82_FR_47115 82 FR 46921 - Air Plan Approval; Alabama: Prevention of Significant Deterioration Updates

82 FR 46921 - Air Plan Approval; Alabama: Prevention of Significant Deterioration Updates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range46921-46923
FR Document2017-21605

The Environmental Protection Agency (EPA) is taking final action to approve portions of revisions to Alabama's State Implementation Plan (SIP), submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on May 8, 2013, and August 23, 2016. The portions of these SIP revisions that EPA is finalizing approval of relate to the State's Prevention of Significant Deterioration (PSD) permitting program. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46921-46923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0360; FRL-9968-90-Region 4]


Air Plan Approval; Alabama: Prevention of Significant 
Deterioration Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of revisions to Alabama's State 
Implementation Plan (SIP), submitted by the State of Alabama, through 
the Alabama Department of Environmental Management (ADEM), on May 8, 
2013, and August 23, 2016. The portions of these SIP revisions that EPA 
is finalizing approval of relate to the State's Prevention of 
Significant Deterioration (PSD) permitting program. This action is 
being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective November 9, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0360. 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: Andres Febres of 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. Mr. Febres can be reached by telephone at (404) 562-8966 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 8, 2013 and August 23, 2016, ADEM submitted SIP revisions 
for EPA's approval that include changes to Alabama's PSD permitting 
regulations, among other changes. In a notice of proposed rulemaking 
published on August 15, 2017 (82 FR 38660), EPA proposed to approve 
certain portions of these submittals that make changes to ADEM 
Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing 
Construction in Clean Areas (Prevention of Significant Deterioration 
Permitting (PSD)),'' which applies to the construction or modification 
of any major stationary source in areas designated as attainment or 
unclassifiable as required by part C of title I of the CAA.
    Alabama's May 8, 2013, SIP submittal includes changes to Rule 335-
3-14-.04 to address the Federal rule entitled ``Implementation of the 
New Source Review (NSR) Program for Particulate Matter Less Than 2.5 
Micrometers (PM2.5): Amendment to the Definition of 
`Regulated NSR Pollutant' Concerning Condensable Particulate Matter,'' 
77 FR 65107 (October 25, 2012) (hereinafter referred to as the 
PM2.5 Condensables Correction Rule),\1\ and plantwide 
applicability limits (PALs) for greenhouse gases (GHGs) as allowed in 
the Federal rule entitled ``Prevention of Significant Deterioration and 
Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide 
Applicability Limits,'' 77 FR 41051 (July 12, 2012) (hereinafter 
referred to as the GHG Step 3 Rule).\2\ In addition, the SIP submittal 
includes changes to the definition of GHGs in Rule 335-3-14-.04 and 
Rule 335-3-16 (regarding major source operating permits) to address 
EPA's July 20, 2011 rule deferring PSD requirements for carbon dioxide 
(CO2) emissions from bioenergy and other biogenic sources 
(hereinafter referred to as the ``Biomass Deferral Rule'').\3\ 
Alabama's May 8, 2013, SIP submission also includes the following 
changes to other Alabama rules: Changes to the definition of Volatile 
Organic Compounds (VOCs) at Rule 335-3-1-.02; changes to the 
incorporation by reference (IBR) of the Federal New Source Performance 
Standards in Chapter 335-3-10 and National Emissions Standards for 
Hazardous Air Pollutants in Chapter 335-3-11; and changes regarding 
transportation conformity provisions at Rule Chapter 335-3-16.
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    \1\ Given the corrections to the federal definition of 
``particulate matter emissions'' in the PM2.5 
Condensables Correction Rule, EPA is removing the note regarding 
``particulate matter emissions'' in the table entry for Rule 335-3-
14-.04 at 40 CFR 52.50(c). In addition, EPA is removing the note 
regarding PM2.5 Significant Impact Levels (SILs) in the 
table entry for Rule 335-3-14-.04 at 40 CFR 52.50(c) because, on 
October 9, 2014, ADEM submitted a letter to EPA withdrawing these 
SILs from EPA's consideration as included in a May 2, 2011, SIP 
submittal.
    \2\ For background information on GHG permitting, including the 
GHG Step 3 Rule, see 82 FR 38662.
    \3\ Emissions of CO2 from a stationary source 
directly resulting from the combustion or decomposition of 
biologically-based materials other than fossil fuels and mineral 
sources of carbon (e.g., calcium carbonate) and biologically-based 
material (non-fossilized and biodegradable organic material 
originating from plants, animals or micro-organisms, including 
products, by-products, residues and waste from agriculture, forestry 
and related industries as well as the non-fossilized and 
biodegradable organic fractions of industrial and municipal wastes, 
including gases and liquids recovered from the decomposition of non-
fossilized and biodegradable organic material).
---------------------------------------------------------------------------

    Alabama's August 23, 2016, SIP submittal includes changes to Rule 
335-3-14-.04 and Rule Chapter 335-3-16 to remove the treatment of GHGs 
as an air pollutant for the specific purpose of determining whether a 
source is a major source (or a modification thereof) in PSD and title V 
permitting requirements.\4\ The submittal also withdraws the portion of 
the State's May 8, 2013, SIP submittal that revises Rule 335-3-14-.04 
to address the Biomass Deferral Rule and makes changes to the GHG Step 
3 language proposed in Alabama's May 8, 2013, submittal.
---------------------------------------------------------------------------

    \4\ i.e., removing regulation of ``GHG-only'' sources.
---------------------------------------------------------------------------

    In the August 15, 2017, proposed rulemaking, EPA proposed to 
approve only the portions of the May 8, 2013, submittal that make 
changes to the GHG PAL provisions pursuant to the GHG Step 3 rule and 
the portions of the August 23, 2016, submittal that discontinue 
regulation of GHGs as an air pollutant for the specific purpose of 
determining whether a source is a major source (or a modification 
thereof) in PSD and title V permitting requirements and that make 
changes to the GHG Step 3 language proposed in Alabama's May 8, 2013, 
submittal. EPA did not propose any action on the remaining portions of 
these submittals. The details of Alabama's SIP revisions and the

[[Page 46922]]

rationale for EPA's action are further explained in the notice of 
proposed rulemaking. Comments on the proposed rulemaking were due on or 
before September 14, 2017. EPA did not receive any comments on the 
proposed action, adverse or otherwise.

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 335-3-14-.04(1)(k), 335-3-14-.04(2)(a)(ii), 
and 335-3-14-.04(b)4, state effective on November 25, 2014. 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 into Alabama's 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.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is finalizing approval of portions of Alabama's May 8, 2013, 
and August 23, 2016, SIP submittals that revise the PSD permitting 
program at Rule 335-3-14-.04--``Air Permits Authorizing Construction in 
Clean Areas (Prevention of Significant Deterioration Permitting 
(PSD))'' by removing language regulating GHG-only sources and by adding 
language to the PAL provisions.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian 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 11, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate Matter, Volatile 
organic compounds.

    Dated: September 21, 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 B--Alabama

0
2. In Sec.  52.50, the table in paragraph (c) is amended under 
``Chapter No. 335-3-14 Air Permits'' by revising the entry for 
``Section 335-3-14-.04'' to read as follows:


Sec.  52.50   Identification of plan.

* * * * *
    (c) * * *

[[Page 46923]]



                                                            EPA Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   State
          State citation                 Title/subject        effective date            EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Chapter No. 335-3-14 Air Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 335-3-14-.04.............  Air Permits Authorizing        11/25/2014  10/10/2017..........................  ....................................
                                    Construction in Clean                     [Insert Federal Register citation]..
                                    Air Areas [Prevention of
                                    Significant
                                    Deterioration Permitting
                                    (PSD)).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-21605 Filed 10-6-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                      46921

                                             *      *     *       *      *                           FOR FURTHER INFORMATION CONTACT:                          335–3–16 (regarding major source
                                             [FR Doc. 2017–21606 Filed 10–6–17; 8:45 am]             Andres Febres of the Air Regulatory                       operating permits) to address EPA’s July
                                             BILLING CODE 6560–50–P                                  Management Section, Air Planning and                      20, 2011 rule deferring PSD
                                                                                                     Implementation Branch, Air, Pesticides                    requirements for carbon dioxide (CO2)
                                                                                                     and Toxics Management Division, U.S.                      emissions from bioenergy and other
                                             ENVIRONMENTAL PROTECTION                                Environmental Protection Agency,                          biogenic sources (hereinafter referred to
                                             AGENCY                                                  Region 4, 61 Forsyth Street SW.,                          as the ‘‘Biomass Deferral Rule’’).3
                                                                                                     Atlanta, Georgia 30303–8960. Mr.                          Alabama’s May 8, 2013, SIP submission
                                             40 CFR Part 52                                          Febres can be reached by telephone at                     also includes the following changes to
                                                                                                     (404) 562–8966 or via electronic mail at                  other Alabama rules: Changes to the
                                             [EPA–R04–OAR–2017–0360; FRL–9968–90–                    febres-martinez.andres@epa.gov.                           definition of Volatile Organic
                                             Region 4]
                                                                                                     SUPPLEMENTARY INFORMATION:                                Compounds (VOCs) at Rule 335–3–1–
                                             Air Plan Approval; Alabama:                                                                                       .02; changes to the incorporation by
                                                                                                     I. Background
                                             Prevention of Significant Deterioration                                                                           reference (IBR) of the Federal New
                                             Updates                                                    On May 8, 2013 and August 23, 2016,                    Source Performance Standards in
                                                                                                     ADEM submitted SIP revisions for                          Chapter 335–3–10 and National
                                             AGENCY:  Environmental Protection                       EPA’s approval that include changes to                    Emissions Standards for Hazardous Air
                                             Agency (EPA).                                           Alabama’s PSD permitting regulations,                     Pollutants in Chapter 335–3–11; and
                                             ACTION: Final rule.                                     among other changes. In a notice of                       changes regarding transportation
                                                                                                     proposed rulemaking published on                          conformity provisions at Rule Chapter
                                             SUMMARY:   The Environmental Protection                 August 15, 2017 (82 FR 38660), EPA                        335–3–16.
                                             Agency (EPA) is taking final action to                  proposed to approve certain portions of                      Alabama’s August 23, 2016, SIP
                                             approve portions of revisions to                        these submittals that make changes to                     submittal includes changes to Rule 335–
                                             Alabama’s State Implementation Plan                     ADEM Administrative Code Rule 335–                        3–14–.04 and Rule Chapter 335–3–16 to
                                             (SIP), submitted by the State of                        3–14–.04—‘‘Air Permits Authorizing                        remove the treatment of GHGs as an air
                                             Alabama, through the Alabama                            Construction in Clean Areas (Prevention                   pollutant for the specific purpose of
                                             Department of Environmental                             of Significant Deterioration Permitting                   determining whether a source is a major
                                             Management (ADEM), on May 8, 2013,                      (PSD)),’’ which applies to the                            source (or a modification thereof) in
                                             and August 23, 2016. The portions of                    construction or modification of any                       PSD and title V permitting
                                             these SIP revisions that EPA is                         major stationary source in areas                          requirements.4 The submittal also
                                             finalizing approval of relate to the                    designated as attainment or                               withdraws the portion of the State’s
                                             State’s Prevention of Significant                       unclassifiable as required by part C of                   May 8, 2013, SIP submittal that revises
                                             Deterioration (PSD) permitting program.                 title I of the CAA.                                       Rule 335–3–14–.04 to address the
                                             This action is being taken pursuant to                     Alabama’s May 8, 2013, SIP submittal                   Biomass Deferral Rule and makes
                                             the Clean Air Act (CAA or Act).                         includes changes to Rule 335–3–14–.04                     changes to the GHG Step 3 language
                                             DATES: This rule is effective November                  to address the Federal rule entitled                      proposed in Alabama’s May 8, 2013,
                                             9, 2017.                                                ‘‘Implementation of the New Source                        submittal.
                                                                                                     Review (NSR) Program for Particulate                         In the August 15, 2017, proposed
                                             ADDRESSES: EPA has established a
                                                                                                     Matter Less Than 2.5 Micrometers                          rulemaking, EPA proposed to approve
                                             docket for this action under Docket
                                                                                                     (PM2.5): Amendment to the Definition of                   only the portions of the May 8, 2013,
                                             Identification No. EPA–R04–OAR–
                                             2017–0360. All documents in the docket                  ‘Regulated NSR Pollutant’ Concerning                      submittal that make changes to the GHG
                                             are listed on the www.regulations.gov                   Condensable Particulate Matter,’’ 77 FR                   PAL provisions pursuant to the GHG
                                             Web site. Although listed in the index,                 65107 (October 25, 2012) (hereinafter                     Step 3 rule and the portions of the
                                             some information may not be publicly                    referred to as the PM2.5 Condensables                     August 23, 2016, submittal that
                                             available, i.e., Confidential Business                  Correction Rule),1 and plantwide                          discontinue regulation of GHGs as an air
                                             Information or other information whose                  applicability limits (PALs) for                           pollutant for the specific purpose of
                                             disclosure is restricted by statute.                    greenhouse gases (GHGs) as allowed in                     determining whether a source is a major
                                             Certain other material, such as                         the Federal rule entitled ‘‘Prevention of                 source (or a modification thereof) in
                                             copyrighted material, is not placed on                  Significant Deterioration and Title V                     PSD and title V permitting requirements
                                             the Internet and will be publicly                       Greenhouse Gas Tailoring Rule Step 3                      and that make changes to the GHG Step
                                             available only in hard copy form.                       and GHG Plantwide Applicability                           3 language proposed in Alabama’s May
                                             Publicly available docket materials are                 Limits,’’ 77 FR 41051 (July 12, 2012)                     8, 2013, submittal. EPA did not propose
                                             available either electronically through                 (hereinafter referred to as the GHG Step                  any action on the remaining portions of
                                             www.regulations.gov or in hard copy at                  3 Rule).2 In addition, the SIP submittal                  these submittals. The details of
                                             the Air Regulatory Management Section,                  includes changes to the definition of                     Alabama’s SIP revisions and the
                                             Air Planning and Implementation                         GHGs in Rule 335–3–14–.04 and Rule
                                                                                                                                                                 3 Emissions of CO from a stationary source
                                             Branch, Air, Pesticides and Toxics                        1 Given
                                                                                                                                                                                    2
                                                                                                                the corrections to the federal definition of   directly resulting from the combustion or
                                             Management Division, U.S.                               ‘‘particulate matter emissions’’ in the PM2.5             decomposition of biologically-based materials other
                                             Environmental Protection Agency,                        Condensables Correction Rule, EPA is removing the         than fossil fuels and mineral sources of carbon (e.g.,
                                             Region 4, 61 Forsyth Street SW.,                        note regarding ‘‘particulate matter emissions’’ in the    calcium carbonate) and biologically-based material
                                             Atlanta, Georgia 30303–8960. EPA                        table entry for Rule 335–3–14–.04 at 40 CFR               (non-fossilized and biodegradable organic material
Pmangrum on DSK3GDR082PROD with RULES




                                                                                                     52.50(c). In addition, EPA is removing the note           originating from plants, animals or micro-
                                             requests that if at all possible, you                   regarding PM2.5 Significant Impact Levels (SILs) in       organisms, including products, by-products,
                                             contact the person listed in the FOR                    the table entry for Rule 335–3–14–.04 at 40 CFR           residues and waste from agriculture, forestry and
                                             FURTHER INFORMATION CONTACT section to                  52.50(c) because, on October 9, 2014, ADEM                related industries as well as the non-fossilized and
                                             schedule your inspection. The Regional                  submitted a letter to EPA withdrawing these SILs          biodegradable organic fractions of industrial and
                                                                                                     from EPA’s consideration as included in a May 2,          municipal wastes, including gases and liquids
                                             Office’s official hours of business are                 2011, SIP submittal.                                      recovered from the decomposition of non-fossilized
                                             Monday through Friday 8:30 a.m. to                         2 For background information on GHG permitting,        and biodegradable organic material).
                                             4:30 p.m., excluding Federal holidays.                  including the GHG Step 3 Rule, see 82 FR 38662.             4 i.e., removing regulation of ‘‘GHG-only’’ sources.




                                        VerDate Sep<11>2014   14:55 Oct 06, 2017   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\10OCR1.SGM      10OCR1


                                             46922              Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

                                             rationale for EPA’s action are further                    impose additional requirements beyond                 agency promulgating the rule must
                                             explained in the notice of proposed                       those imposed by state law. For that                  submit a rule report, which includes a
                                             rulemaking. Comments on the proposed                      reason, this action:                                  copy of the rule, to each House of the
                                             rulemaking were due on or before                             • Is not a significant regulatory action           Congress and to the Comptroller General
                                             September 14, 2017. EPA did not                           subject to review by the Office of                    of the United States. EPA will submit a
                                             receive any comments on the proposed                      Management and Budget under                           report containing this action and other
                                             action, adverse or otherwise.                             Executive Orders 12866 (58 FR 51735,                  required information to the U.S. Senate,
                                             II. Incorporation by Reference                            October 4, 1993) and 13563 (76 FR 3821,               the U.S. House of Representatives, and
                                                                                                       January 21, 2011);                                    the Comptroller General of the United
                                                In this rule, EPA is finalizing                           • does not impose an information                   States prior to publication of the rule in
                                             regulatory text that includes                             collection burden under the provisions                the Federal Register. A major rule
                                             incorporation by reference. In                            of the Paperwork Reduction Act (44                    cannot take effect until 60 days after it
                                             accordance with requirements of 1 CFR                     U.S.C. 3501 et seq.);                                 is published in the Federal Register.
                                             51.5, EPA is finalizing the incorporation                    • is certified as not having a                     This action is not a ‘‘major rule’’ as
                                             by reference of ADEM Administrative                       significant economic impact on a                      defined by 5 U.S.C. 804(2).
                                             Code Rules 335–3–14–.04(1)(k), 335–3–                     substantial number of small entities                     Under section 307(b)(1) of the CAA,
                                             14–.04(2)(a)(ii), and 335–3–14–.04(b)4,                   under the Regulatory Flexibility Act (5               petitions for judicial review of this
                                             state effective on November 25, 2014.                     U.S.C. 601 et seq.);                                  action must be filed in the United States
                                             EPA has made, and will continue to                           • does not contain any unfunded                    Court of Appeals for the appropriate
                                             make, these materials generally                           mandate or significantly or uniquely                  circuit by December 11, 2017. Filing a
                                             available through www.regulations.gov                     affect small governments, as described                petition for reconsideration by the
                                             and/or at the EPA Region 4 Office                         in the Unfunded Mandates Reform Act                   Administrator of this final rule does not
                                             (please contact the person identified in                  of 1995 (Pub. L. 104–4);                              affect the finality of this action for the
                                             the FOR FURTHER INFORMATION CONTACT                          • does not have Federalism                         purposes of judicial review nor does it
                                             section of this preamble for more                         implications as specified in Executive
                                             information). Therefore, these materials                                                                        extend the time within which a petition
                                                                                                       Order 13132 (64 FR 43255, August 10,                  for judicial review may be filed, and
                                             have been approved by EPA for                             1999);
                                             inclusion into Alabama’s SIP, have been                                                                         shall not postpone the effectiveness of
                                                                                                          • is not an economically significant               such rule or action. This action may not
                                             incorporated by reference by EPA into                     regulatory action based on health or
                                             that plan, are fully federally enforceable                                                                      be challenged later in proceedings to
                                                                                                       safety risks subject to Executive Order               enforce its requirements. See section
                                             under sections 110 and 113 of the CAA                     13045 (62 FR 19885, April 23, 1997);
                                             as of the effective date of the final                                                                           307(b)(2).
                                                                                                          • is not a significant regulatory action
                                             rulemaking of EPA’s approval, and will                    subject to Executive Order 13211 (66 FR               List of Subjects in 40 CFR Part 52
                                             be incorporated by reference by the                       28355, May 22, 2001);
                                             Director of the Federal Register in the                                                                           Environmental protection, Air
                                                                                                          • is not subject to requirements of                pollution control, Incorporation by
                                             next update to the SIP compilation.5                      Section 12(d) of the National                         reference, Nitrogen dioxide, Ozone,
                                             III. Final Action                                         Technology Transfer and Advancement                   Particulate Matter, Volatile organic
                                                EPA is finalizing approval of portions                 Act of 1995 (15 U.S.C. 272 note) because              compounds.
                                             of Alabama’s May 8, 2013, and August                      application of those requirements would
                                                                                                       be inconsistent with the CAA; and                       Dated: September 21, 2017.
                                             23, 2016, SIP submittals that revise the
                                             PSD permitting program at Rule 335–3–                        • does not provide EPA with the                    Onis ‘‘Trey’’ Glenn, III,
                                                                                                       discretionary authority to address, as                Regional Administrator, Region 4.
                                             14–.04—‘‘Air Permits Authorizing
                                             Construction in Clean Areas (Prevention                   appropriate, disproportionate human                       40 CFR part 52 is amended as follows:
                                             of Significant Deterioration Permitting                   health or environmental effects, using
                                                                                                       practicable and legally permissible                   PART 52—APPROVAL AND
                                             (PSD))’’ by removing language
                                                                                                       methods, under Executive Order 12898                  PROMULGATION OF
                                             regulating GHG-only sources and by
                                                                                                       (59 FR 7629, February 16, 1994).                      IMPLEMENTATION PLANS
                                             adding language to the PAL provisions.
                                                                                                          The SIP is not approved to apply on
                                             IV. Statutory and Executive Order                         any Indian reservation land or in any                 ■ 1. The authority citation for part 52
                                             Reviews                                                   other area where EPA or an Indian tribe               continues to read as follows:
                                               Under the CAA, the Administrator is                     has demonstrated that a tribe has                         Authority: 42.U.S.C. 7401 et seq.
                                             required to approve a SIP submission                      jurisdiction. In those areas of Indian
                                             that complies with the provisions of the                  country, the rule does not have tribal                Subpart B—Alabama
                                             Act and applicable Federal regulations.                   implications as specified by Executive
                                             See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Order 13175 (65 FR 67249, November 9,                 ■  2. In § 52.50, the table in paragraph (c)
                                             Thus, in reviewing SIP submissions,                       2000), nor will it impose substantial                 is amended under ‘‘Chapter No. 335–3–
                                             EPA’s role is to approve state choices,                   direct costs on tribal governments or                 14 Air Permits’’ by revising the entry for
                                             provided that they meet the criteria of                   preempt tribal law.                                   ‘‘Section 335–3–14–.04’’ to read as
                                             the CAA. Accordingly, this action                            The Congressional Review Act, 5                    follows:
                                             merely approves state law as meeting                      U.S.C. 801 et seq., as added by the Small
                                                                                                                                                             § 52.50    Identification of plan.
                                             Federal requirements and does not                         Business Regulatory Enforcement
                                                                                                                                                             *       *    *      *      *
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                                                                                                       Fairness Act of 1996, generally provides
                                               5 62   FR 27968 (May 22, 1997).                         that before a rule may take effect, the                   (c) * * *




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                                                                  Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                                   46923

                                                                                                           EPA APPROVED ALABAMA REGULATIONS
                                                                                                                                           State effective
                                                   State citation                                   Title/subject                                                    EPA approval date                          Explanation
                                                                                                                                                date


                                                          *                        *                          *                            *                        *                           *                       *

                                                                                                                    Chapter No. 335–3–14             Air Permits


                                                      *                           *                    *                                   *                         *                         *                        *
                                             Section 335–3–14–.04            Air Permits Authorizing Construction in                             11/25/2014     10/10/2017 ........................
                                                                               Clean Air Areas [Prevention of Significant                                       [Insert Federal Register
                                                                               Deterioration Permitting (PSD)).                                                    citation].

                                                          *                        *                          *                            *                        *                           *                       *



                                             *       *        *       *      *                              demonstration regarding Reasonably                             material, such as copyrighted material,
                                             [FR Doc. 2017–21605 Filed 10–6–17; 8:45 am]                    Available Control Technology (RACT)                            is not placed on the Internet and will be
                                             BILLING CODE 6560–50–P                                         requirements for the 1997 8-hour ozone                         publicly available only in hard copy
                                                                                                            and the 2008 8-hour ozone National                             form. Publicly available docket
                                                                                                            Ambient Air Quality Standards                                  materials are available through https://
                                             ENVIRONMENTAL PROTECTION                                       (NAAQS or ‘‘standards’’) in the                                www.regulations.gov, or please contact
                                             AGENCY                                                         Antelope Valley ozone nonattainment                            the person identified in the FOR FURTHER
                                                                                                            area. The EPA is also taking final action                      INFORMATION CONTACT section for
                                             40 CFR Part 52                                                 to approve AVAQMD negative                                     additional availability information.
                                             [EPA–R09–OAR–2016–0524; FRL–9968–                              declarations into the SIP for the 1997                         FOR FURTHER INFORMATION CONTACT:
                                             35—Region 9]                                                   and the 2008 ozone standards.                                  Nancy Levin, EPA Region IX, (415) 972–
                                                                                                              We are approving local SIP revisions                         3848, levin.nancy@epa.gov.
                                             Approval of California Air Plan                                under the Clean Air Act (CAA or the
                                             Revisions, Antelope Valley Air Quality                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                            Act).                                                          Throughout this document, ‘‘we,’’ ‘‘us’’
                                             Management District
                                                                                                            DATES:  This rule will be effective on                         and ‘‘our’’ refer to the EPA.
                                             AGENCY:  Environmental Protection                              November 9, 2017.
                                             Agency (EPA).                                                                                                                 Table of Contents
                                             ACTION: Final rule.                                            ADDRESSES: The EPA has established a                           I. Proposed Action
                                                                                                            docket for this action under Docket ID                         II. Public Comments and EPA Responses
                                             SUMMARY:    The Environmental Protection                       No. EPA–R09–OAR–2016–0524. All                                 III. EPA Action
                                             Agency (EPA) is taking final action to                         documents in the docket are listed on                          IV. Statutory and Executive Order Reviews
                                             approve and conditionally approve                              the https://www.regulations.gov Web
                                             revisions to the Antelope Valley Air                           site. Although listed in the index, some                       I. Proposed Action
                                             Quality Management District (AVAQMD                            information is not publicly available,                           On July 28, 2017 (82 FR 35149), the
                                             or ‘‘District’’) portion of the California                     e.g., Confidential Business Information                        EPA proposed action on the following
                                             State Implementation Plan (SIP). These                         or other information whose disclosure is                       documents submitted into the California
                                             revisions concern the District’s                               restricted by statute. Certain other                           SIP.

                                                  Local                                                                Document                                                                       Adopted         Submitted
                                                 agency

                                             AVAQMD           AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis                                                  09/19/06            01/31/07
                                                               (RACT SIP Analysis)—1997 8-hour Ozone NAAQS ‘‘2006 RACT SIP’’.
                                             AVAQMD           AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis                                                  07/21/15            10/23/15
                                                               (2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS ‘‘2015 RACT SIP’’.
                                             AVAQMD           AVAQMD Federal Negative Declarations for Twenty Control Techniques Guidelines Source Cat-                                                 07/21/15            10/23/15
                                                               egories.
                                             AVAQMD           AVAQMD Federal Negative Declarations for Seven Control Techniques Guidelines Source Cat-                                                  12/20/16            06/07/17
                                                               egories.



                                               Specifically, the EPA proposed to                            proposed to fully approve the remainder                        identified deficiencies within one year
                                             conditionally approve AVAQMD’s 2006                            of the 2006 and 2015 RACT SIPs, and                            of the approval of the plan revision.
                                             and 2015 RACT SIPs with respect to                             to fully approve AVAQMD’s negative                               We proposed to approve these
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                                             Rule 462, Organic Liquid Loading; Rule                         declarations submitted on October 23,                          submittals because we determined that
                                             1110.2, Emissions from Stationary, Non-                        2015 and June 7, 2017. We                                      they complied with the relevant CAA
                                             road & Portable Internal Combustion                            simultaneously withdrew our December                           requirements. Our proposed action
                                             Engines; Rule 1151, Motor Vehicle and                          15, 2016 proposal to partially approve                         contains more information on the
                                             Mobile Equipment Coating Operations;                           and partially disapprove AVAQMD’s                              submittals and our evaluation.
                                             and Rule 1171, Solvent Cleaning                                2006 and 2015 RACT SIPs because the
                                             Operations. Simultaneously, EPA                                AVAQMD committed to address the


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Document Created: 2017-10-07 10:32:30
Document Modified: 2017-10-07 10:32:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective November 9, 2017.
ContactAndres Febres of 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. Mr. Febres can be reached by telephone at (404) 562-8966 or via electronic mail at [email protected]
FR Citation82 FR 46921 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter and Volatile Organic Compounds

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