Section 335-3-8-.56'', ``Section 335-3-8-.57'', ``Section 335-3-8-.58'', ``Section 335-3-8-.59'', ``Section 335-3-8-.60'', ``Section 335-3-8-.61'', ``Section 335-3- 8-.62'', ``Section 335-3-8-.63'', ``Section 335-3-8-.64'', ``Section 335-3-8-.65'', ``Section 335-3-8-.66'', ``Section 335-3-8-.67'', ``Section 335-3-8-.68'', ``Section 335-3-8-.69'', and ``Section 335-3- 8-.70'' in numerical order to read as follows: Sec. 52.50 Identification of plan. * * * * * (c) * * * [[Page 46678]] EPA Approved Alabama Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-8-.39.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Purpose and Definitions. Section 335-3-8-.40.............. TR NOX Ozone Season Group 11/24/2015 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Applicability. Section 335-3-8-.41.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Retired Unit Exemption. Section 335-3-8-.42.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Standard Requirements. Section 335-3-8-.43.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Computation of Time. Section 335-3-8-.44.............. Administrative Appeal 11/24/2015 10/6/2017, [insert Federal Register .................................... Procedures. citation]. Section 335-3-8-.45.............. NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Register .................................... Trading Budgets and citation]. Variability Limits. Section 335-3-8-.46.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Allowance Allocations. citation]. Section 335-3-8-.47.............. Reserved................. 11/24/2015 10/6/2017, [insert Federal Register .................................... citation]. Section 335-3-8-.48.............. Authorization of 6/9/2017 10/6/2017, [insert Federal Register .................................... Designated citation]. Representative and Alternate Designated Representative. Section 335-3-8-.49.............. Responsibilities of 6/9/2017 10/6/2017, [insert Federal Register .................................... Designated citation]. Representative and Alternate Designated Representative. Section 335-3-8-.50.............. Changing Designated 6/9/2017 10/6/2017, [insert Federal Register .................................... Representative and citation]. Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source. Section 335-3-8-.51.............. Certificate of 6/9/2017 10/6/2017, [insert Federal Register .................................... Representation. citation]. Section 335-3-8-.52.............. Objections Concerning 6/9/2017 10/6/2017, [insert Federal Register .................................... Designated citation]. Representative and Alternate Designated Representative. Section 335-3-8-.53.............. Delegation by Designated 6/9/2017 10/6/2017, [insert Federal Register .................................... Representative and citation]. Alternate Designated Representative. Section 335-3-8-.54.............. Reserved................. 11/24/2015 10/6/2017, [insert Federal Register .................................... citation]. Section 335-3-8-.55.............. Establishment of 6/9/2017 10/6/2017, [insert Federal Register .................................... Compliance Accounts, citation]. Assurance Accounts, and General Accounts. Section 335-3-8-.56.............. Recordation of TR NOX 6/9/2017 10/6/2017, [insert Federal Register .................................... Ozone Season Group 2 citation]. Allowance Allocations and Auction Results. Section 335-3-8-.57.............. Submission of TR NOX 6/9/2017 10/6/2017, [insert Federal Register .................................... Ozone Season Group 2 citation]. Allowance Transfers. Section 335-3-8-.58.............. Recordation of TR NOX 6/9/2017 10/6/2017, [insert Federal Register .................................... Ozone Season Group 2 citation]. Allowance Transfers. Section 335-3-8-.59.............. Compliance with TR NOX 6/9/2017 10/6/2017, [insert Federal Register .................................... Ozone Season Group 2 citation]. Emissions Limitation. Section 335-3-8-.60.............. Compliance with TR NOX 6/9/2017 10/6/2017, [insert Federal Register .................................... Ozone Season Group 2 citation]. Assurance Provisions. Section 335-3-8-.61.............. Banking.................. 6/9/2017 10/6/2017, [insert Federal Register .................................... citation]. Section 335-3-8-.62.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Account Error. [[Page 46679]] Section 335-3-8-.63.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register .................................... 2 Trading Program-- citation]. Administrator's Action on Submissions. Section 335-3-8-.64.............. Reserved................. 11/24/2015 10/6/2017, [insert Federal Register .................................... citation]. Section 335-3-8-.65.............. General Monitoring, 6/9/2017 10/6/2017, [insert Federal Register .................................... Recordkeeping, and citation]. Reporting Requirements. Section 335-3-8-.66.............. Initial Monitoring System 6/9/2017 10/6/2017, [insert Federal Register .................................... Certification and citation]. Recertification Procedures. Section 335-3-8-.67.............. Monitoring System Out-of- 6/9/2017 10/6/2017, [insert Federal Register .................................... Control Periods. citation]. Section 335-3-8-.68.............. Notifications Concerning 6/9/2017 10/6/2017, [insert Federal Register .................................... Monitoring. citation]. Section 335-3-8-.69.............. Recordkeeping and 6/9/2017 10/6/2017, [insert Federal Register .................................... Reporting. citation]. Section 335-3-8-.70.............. Petitions for 6/9/2017 10/6/2017, [insert Federal Register .................................... Alternatives to citation]. Monitoring, Recordkeeping, or Reporting Requirements. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-21523 Filed 10-5-17; 8:45 am] BILLING CODE 6560-50-P
![46674 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
Subpart AA—Missouri § 52.1320 Identification of plan.
* * * * *
■ 2. Amend § 52.1320 by adding
paragraph (e)(65) to read as follows: (e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of non-regulatory Applicable geographic or State submittal EPA approval date Explanation
SIP revision nonattainment area date
* * * * * * *
(65) Sections 110(a)(1) Statewide .......................... 7/8/2013 10/6/2017, [Insert Federal This action approves the following CAA
and 110(a)(2) Infrastruc- Register citation]. elements: 110(a)(1) and 110(a)(2)(A),
ture Requirements for (B), (C), (D)(i)(II)—prong 3, (D)(ii),
the 2010 Sulfur Dioxide (E), (F), (G), (H), (J), (K), (L), and
NAAQS. (M). EPA is not acting on
110(a)(2)(D)(i)(I)—prongs 1 and 2.
110(a)(2)(I) is not applicable. EPA in-
tends to act on 110(a)(2)(D)(i)(II)—
prong 4 in a separate action. [EPA–
R07–OAR–2017–0515; FRL–9968–
80–Region 7.]
* * * * * * *
[FR Doc. 2017–21532 Filed 10–5–17; 8:45 am] allowances among Alabama units. the Air Regulatory Management Section,
BILLING CODE 6560–50–P Under the CSAPR regulations, final Air Planning and Implementation
approval of these portions of the SIP Branch, Air, Pesticides and Toxics
revisions automatically eliminates Management Division, U.S.
ENVIRONMENTAL PROTECTION Alabama units’ FIP requirements to Environmental Protection Agency,
AGENCY participate in CSAPR’s federal Region 4, 61 Forsyth Street SW.,
allowance trading program for ozone Atlanta, Georgia 30303–8960. EPA
40 CFR Part 52 season NOX emissions. Approval also requests that if at all possible, you
[EPA–R04–OAR–2017–0415; FRL–9968– fully satisfies Alabama’s good neighbor contact the person listed in the FOR
93—Region 4] obligation under the Clean Air Act FURTHER INFORMATION CONTACT section to
(CAA or Act) to prohibit emissions schedule your inspection. The Regional
Air Plan Approval; Alabama; Cross- which will significantly contribute to Office’s official hours of business are
State Air Pollution Rule nonattainment or interfere with Monday through Friday 8:30 a.m. to
maintenance of the 1997 8-hour Ozone 4:30 p.m., excluding federal holidays.
AGENCY: Environmental Protection
National Ambient Air Quality Standards FOR FURTHER INFORMATION CONTACT:
Agency.
(NAAQS) in any other state; and Ashten Bailey, Air Regulatory
ACTION: Final rule. partially satisfies Alabama’s good Management Section, Air, Pesticides
SUMMARY: The Environmental Protection neighbor obligation under the CAA to and Toxics Management Division, U.S.
Agency (EPA) is approving portions of prohibit emissions which will Environmental Protection Agency,
the October 26, 2015, and May 19, 2017, significantly contribute to Region 4, 61 Forsyth Street SW.,
State Implementation Plan (SIP) nonattainment or interfere with Atlanta, Georgia 30303–8960. Ms. Bailey
revisions from Alabama replacing the maintenance of the 2008 8-hour Ozone can be reached by telephone at (404)
Cross-State Air Pollution Rule (CSAPR) NAAQS in any other state. 562–9164 or via electronic mail at
federal implementation plan (FIP). DATES: This rule will be effective bailey.ashten@epa.gov.
Under CSAPR, large electricity November 6, 2017. SUPPLEMENTARY INFORMATION:
generating units (EGUs) in Alabama are ADDRESSES: EPA has established a I. Background on CSAPR and CSAPR-
subject to FIP provisions requiring the docket for this action under Docket Related SIP Revisions
units to participate in a federal Identification No EPA–R04–OAR–2017–
allowance trading program for ozone 0415. All documents in the docket are EPA issued CSAPR 1 in July 2011 and
season emissions of nitrogen oxides listed on the www.regulations.gov Web the CSAPR Update 2 in 2016 to address
(NOX). This action approves into site. Although listed in the index, some 1 Federal Implementation Plans; Interstate
Alabama’s SIP the State’s regulations information may not be publicly Transport of Fine Particulate Matter and Ozone and
requiring Alabama’s affected units to available, i.e., Confidential Business Correction of SIP Approvals, 76 FR 48208 (August
participate in a new state allowance Information or other information whose 8, 2011) (codified as amended at 40 CFR 52.38 and
asabaliauskas on DSKBBXCHB2PROD with RULES
trading program for ozone season NOX disclosure is restricted by statute. 52.39 and subparts AAAAA through EEEEE of 40
CFR part 97).
emissions integrated with the CSAPR Certain other material, such as 2 See 81 FR 74504 (October 26, 2016). The CSAPR
federal trading programs, replacing the copyrighted material, is not placed on Update was promulgated to address interstate
corresponding CSAPR FIP requirements the Internet and will be publicly pollution with respect to the 2008 8-hour Ozone
for Alabama. This state trading program available only in hard copy form. NAAQS and to address a judicial remand of certain
original CSAPR ozone season NOX budgets
is substantively identical to the federal Publicly available docket materials are promulgated with respect to the 1997 8-hour Ozone
trading program except with regard to available either electronically through NAAQS. Id. at 74505. The CSAPR Update
the provisions allocating emission www.regulations.gov or in hard copy at established new emission reduction requirements
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![Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46677
program regulations (or differing only • Does not have Federalism shall not postpone the effectiveness of
with respect to the allowance allocation implications as specified in Executive such rule or action. This action may not
methodology) satisfies Alabama’s Order 13132 (64 FR 43255, August 10, be challenged later in proceedings to
obligation pursuant to CAA section 1999); enforce its requirements. See section
110(a)(2)(D)(i)(I) to prohibit emissions • Is not an economically significant 307(b)(2).
which will significantly contribute to regulatory action based on health or
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52
nonattainment or interfere with
maintenance of the 1997 8-hour Ozone 13045 (62 FR 19885, April 23, 1997); Environmental protection,
NAAQS in any other state. This • Is not a significant regulatory action Administrative practice and procedure,
approval also partially satisfies subject to Executive Order 13211 (66 FR Air pollution control, Incorporation by
Alabama’s obligation pursuant to CAA 28355, May 22, 2001); reference, Intergovernmental relations,
section 110(a)(2)(D)(i)(I) to prohibit • Is not subject to requirements of Nitrogen dioxide, Ozone, Reporting and
emissions which will significantly section 12(d) of the National recordkeeping requirements.
contribute to nonattainment or interfere Technology Transfer and Advancement
Dated: September 25, 2017.
with maintenance of the 2008 8-hour Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would Onis ‘‘Trey’’ Glenn, III,
Ozone NAAQS in any other state. Thus, Regional Administrator, Region 4.
the approval corrects the same be inconsistent with the CAA; and
• Does not provide EPA with the 40 CFR part 52 is amended as follows:
deficiencies in the SIP that otherwise
discretionary authority to address, as
would be corrected by those CSAPR
appropriate, disproportionate human PART 52—APPROVAL AND
FIPs. The approval of the portions of
health or environmental effects, using PROMULGATION OF
Alabama’s SIP submittal establishing
practicable and legally permissible IMPLEMENTATION PLANS
CSAPR state trading program rules for
methods, under Executive Order 12898
ozone season NOX emissions therefore
(59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 52
also results in the automatic termination The SIP is not approved to apply on continues to read as follows:
of the obligations of Alabama units to any Indian reservation land or in any
participate in the federal CSAPR NOX Authority: 42.U.S.C. 7401 et seq.
other area where EPA or an Indian tribe
Ozone Season Group 2 Trading has demonstrated that a tribe has
Program. Subpart A—General Provisions
jurisdiction. In those areas of Indian
IV. Statutory and Executive Order country, the rule does not have tribal § 52.38 [Amended]
Reviews implications as specified by Executive ■ 2. In § 52.38, paragraph (b)(13)(iv) is
Order 13175 (65 FR 67249, November 9, amended by removing the word
Under the CAA, the Administrator is 2000), nor will it impose substantial
required to approve a SIP submission ‘‘[none]’’ at the end of the paragraph and
direct costs on tribal governments or adding in its place the word ‘‘Alabama’’.
that complies with the provisions of the preempt tribal law.
Act and applicable Federal regulations. The Congressional Review Act, 5 Subpart B–Alabama
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). U.S.C. 801 et seq., as added by the Small
Thus, in reviewing SIP submissions, Business Regulatory Enforcement ■ 3. In § 52.50, the table in paragraph (c)
EPA’s role is to approve state choices, Fairness Act of 1996, generally provides is amended by adding the entries
provided that they meet the criteria of that before a rule may take effect, the ‘‘Section 335–3–8–.39,’’ ‘‘Section 335–
the CAA. This action merely approves agency promulgating the rule must 3–8–.40,’’ ‘‘Section 335–3–8–.41,’’
state law as meeting Federal submit a rule report, which includes a ‘‘Section 335–3–8–.42’’, ‘‘Section 335–
requirements and does not impose copy of the rule, to each House of the 3–8–.43’’, ‘‘Section 335–3–8–.44’’,
additional requirements beyond those Congress and to the Comptroller General ‘‘Section 335–3–8–.45’’, ‘‘Section 335–
imposed by state law. For that reason, of the United States. EPA will submit a 3–8–.46’’, ‘‘Section 335–3–8–.47’’,
this action: report containing this action and other ‘‘Section 335–3–8–.48’’, ‘‘Section 335–
• Is not a significant regulatory action required information to the U.S. Senate, 3–8–.49’’, ‘‘Section 335–3–8–.50’’,
subject to review by the Office of the U.S. House of Representatives, and ‘‘Section 335–3–8–.51’’, ‘‘Section 335–
Management and Budget under the Comptroller General of the United 3–8–.52’’, ‘‘Section 335–3–8–.53’’,
Executive Orders 12866 (58 FR 51735, States prior to publication of the rule in ‘‘Section 335–3–8–.54’’, ‘‘Section 335–
October 4, 1993) and 13563 (76 FR 3821, the Federal Register. A major rule 3–8–.55’’, ‘‘Section 335–3–8–.56’’,
January 21, 2011); cannot take effect until 60 days after it ‘‘Section 335–3–8–.57’’, ‘‘Section 335–
• Does not impose an information is published in the Federal Register. 3–8–.58’’, ‘‘Section 335–3–8–.59’’,
collection burden under the provisions This action is not a ‘‘major rule’’ as ‘‘Section 335–3–8–.60’’, ‘‘Section 335–
of the Paperwork Reduction Act (44 defined by 5 U.S.C. 804(2). 3–8–.61’’, ‘‘Section 335–3–8–.62’’,
U.S.C. 3501 et seq.); Under section 307(b)(1) of the CAA, ‘‘Section 335–3–8–.63’’, ‘‘Section 335–
• Is certified as not having a petitions for judicial review of this 3–8–.64’’, ‘‘Section 335–3–8–.65’’,
significant economic impact on a action must be filed in the United States ‘‘Section 335–3–8–.66’’, ‘‘Section 335–
substantial number of small entities Court of Appeals for the appropriate 3–8–.67’’, ‘‘Section 335–3–8–.68’’,
under the Regulatory Flexibility Act (5 circuit by December 5, 2017. Filing a ‘‘Section 335–3–8–.69’’, and ‘‘Section
U.S.C. 601 et seq.); petition for reconsideration by the 335–3–8–.70’’ in numerical order to
asabaliauskas on DSKBBXCHB2PROD with RULES
• Does not contain any unfunded Administrator of this final rule does not read as follows:
mandate or significantly or uniquely affect the finality of this action for the
affect small governments, as described purposes of judicial review nor does it § 52.50 Identification of plan.
in the Unfunded Mandates Reform Act extend the time within which a petition * * * * *
of 1995 (Pub. L. 104–4); for judicial review may be filed, and (c) * * *
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![46678 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
EPA APPROVED ALABAMA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Chapter No. 335–3–8 Control of Nitrogen Oxides Emissions
* * * * * * *
Section 335–3–8–.39 ............. TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal
Trading Program—Purpose and Register citation].
Definitions.
Section 335–3–8–.40 ............. TR NOX Ozone Season Group 2 11/24/2015 10/6/2017, [insert Federal
Trading Program—Applicability. Register citation].
Section 335–3–8–.41 ............. TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal
Trading Program—Retired Unit Ex- Register citation].
emption.
Section 335–3–8–.42 ............. TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal
Trading Program—Standard Re- Register citation].
quirements.
Section 335–3–8–.43 ............. TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal
Trading Program—Computation of Register citation].
Time.
Section 335–3–8–.44 ............. Administrative Appeal Procedures .... 11/24/2015 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.45 ............. NOX Ozone Season Group 2 Trading 6/9/2017 10/6/2017, [insert Federal
Budgets and Variability Limits. Register citation].
Section 335–3–8–.46 ............. TR NOX Ozone Season Group 2 Al- 6/9/2017 10/6/2017, [insert Federal
lowance Allocations. Register citation].
Section 335–3–8–.47 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.48 ............. Authorization of Designated Rep- 6/9/2017 10/6/2017, [insert Federal
resentative and Alternate Des- Register citation].
ignated Representative.
Section 335–3–8–.49 ............. Responsibilities of Designated Rep- 6/9/2017 10/6/2017, [insert Federal
resentative and Alternate Des- Register citation].
ignated Representative.
Section 335–3–8–.50 ............. Changing Designated Representative 6/9/2017 10/6/2017, [insert Federal
and Alternate Designated Rep- Register citation].
resentative; Changes in Owners
and Operators; Changes in Units
at the Source.
Section 335–3–8–.51 ............. Certificate of Representation ............. 6/9/2017 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.52 ............. Objections Concerning Designated 6/9/2017 10/6/2017, [insert Federal
Representative and Alternate Des- Register citation].
ignated Representative.
Section 335–3–8–.53 ............. Delegation by Designated Rep- 6/9/2017 10/6/2017, [insert Federal
resentative and Alternate Des- Register citation].
ignated Representative.
Section 335–3–8–.54 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.55 ............. Establishment of Compliance Ac- 6/9/2017 10/6/2017, [insert Federal
counts, Assurance Accounts, and Register citation].
General Accounts.
Section 335–3–8–.56 ............. Recordation of TR NOX Ozone Sea- 6/9/2017 10/6/2017, [insert Federal
son Group 2 Allowance Allocations Register citation].
and Auction Results.
Section 335–3–8–.57 ............. Submission of TR NOX Ozone Sea- 6/9/2017 10/6/2017, [insert Federal
son Group 2 Allowance Transfers. Register citation].
Section 335–3–8–.58 ............. Recordation of TR NOX Ozone Sea- 6/9/2017 10/6/2017, [insert Federal
son Group 2 Allowance Transfers. Register citation].
Section 335–3–8–.59 ............. Compliance with TR NOX Ozone 6/9/2017 10/6/2017, [insert Federal
asabaliauskas on DSKBBXCHB2PROD with RULES
Season Group 2 Emissions Limita- Register citation].
tion.
Section 335–3–8–.60 ............. Compliance with TR NOX Ozone 6/9/2017 10/6/2017, [insert Federal
Season Group 2 Assurance Provi- Register citation].
sions.
Section 335–3–8–.61 ............. Banking .............................................. 6/9/2017 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.62 ............. TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal
Trading Program—Account Error. Register citation].
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![Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46679
EPA APPROVED ALABAMA REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Explanation
date
Section 335–3–8–.63 ............. TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal
Trading Program—Administrator’s Register citation].
Action on Submissions.
Section 335–3–8–.64 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.65 ............. General Monitoring, Recordkeeping, 6/9/2017 10/6/2017, [insert Federal
and Reporting Requirements. Register citation].
Section 335–3–8–.66 ............. Initial Monitoring System Certification 6/9/2017 10/6/2017, [insert Federal
and Recertification Procedures. Register citation].
Section 335–3–8–.67 ............. Monitoring System Out-of-Control 6/9/2017 10/6/2017, [insert Federal
Periods. Register citation].
Section 335–3–8–.68 ............. Notifications Concerning Monitoring 6/9/2017 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.69 ............. Recordkeeping and Reporting .......... 6/9/2017 10/6/2017, [insert Federal
Register citation].
Section 335–3–8–.70 ............. Petitions for Alternatives to Moni- 6/9/2017 10/6/2017, [insert Federal
toring, Recordkeeping, or Report- Register citation].
ing Requirements.
* * * * * * *
* * * * * will publish a timely withdrawal of the and ‘‘our’’ refer to EPA. This section
[FR Doc. 2017–21523 Filed 10–5–17; 8:45 am] direct final rule in the Federal Register provides additional information by
BILLING CODE 6560–50–P informing the public that the rule will addressing the following:
not take effect. I. What is being addressed in this document?
ADDRESSES: Submit your comments, II. Have the requirements for approval of a
ENVIRONMENTAL PROTECTION identified by Docket ID No. EPA–R07– SIP revision been met?
AGENCY OAR–2015–0356, to https:// III. What action is EPA taking?
www.regulations.gov. Follow the online IV. Statutory and Executive Order Reviews.
40 CFR Part 52 instructions for submitting comments. I. What is being addressed in this
[EPA–R07–OAR–2015–0356; FRL–9968–82– Once submitted, comments cannot be document?
Region 7] edited or removed from Regulations.gov.
EPA is approving the infrastructure
EPA may publish any comment received
Approval of Missouri Air Quality SIP submission from the State of
to its public docket. Do not submit
Implementation Plans; Infrastructure Missouri received on July 08, 2013, as
electronically any information you
SIP Requirements for the 2008 Ozone meeting the submittal requirements of
consider to be Confidential Business
National Ambient Air Quality Standard 110(a)(1). EPA is approving the
Information (CBI) or other information
following elements of section 110(a)(2):
AGENCY: Environmental Protection whose disclosure is restricted by statute.
(A), (B), (C), (D)(i)(II)—prevent
Agency (EPA). Multimedia submissions (audio, video,
significant deterioration of air quality
ACTION: Direct final rule.
etc.) must be accompanied by a written
(prong 3), (D)(ii), (E) through (H), and (J)
comment. The written comment is
through (M). EPA is not acting on the
SUMMARY: The Environmental Protection considered the official comment and
elements of section 110(a)(2)(D)(i)(I)—
Agency (EPA) is approving elements of should include discussion of all points
significant contribution to
a State Implementation Plan (SIP) you wish to make. EPA will generally
nonattainment (prong 1), interfering
revision from the State of Missouri for not consider comments or comment
with maintenance of the NAAQs (prong
the 2008 Ozone National Ambient Air contents located outside of the primary
2) because those elements were not
Quality Standard (NAAQS). Section 110 submission (i.e. on the web, cloud, or
addressed in the SIP revision submittal.
of the CAA requires that each state other file sharing system). For
EPA is not acting on section 110(a)(2)(I).
adopt and submit a SIP for the additional submission methods, the full
EPA will act on 110(a)(2)(D)(i)(II)—
implementation, maintenance, and EPA public comment policy,
protection of visibility (prong 4) in a
enforcement of each new or revised information about CBI or multimedia
separate action.
NAAQS promulgated by EPA. These submissions, and general guidance on A Technical Support Document (TSD)
SIPs are commonly referred to as making effective comments, please visit is included as part of the docket to
‘‘infrastructure’’ SIPs. The infrastructure https://www2.epa.gov/dockets/ discuss the details of this action,
requirements are designed to ensure that commenting-epa-dockets. including analysis of how the SIP meets
the structural components of each FOR FURTHER INFORMATION CONTACT: the applicable 110 requirements for
asabaliauskas on DSKBBXCHB2PROD with RULES
state’s air quality management program Tracey Casburn, Environmental infrastructure SIPs.
are adequate to meet the state’s Protection Agency, Air Planning and
responsibilities under the CAA. Development Branch, 11201 Renner II. Have the requirements for approval
DATES: This direct final rule will be Boulevard, Lenexa, Kansas 66219 at of a SIP revision been met?
effective December 5, 2017, without (913) 551–7016, or by email at The state’s submission has met the
further notice, unless EPA receives casburn.tracey@epa.gov. public notice requirements for the
adverse comment by November 6, 2017. SUPPLEMENTARY INFORMATION: Ozone infrastructure SIP submission in
If EPA receives adverse comment, we Throughout this document ‘‘we,’’ ‘‘us,’’ accordance with 40 CFR 51.102. The
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Document Created: 2017-10-06 00:08:45
Document Modified: 2017-10-06 00:08:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective November 6, 2017. | |
| Contact | Ashten Bailey, Air Regulatory Management Section, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bailey can be reached by telephone at (404) 562-9164 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 46674 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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