83 FR 31454 - Air Plan Approval; AL; Section 128 Board Requirements for Infrastructure SIPs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 130 (July 6, 2018)
Federal Register Volume 83, Issue 130 (July 6, 2018)
| Page Range | 31454-31458 | |
| FR Document | 2018-14525 |
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)] [Rules and Regulations] [Pages 31454-31458] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14525] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0642; FRL-9980-50--Region 4] Air Plan Approval; AL; Section 128 Board Requirements for Infrastructure SIPs AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on October 24, 2017, and a portion of a December 9, 2015, infrastructure SIP submission. The October 24, 2017 submission addresses the general Clean Air Act (CAA or Act) conflict of interest [[Page 31455]] requirements applicable to Alabama state boards or agency personnel with respect to the approval of permits or enforcement orders. This submission also specifically addresses requirements for implementation of the following national ambient air quality standards (NAAQS): 1997, 2006, and 2012 Fine Particulate Matter (PM2.5 ), 2008 8-hour Ozone, 2008 Lead, 2010 Nitrogen Dioxide (NO2 ), and 2010 Sulfur Dioxide (SO2 ). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA. Whenever EPA promulgates a new or revised NAAQS, the CAA requires the state to make a new SIP submission establishing that the existing SIP meets the various applicable requirements, or revising the SIP to meet those requirements. This type of SIP submission is commonly referred to as an ``infrastructure'' SIP. In this action, EPA is approving the October 24, 2017, submission with respect to: The CAA conflict of interest requirements; and the related conflict of interest infrastructure SIP requirements for the 1997, 2006, and 2012 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS. In addition, EPA is approving a portion of ADEM's December 9, 2015, infrastructure SIP submission (as supplemented by the October 24, 2017 submission) related to the conflict of interest requirements for the 2012 PM2.5 NAAQS. This action removes EPA's obligation to promulgate a Federal Implementation Plan (FIP) to address these CAA state board requirements for Alabama. DATES: This rule will be effective August 6, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0642. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background States must submit infrastructure SIP submissions meeting the applicable requirements of sections 110(a)(1) and (2) of the CAA within three years after EPA's promulgation of a new or revised NAAQS. Sections 110(a)(1) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the new or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIP submissions. Section 110(a)(2) lists specific requirements that states must meet for ``infrastructure'' SIP purposes, as applicable, related to the newly established or revised NAAQS. In particular, section 110(a)(2)(E)(ii) requires states to include provisions in their SIP to address the state board requirements of section 128. EPA is finalizing its proposed approval of Alabama's December 9, 2015 and October 24, 2017,\1\ submissions to incorporate into its SIP certain regulatory provisions to address the state board requirements of section 128. As a result of the addition of these new SIP provisions to meet the requirements of section 128, EPA is also finalizing approval of these submissions as satisfying the section 110(a)(2)(E)(ii) infrastructure requirement for the 1997, 2006, and 2012 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS. This final action fully addresses the SIP deficiencies related to section 110(a)(2)(E)(ii) and section 128 from EPA's prior disapprovals of infrastructure SIP submissions for the 1997 and 2006 PM2.5 NAAQS on October 15, 2012 (77 FR 62449), 2008 8-hour Ozone NAAQS on April 2, 2015 (80 FR 17689), 2008 Lead NAAQS on October 9, 2015 (80 FR 61111), 2010 NO2 NAAQS on November 21, 2016 (81 FR 83142), and 2010 SO2 NAAQS on January 12, 2017 (82 FR 3637). Thus, this final action also satisfies EPA's FIP obligation with regard to that infrastructure SIP requirement for these NAAQS based on the prior disapprovals. --------------------------------------------------------------------------- \1\ Alabama's October 24, 2017 submission became state effective on December 8, 2017. --------------------------------------------------------------------------- EPA proposed to approve Alabama's October 24, 2017, submission related to the state board requirements as meeting the requirements of section 128, and also as meeting the infrastructure requirements of section 110(a)(2)(E)(ii) for the 1997 and 2006 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS and a portion of the December 9, 2015, infrastructure SIP submission related to the state board requirements for the 2012 PM2.5 NAAQS in a notice of proposed rulemaking (NPR) published on February 8, 2018 (83 FR 5594). The details of Alabama's submissions and the rationale for EPA's actions related to how Alabama addressed the requirements of section 128 and the related infrastructure section 110(a)(2)(E)(ii) requirements for the aforementioned NAAQS are explained in the NPR. II. Response to Comments EPA received a total of nine sets of comments, but only one commenter submitted comments that are relevant to this action. Comment 1: The Commenter contends that Alabama's new provisions related to conflicts of interest do not fully comply with the CAA section 128 because the provisions apply to the members of applicable boards or bodies, rather than to the board or body itself. Specifically, the Commenter states: ``because the 128(a)(1) applies to the board itself but [Alabama Rule] 335-1-1-.03(1)(h) does not apply to the board itself, but rather to its members, 335-1-1-.03(1)(h) does not meet the requirement of 128(a)(1).'' The Commenter contends that this raises concerns about the enforceability of this provision. The Commenter expresses concern that it could not name the board itself as a defendant because the provision does not apply to the board, and that it could be difficult to enforce the conflict of interest provisions against individual board members because the members each could assert they are not the majority. The Commenter also expresses concern about remedies in such an enforcement action, contending that a ``U.S. District Judge would have to decide which members to remove from the board.'' Therefore, the Commenter suggested [[Page 31456]] that EPA should only conditionally approve the SIP submissions-- specifically, that EPA approve the submissions on the condition that the state revise 335-1-1-.03(1)(h) so that it applies to the Alabama Environmental Management Commission (EMC) as a collective entity, rather than to the individual members of the EMC. EPA's Response 1: EPA does not agree with the Commenter that Alabama Rule 335-1-1-.03(2)(h) \2\ does not satisfy the requirements of section 128(a)(1) because the provision applies to each individual member of the board or body, rather than to the board or body itself as a whole. Section 128(a)(1) requires SIPs to (a) ``contain requirements that (1) any board or body which approves permits or enforcement orders under [the CAA] shall have at least a majority of members who represent the public interest and do not derive any significant portion of income from persons subject to permits or enforcement orders under [the CAA].'' Upon approval, the Alabama SIP will contain requirements to ensure that the EMC will have at least a majority of members who represent the public interest and who do not derive a significant portion of income from regulated entities, and that all of the members of the EMC will disclose any potential conflicts of interest. This is because the EMC is made up of the members themselves (there is no separate governing board or body) and because each member will be responsible for meeting all requirements of section 128, including the majority requirements of section 128(a)(1). By electing to make each individual member of the EMC directly responsible for compliance with section 128 requirements, Alabama has assured that the EMC as a whole will meet these requirements. --------------------------------------------------------------------------- \2\ The Commenter provided a citation to Alabama rule 335-1- 1-.03(1)(h) in its comments, but the SIP submission requests incorporation of Alabama rule 335-1-1-.03(2)(h). EPA notes that Alabama rule 335-1-1-.03 does not include a (1)(h), and believes the Commenter's citation was in error. EPA is, therefore, citing to 335- 1-1-.03(2)(h) in its responses to the comments. --------------------------------------------------------------------------- Further, EPA notes that the CAA does not explicitly require that the provisions of section 128(a)(1) apply directly to a board or body itself as a distinct entity. Ultimately, the requirements of this provisions are met if a majority of board members meet the public- interest and significant-portion-of-income requirements. In fact, as noted in the notice of proposed approval, 83 FR 5597, states have some flexibility to determine the specific provisions needed to satisfy the requirements of section 128, so long as the statutory requirements are met.3 4 In this instance, Alabama determined that requiring each member of the board to meet the requirements of section 128(a)(1) is an appropriate means to assure that the EMC as a whole meets the substantive requirements. Thus, EPA believes Alabama's approach satisfies the majority composition requirements of section 128(a)(1), about which the commenter expressed concern, and does not require any amendment. --------------------------------------------------------------------------- \3\ The U.S. House of Representatives conference committee report for the 1977 amendments stated that ``it is the responsibility of each state to determine the specific requirements to meet the general requirements of [section 128].'' H.R. Rep. 95- 564 (1977), reprinted in Legislative History of the Clean Air Act Amendments of 1977, 526-527 (1978). \4\ In guidance, EPA has recognized that states may have a variety of procedures and special concerns that may warrant differing approaches to implementation of section 128. ``Guidance to States for Meeting Conflict of Interest Requirements of Section 128,'' Memorandum from David O. Bickart, Deputy General Counsel, to Regional Air Directors, March 2, 1978 (``1978 Guidance''). --------------------------------------------------------------------------- The Commenter also expresses concern about potential difficulties with pursuing citizen suits as a basis for suggesting that Rule 335-1- 1-.03(2)(h) is not enforceable. Specifically, the Commenter suggests that it would be unable to name the board itself as a defendant, then posits that individual board members could say they are not the majority, and concludes that a ``U.S. District Judge would have to decide which members to remove from the board.'' EPA does not agree that being unable to seek enforcement against the board itself versus the individual members will preclude enforcement of the requirements in the event of potential noncompliance. EPA does not believe that Rule 335-1-1-.03(2)(h) presents unique enforcement challenges or that requiring compliance by each member of the EMC, rather than the EMC itself, eliminates the opportunity for judicial review for non- compliance. In particular, the EPA does not agree that the only remedy available to a federal district court is for the court to decide which members to remove from the board. For example, the court could direct board members to comply with the section 128 requirements. Comment 2: The Commenter also expresses concerns ``with regard to CAA 128(a)(2)'s obligation to adequately disclose potential conflicts of interest, [Rule] 335-1-1-.03(1)(h) and [Rule] 335-1-1-.04(6)'s lack of any specifics as to what constitutes adequate disclosure can lead to confusion and potential lengthy litigation.'' EPA's Response 2: EPA does not agree that omitting an explicit regulatory definition or other specification of what constitutes adequate disclosure is impermissible. EPA notes that the CAA itself does not define what constitutes ``adequately'' disclosing potential conflicts of interest. This means that what constitutes adequate disclosure may depend upon the specific facts and circumstances of a given situation. While EPA's 1978 guidance provides a recommended definition for ``adequately disclosed,'' this guidance also specifies that it does not create a requirement that all SIPs must include EPA's suggested definitions verbatim, or that states must include any definitions in SIPs at all.\5\ As noted in the proposed action, EPA has approved similar state law requirements for other states that closely track or mirror the explicit statutory language of section 128, and which do not define ``adequately disclosed.'' \6\ Nevertheless, EPA concludes that by requiring each member of the EMC and the management of ADEM to comply with applicable federal law and regulations, those individuals are required to disclose any potential conflicts of interest adequately. The determination of whether they have done so will turn upon the specific facts and circumstances of a given situation, per the explicit requirement of section 128(a)(2). Because Alabama's SIP revision meets CAA requirements and is consistent with EPA guidance and past approvals with respect to the requirements of section 128, EPA believes that state does not need to make the revisions suggested by the Commenter. --------------------------------------------------------------------------- \5\ 1978 Guidance, ``Model Letter from Regional Offices to States,'' at 2-3. \6\ See also EPA proposed rule on South Dakota, 79 FR 71040, 71052, finalized at 80 FR 4799. --------------------------------------------------------------------------- III. 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's Section 335-1-1-.03, Organization and Duties of the Commission and Section 335-1-1-.04, Organization of the Department, state effective December 8, 2017, which revise Alabama's SIP to include language that mandates members of the Alabama Environmental Management Commission and the ADEM Director, Deputy Director, Division Chiefs, and all ADEM personnel meet all requirements of the state ethics law and the conflict of interest provisions of applicable Federal laws and regulations. EPA has made, and will continue to make, these [[Page 31457]] materials generally available through www.regulations.gov and 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 in the next update to the SIP compilation.\7\ --------------------------------------------------------------------------- \7\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action As described above, EPA is taking action to approve SIP revisions needed to assure that Alabama's SIP meets the state board requirements of section 128 of the CAA. Approval of Alabama's October 24, 2017 SIP submission, and a portion of the December 9, 2015 SIP submission also meets the section 110(a)(2)(E)(ii) infrastructure SIP requirements for the 1997, 2006, and 2012 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS. With this approval, the deficiencies that EPA identified in the previous partial disapprovals of Alabama's infrastructure SIP submissions related to the state board requirements for the 1997 and 2006 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS are resolved. V. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 September 4, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 25, 2018. 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. Section 52.50 is amended by: 0 a. In paragraph (c), adding a new heading for ``Chapter No. 335-1-1 Organization'' and adding new entries for ``Section 335-1-1-.03,'' and ``Section 335-1-1-.04'' at the beginning of the table; and 0 b. In paragraph (e), adding new entries for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual PM 2.5 NAAQS,'' ``110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour PM2.5 NAAQS,'' ``110(a)(1) and (2) Infrastructure Requirements for the 2012 24-hour PM2.5 NAAQS,'' ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS,'' ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS,'' ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS,'' and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 SO2 NAAQS'' at the end of the table to read as follows: Sec. 52.50 Identification of plan. * * * * * [[Page 31458]] (c) * * * EPA-Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-1-1 Organization ---------------------------------------------------------------------------------------------------------------- Section 335-1-1-.03.............. Organization and 12/8/2017 7/6/2018, [Insert ................... Duties of the citation of Commission. publication]. Section 335-1-1-.04.............. Organization of the 12/8/2017 7/6/2018, [Insert ................... Department. citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA-Approved Alabama Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of nonregulatory SIP Applicable submittal date/ provision geographic or effective EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 1997 Annual citation of state board PM2.5 NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 2006 24- citation of state board hour PM2.5 NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 2012 24- citation of state board hour PM2.5 NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 2008 Lead citation of state board NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 2008 8-hour citation of state board Ozone NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 2010 NO2 citation of state board NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, [Insert Addressing the Requirements for the 2010 SO2 citation of state board NAAQS. publication]. requirements of sections 128 and 110(a)(2)(E)(ii) only. ---------------------------------------------------------------------------------------------------------------- Sec. 52.53 [Amended] 0 3. Section 52.53 is amended by removing paragraphs (a) through (e). [FR Doc. 2018-14525 Filed 7-5-18; 8:45 am] BILLING CODE 6560-50-P
![31454 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations
Review) defines a ‘‘significant Supportive Services for Veteran The addition and revision read as
regulatory action,’’ requiring review by Families Program; 64.034—VA Grants follows:
OMB, unless OMB waives such review, for Adaptive Sports Programs for
as any regulatory action that is likely to Disabled Veterans and Disabled § 17.101 Collection or recovery by VA for
medical care or services provided or
result in a rule that may: (1) Have an Members of the Armed Forces; 64.035— furnished to a veteran for a nonservice-
annual effect on the economy of $100 Veterans Transportation Program; connected disability.
million or more or adversely affect in a 64.039—CHAMPVA; 64.040—VHA
(a) * * *
material way the economy, a sector of Inpatient Medicine; 64.041—VHA (9) Care provided under special
the economy, productivity, competition, Outpatient Specialty Care; 64.042— treatment authorities. (i)
jobs, the environment, public health or VHA Inpatient Surgery; 64.043—VHA
Notwithstanding any other provisions in
safety, or State, local, or tribal Mental Health Residential; 64.044—
this section, VA will not seek recovery
governments or communities; (2) Create VHA Home Care; 64.045—VHA
or collection of reasonable charges from
a serious inconsistency or otherwise Outpatient Ancillary Services; 64.046—
a third party payer for:
interfere with an action taken or VHA Inpatient Psychiatry; 64.047— (A) Hospital care, medical services,
planned by another agency; (3) VHA Primary Care; 64.048—VHA and nursing home care provided by VA
Materially alter the budgetary impact of Mental Health clinics; 64.049—VHA
or at VA expense under 38 U.S.C.
entitlements, grants, user fees, or loan Community Living Center; 64.050—
1710(a)(2)(F) and (e).
programs or the rights and obligations of VHA Diagnostic Care. (B) Counseling and appropriate care
recipients thereof; or (4) Raise novel and services furnished to veterans for
List of Subjects in 38 CFR Part 17
legal or policy issues arising out of legal psychological trauma authorized under
mandates, the President’s priorities, or Administrative practice and
procedure, Alcohol abuse, Alcoholism, 38 U.S.C. 1720D.
the principles set forth in this Executive (C) Medical examination, and hospital
Order. Claims, Day care, Dental health, Drug
abuse, Foreign relations, Government care, medical services, and nursing
The economic, interagency,
contracts, Grant programs-health, Grant home care furnished to veteran for
budgetary, legal, and policy
programs-veterans, Health care, Health cancer of the head or neck as authorized
implications of this final rule have been
facilities, Health professions, Health under 38 U.S.C. 1720E.
examined, and it has been determined (ii) VA may continue to exercise its
not to be a significant regulatory action records, Homeless, Medical and dental
schools, Medical devices, Medical right to recover or collect reasonable
under Executive Order 12866. VA’s
research, Mental health programs, charges from third parties, pursuant to
impact analysis can be found as a
Nursing home care, Philippines, this section, for the cost of care that VA
supporting document at http://
Reporting and recordkeeping provides to these same veterans for
www.regulations.gov, usually within 48
requirements, Scholarships and fellows, conditions and disabilities that VA
hours after the rulemaking document is
Travel, Transportation expenses, determines are not covered by any of the
published. Additionally, a copy of the
Veterans. special treatment authorities.
rulemaking and its impact analysis are
available on VA’s website at http:// * * * * *
Signing Authority
www.va.gov/orpm, by following the link (Authority: 38 U.S.C. 101, 501, 1701, 1705,
for ‘‘VA Regulations Published From FY The Secretary of Veterans Affairs, or 1710, 1720D, 1720E, 1721, 1722, 1729)
2004 Through Fiscal Year To Date.’’ designee, approved this document and [FR Doc. 2018–14573 Filed 7–5–18; 8:45 am]
This rule is not an E.O. 13771 regulatory authorized the undersigned to sign and
BILLING CODE 8320–01–P
action because this rule is not submit the document to the Office of the
significant under E.O. 12866 Federal Register for publication
electronically as an official document of
Unfunded Mandates the Department of Veterans Affairs. ENVIRONMENTAL PROTECTION
Jacquelyn Hayes-Byrd, Acting Chief of AGENCY
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that Staff, Department of Veterans Affairs,
40 CFR Part 52
agencies prepare an assessment of approved this document on June 28,
anticipated costs and benefits before 2018, for publication. [EPA–R04–OAR–2017–0642; FRL–9980–
issuing any rule that may result in an 50—Region 4]
Dated: July 2, 2018.
expenditure by State, local, and tribal Consuela Benjamin, Air Plan Approval; AL; Section 128
governments, in the aggregate, or by the Regulation Development Coordinator, Office Board Requirements for Infrastructure
private sector, of $100 million or more of Regulation Policy & Management, Office SIPs
(adjusted annually for inflation) in any of the Secretary, Department of Veterans
one year. This final rule would have no Affairs. AGENCY: Environmental Protection
such effect on State, local, and tribal For the reasons set forth in the Agency (EPA).
governments, or on the private sector. preamble, VA amends 38 CFR part 17 as ACTION: Final rule.
Catalog of Federal Domestic Assistance follows:
SUMMARY: The Environmental Protection
The Catalog of Federal Domestic PART 17—MEDICAL Agency (EPA) is taking final action to
Assistance numbers and titles for the approve a State Implementation Plan
programs affected by this document are ■ 1. The authority citation for part 17 (SIP) submission, submitted by the State
64.011—Veterans Dental Care; 64.012— continues to read in part as follows: of Alabama, through the Alabama
sradovich on DSK3GMQ082PROD with RULES
Veterans Prescription Service; 64.013— Authority: 38 U.S.C. 501, and as noted in Department of Environmental
Veterans Prosthetic Appliances; specific sections. Management (ADEM), on October 24,
64.014—Veterans State Domiciliary * * * * * 2017, and a portion of a December 9,
Care; 64.015—Veterans State Nursing ■ 2. Amend § 17.101 by: 2015, infrastructure SIP submission.
Home Care; 64.026—Veterans State ■ a. Adding paragraph (a)(9). The October 24, 2017 submission
Adult Day Health Care; 64.029— ■ b. Revising the authority citation at addresses the general Clean Air Act
Purchase Care Program; 64.033—VA the end of the section. (CAA or Act) conflict of interest
VerDate Sep<11>2014 16:23 Jul 05, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/83_FR_31584/page/1.svg)
![Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 31455
requirements applicable to Alabama if at all possible, you contact the person (80 FR 17689), 2008 Lead NAAQS on
state boards or agency personnel with listed in the FOR FURTHER INFORMATION October 9, 2015 (80 FR 61111), 2010
respect to the approval of permits or CONTACT section to schedule your NO2 NAAQS on November 21, 2016 (81
enforcement orders. This submission inspection. The Regional Office’s FR 83142), and 2010 SO2 NAAQS on
also specifically addresses requirements official hours of business are Monday January 12, 2017 (82 FR 3637). Thus,
for implementation of the following through Friday 8:30 a.m. to 4:30 p.m., this final action also satisfies EPA’s FIP
national ambient air quality standards excluding Federal holidays. obligation with regard to that
(NAAQS): 1997, 2006, and 2012 Fine FOR FURTHER INFORMATION CONTACT: infrastructure SIP requirement for these
Particulate Matter (PM2.5), 2008 8-hour Nacosta C. Ward, Air Regulatory NAAQS based on the prior
Ozone, 2008 Lead, 2010 Nitrogen Management Section, Air Planning and disapprovals.
Dioxide (NO2), and 2010 Sulfur Dioxide Implementation Branch, Air, Pesticides EPA proposed to approve Alabama’s
(SO2). The CAA requires that each state and Toxics Management Division, U.S. October 24, 2017, submission related to
adopt and submit a SIP for the Environmental Protection Agency, the state board requirements as meeting
implementation, maintenance and Region 4, 61 Forsyth Street SW, Atlanta, the requirements of section 128, and
enforcement of each NAAQS Georgia 30303–8960. The telephone also as meeting the infrastructure
promulgated by EPA. Whenever EPA number is (404) 562–9140. Ms. Ward requirements of section 110(a)(2)(E)(ii)
promulgates a new or revised NAAQS, can be reached via electronic mail at for the 1997 and 2006 PM2.5, 2008 8-
the CAA requires the state to make a ward.nacosta@epa.gov. hour Ozone, 2008 Lead, 2010 NO2, and
new SIP submission establishing that SUPPLEMENTARY INFORMATION: 2010 SO2 NAAQS and a portion of the
the existing SIP meets the various December 9, 2015, infrastructure SIP
applicable requirements, or revising the I. Background submission related to the state board
SIP to meet those requirements. This States must submit infrastructure SIP requirements for the 2012 PM2.5 NAAQS
type of SIP submission is commonly submissions meeting the applicable in a notice of proposed rulemaking
referred to as an ‘‘infrastructure’’ SIP. In requirements of sections 110(a)(1) and (NPR) published on February 8, 2018
this action, EPA is approving the (2) of the CAA within three years after (83 FR 5594). The details of Alabama’s
October 24, 2017, submission with EPA’s promulgation of a new or revised submissions and the rationale for EPA’s
respect to: The CAA conflict of interest NAAQS. Sections 110(a)(1) and (2) actions related to how Alabama
requirements; and the related conflict of require states to address basic SIP addressed the requirements of section
interest infrastructure SIP requirements requirements, including emissions 128 and the related infrastructure
for the 1997, 2006, and 2012 PM2.5, 2008 inventories, monitoring, and modeling section 110(a)(2)(E)(ii) requirements for
8-hour Ozone, 2008 Lead, 2010 NO2, to assure attainment and maintenance of the aforementioned NAAQS are
and 2010 SO2 NAAQS. In addition, EPA the new or revised NAAQS. More explained in the NPR.
is approving a portion of ADEM’s specifically, section 110(a)(1) provides II. Response to Comments
December 9, 2015, infrastructure SIP the procedural and timing requirements
for infrastructure SIP submissions. EPA received a total of nine sets of
submission (as supplemented by the
Section 110(a)(2) lists specific comments, but only one commenter
October 24, 2017 submission) related to submitted comments that are relevant to
the conflict of interest requirements for requirements that states must meet for
‘‘infrastructure’’ SIP purposes, as this action.
the 2012 PM2.5 NAAQS. This action Comment 1: The Commenter contends
removes EPA’s obligation to promulgate applicable, related to the newly
established or revised NAAQS. In that Alabama’s new provisions related
a Federal Implementation Plan (FIP) to to conflicts of interest do not fully
address these CAA state board particular, section 110(a)(2)(E)(ii)
requires states to include provisions in comply with the CAA section 128
requirements for Alabama. because the provisions apply to the
DATES: This rule will be effective August
their SIP to address the state board
requirements of section 128. members of applicable boards or bodies,
6, 2018. rather than to the board or body itself.
EPA is finalizing its proposed
ADDRESSES: EPA has established a approval of Alabama’s December 9, Specifically, the Commenter states:
docket for this action under Docket 2015 and October 24, 2017,1 ‘‘because the 128(a)(1) applies to the
Identification No. EPA–R04–OAR– submissions to incorporate into its SIP board itself but [Alabama Rule] 335–1–
2017–0642. All documents in the docket certain regulatory provisions to address 1–.03(1)(h) does not apply to the board
are listed on the www.regulations.gov the state board requirements of section itself, but rather to its members, 335–1–
website. Although listed in the index, 128. As a result of the addition of these 1–.03(1)(h) does not meet the
some information is not publicly new SIP provisions to meet the requirement of 128(a)(1).’’ The
available, i.e., Confidential Business requirements of section 128, EPA is also Commenter contends that this raises
Information or other information whose finalizing approval of these submissions concerns about the enforceability of this
disclosure is restricted by statute. as satisfying the section 110(a)(2)(E)(ii) provision. The Commenter expresses
Certain other material, such as infrastructure requirement for the 1997, concern that it could not name the
copyrighted material, is not placed on 2006, and 2012 PM2.5, 2008 8-hour board itself as a defendant because the
the internet and will be publicly Ozone, 2008 Lead, 2010 NO2, and 2010 provision does not apply to the board,
available only in hard copy form. SO2 NAAQS. This final action fully and that it could be difficult to enforce
Publicly available docket materials are addresses the SIP deficiencies related to the conflict of interest provisions
available either electronically through section 110(a)(2)(E)(ii) and section 128 against individual board members
www.regulations.gov or in hard copy at from EPA’s prior disapprovals of because the members each could assert
sradovich on DSK3GMQ082PROD with RULES
the Air Regulatory Management Section, infrastructure SIP submissions for the they are not the majority. The
Air Planning and Implementation 1997 and 2006 PM2.5 NAAQS on Commenter also expresses concern
Branch, Air, Pesticides and Toxics October 15, 2012 (77 FR 62449), 2008 8- about remedies in such an enforcement
Management Division, U.S. hour Ozone NAAQS on April 2, 2015 action, contending that a ‘‘U.S. District
Environmental Protection Agency, Judge would have to decide which
Region 4, 61 Forsyth Street SW, Atlanta, 1 Alabama’s October 24, 2017 submission became members to remove from the board.’’
Georgia 30303–8960. EPA requests that state effective on December 8, 2017. Therefore, the Commenter suggested
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![31456 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations
that EPA should only conditionally section 128, so long as the statutory definition or other specification of what
approve the SIP submissions— requirements are met.3 4 In this instance, constitutes adequate disclosure is
specifically, that EPA approve the Alabama determined that requiring each impermissible. EPA notes that the CAA
submissions on the condition that the member of the board to meet the itself does not define what constitutes
state revise 335–1–1–.03(1)(h) so that it requirements of section 128(a)(1) is an ‘‘adequately’’ disclosing potential
applies to the Alabama Environmental appropriate means to assure that the conflicts of interest. This means that
Management Commission (EMC) as a EMC as a whole meets the substantive what constitutes adequate disclosure
collective entity, rather than to the requirements. Thus, EPA believes may depend upon the specific facts and
individual members of the EMC. Alabama’s approach satisfies the circumstances of a given situation.
EPA’s Response 1: EPA does not agree majority composition requirements of While EPA’s 1978 guidance provides a
with the Commenter that Alabama Rule section 128(a)(1), about which the recommended definition for
335–1–1–.03(2)(h) 2 does not satisfy the commenter expressed concern, and does ‘‘adequately disclosed,’’ this guidance
requirements of section 128(a)(1) not require any amendment. also specifies that it does not create a
because the provision applies to each The Commenter also expresses requirement that all SIPs must include
individual member of the board or body, concern about potential difficulties with EPA’s suggested definitions verbatim, or
rather than to the board or body itself pursuing citizen suits as a basis for that states must include any definitions
as a whole. Section 128(a)(1) requires suggesting that Rule 335–1–1–.03(2)(h) in SIPs at all.5 As noted in the proposed
SIPs to (a) ‘‘contain requirements that is not enforceable. Specifically, the action, EPA has approved similar state
(1) any board or body which approves Commenter suggests that it would be law requirements for other states that
permits or enforcement orders under unable to name the board itself as a closely track or mirror the explicit
[the CAA] shall have at least a majority defendant, then posits that individual statutory language of section 128, and
of members who represent the public board members could say they are not which do not define ‘‘adequately
interest and do not derive any the majority, and concludes that a ‘‘U.S. disclosed.’’ 6 Nevertheless, EPA
significant portion of income from District Judge would have to decide concludes that by requiring each
persons subject to permits or which members to remove from the member of the EMC and the
enforcement orders under [the CAA].’’ board.’’ EPA does not agree that being management of ADEM to comply with
Upon approval, the Alabama SIP will unable to seek enforcement against the applicable federal law and regulations,
contain requirements to ensure that the board itself versus the individual those individuals are required to
EMC will have at least a majority of members will preclude enforcement of disclose any potential conflicts of
members who represent the public the requirements in the event of interest adequately. The determination
interest and who do not derive a potential noncompliance. EPA does not of whether they have done so will turn
significant portion of income from believe that Rule 335–1–1–.03(2)(h) upon the specific facts and
regulated entities, and that all of the presents unique enforcement challenges circumstances of a given situation, per
members of the EMC will disclose any or that requiring compliance by each the explicit requirement of section
potential conflicts of interest. This is member of the EMC, rather than the 128(a)(2). Because Alabama’s SIP
because the EMC is made up of the EMC itself, eliminates the opportunity revision meets CAA requirements and is
members themselves (there is no for judicial review for non-compliance. consistent with EPA guidance and past
separate governing board or body) and In particular, the EPA does not agree approvals with respect to the
because each member will be that the only remedy available to a requirements of section 128, EPA
responsible for meeting all requirements federal district court is for the court to believes that state does not need to
of section 128, including the majority decide which members to remove from make the revisions suggested by the
requirements of section 128(a)(1). By the board. For example, the court could Commenter.
electing to make each individual direct board members to comply with
member of the EMC directly responsible the section 128 requirements. III. Incorporation by Reference
for compliance with section 128 Comment 2: The Commenter also In this rule, EPA is finalizing
requirements, Alabama has assured that expresses concerns ‘‘with regard to CAA regulatory text that includes
the EMC as a whole will meet these 128(a)(2)’s obligation to adequately incorporation by reference. In
requirements. disclose potential conflicts of interest, accordance with requirements of 1 CFR
Further, EPA notes that the CAA does [Rule] 335–1–1–.03(1)(h) and [Rule] 51.5, EPA is finalizing the incorporation
not explicitly require that the provisions 335–1–1–.04(6)’s lack of any specifics as by reference of ADEM’s Section 335–1–
of section 128(a)(1) apply directly to a to what constitutes adequate disclosure 1–.03, Organization and Duties of the
board or body itself as a distinct entity. can lead to confusion and potential Commission and Section 335–1–1–.04,
Ultimately, the requirements of this lengthy litigation.’’ Organization of the Department, state
provisions are met if a majority of board EPA’s Response 2: EPA does not agree
effective December 8, 2017, which
members meet the public-interest and that omitting an explicit regulatory
revise Alabama’s SIP to include
significant-portion-of-income 3 The U.S. House of Representatives conference
language that mandates members of the
requirements. In fact, as noted in the committee report for the 1977 amendments stated Alabama Environmental Management
notice of proposed approval, 83 FR that ‘‘it is the responsibility of each state to Commission and the ADEM Director,
5597, states have some flexibility to determine the specific requirements to meet the Deputy Director, Division Chiefs, and all
determine the specific provisions general requirements of [section 128].’’ H.R. Rep.
95–564 (1977), reprinted in Legislative History of
ADEM personnel meet all requirements
needed to satisfy the requirements of the Clean Air Act Amendments of 1977, 526–527 of the state ethics law and the conflict
of interest provisions of applicable
sradovich on DSK3GMQ082PROD with RULES
(1978).
2 The Commenter provided a citation to Alabama 4 In guidance, EPA has recognized that states may
Federal laws and regulations. EPA has
rule 335–1–1–.03(1)(h) in its comments, but the SIP have a variety of procedures and special concerns
submission requests incorporation of Alabama rule that may warrant differing approaches to
made, and will continue to make, these
335–1–1–.03(2)(h). EPA notes that Alabama rule implementation of section 128. ‘‘Guidance to States
5 1978 Guidance, ‘‘Model Letter from Regional
335–1–1–.03 does not include a (1)(h), and believes for Meeting Conflict of Interest Requirements of
the Commenter’s citation was in error. EPA is, Section 128,’’ Memorandum from David O. Bickart, Offices to States,’’ at 2–3.
therefore, citing to 335–1–1–.03(2)(h) in its Deputy General Counsel, to Regional Air Directors, 6 See also EPA proposed rule on South Dakota, 79
responses to the comments. March 2, 1978 (‘‘1978 Guidance’’). FR 71040, 71052, finalized at 80 FR 4799.
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![31458 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations
(c) * * *
EPA-APPROVED ALABAMA REGULATIONS
State
State citation Title/subject EPA approval date Explanation
effective date
Chapter No. 335–1–1 Organization
Section 335–1–1–.03 .............. Organization and Duties of 12/8/2017 7/6/2018, [Insert citation of
the Commission. publication].
Section 335–1–1–.04 .............. Organization of the Depart- 12/8/2017 7/6/2018, [Insert citation of
ment. publication].
* * * * * * *
* * * * * (e) * * *
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
State
Name of nonregulatory SIP Applicable geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective
date
* * * * * * *
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
1997 Annual PM2.5 NAAQS. 128 and 110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
2006 24-hour PM2.5 NAAQS. 128 and 110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
2012 24-hour PM2.5 NAAQS. 128 and 110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
2008 Lead NAAQS. 128 and 110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
2008 8-hour Ozone NAAQS. 128 and 110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
2010 NO2 NAAQS. 128 and 110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastruc- Alabama ................................. 12/8/2017 7/6/2018, [Insert citation of Addressing the state board
ture Requirements for the publication]. requirements of sections
2010 SO2 NAAQS. 128 and 110(a)(2)(E)(ii)
only.
§ 52.53 [Amended] FEDERAL COMMUNICATIONS (Commission) addresses the petition for
COMMISSION reconsideration filed by Alaska
■ 3. Section 52.53 is amended by Communications Systems (ACS) of the
removing paragraphs (a) through (e). 47 CFR Part 54 October 31, 2016 Commission’s ACS
[FR Doc. 2018–14525 Filed 7–5–18; 8:45 am] Connect America Fund (CAF) Phase II
BILLING CODE 6560–50–P [WC Docket Nos. 10–90; FCC 18–53] Order. The Commission denies the
petition.
Connect America Fund
DATES: The denial of the petition for
sradovich on DSK3GMQ082PROD with RULES
AGENCY: Federal Communications reconsideration is effective August 6,
Commission. 2018.
ACTION: Denial of petition for
reconsideration. FOR FURTHER INFORMATION CONTACT:
Alexander Minard, Wireline
In this document, the Federal
SUMMARY: Competition Bureau, (202) 418–7400 or
Communications Commission TTY: (202) 418–0484.
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Document Created: 2018-07-06 00:46:43
Document Modified: 2018-07-06 00:46:43
| 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 August 6, 2018. | |
| Contact | Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected] | |
| FR Citation | 83 FR 31454 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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