Air Plan Approval; Alabama; Update to Materials Incorporated by Reference

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; notification of administrative change.

SUMMARY:

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Alabama state implementation plan (SIP). The regulations affected by this update have been previously submitted by Alabama and approved by EPA. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

DATES:

This action is effective March 30, 2018.

ADDRESSES:

SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, GA 30303; and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4 Office, EPA request that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Sean Lakeman, 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. Lakeman can be reached via telephone at (404) 562-9043 or via electronic mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.

Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA, after notice and comment, they are incorporated into the federally-approved SIP and are identified in part 52 “Approval and Promulgation of Implementation Plans,” Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is “incorporated by reference.” This means that EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action if necessary.

The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on proposed revisions containing new and/or revised state regulations. A submission from a state can revise one or more rules in their entirety or portions of rules, or even change a single word. The state indicates the changes in the submission (such as, by using redline/strikethrough) and EPA then takes action on the requested changes. EPA establishes a docket for its actions using a unique Docket Identification Number. which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov.

On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by EPA into each state SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing EPA approval of revisions to a SIP, and streamlined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain “SIP Compilations” that contain the federally-approved regulations and source specific permits submitted by each state agency. These SIP Compilations are contained in 3-ring binders and are updated primarily on an annual basis. Under the revised procedures, EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular state. EPA applied the 1997 revised procedures to Alabama on December 22, 1998 (63 FR 70669).

II. EPA Action

This action represents EPA's publication of the Alabama SIP Compilation update, appearing in 40 CFR part 52: specifically, the materials of paragraphs (c) and (d) at 40 CFR 52. In addition, notice is provided of the following corrections to paragraph (c) of section 52.50, as described below:

A. Under the “State effective date” and “EPA approval date” changing the 2-digit year to reflect a 4-digit year (for consistency) and correcting numerous Federal Registe r citations to reflect the first page of the preamble as opposed to the regulatory text page.

B. Section 335-3-1-.05: revising entry to read “Sampling and Testing Methods.”

C. Section 335-3-3-.01: State effective date is revised to read “1/22/2008” and EPA approval date is revised to read “9/15/2008; 73 FR 53134.”

D. Section 335-3-4-.01: State effective date is revised to read “9/30/2008” and EPA approval date is revised to read “10/15/2008; 73 FR 60957.”

E. Section 335-3-4-.16: entry is removed from the table because the rule was reserved.

F. Section 335-3-5-.10: revising entry to read “TR SO₂ Trading Program—computation of Time.

G. Section 335-3-5-.20: entry is removed from the table because the rule was reserved.

H. Section 335-3-5-.30: entry is removed from the table because the rule was reserved.

I. Section 335-3-6-.02: State effective date is revised to read “4/15/1987” and EPA approval date is revised to read “9/27/1993; 58 FR 50262.”

J. Section 335-3-6-.03: State effective date is revised to read “4/15/1987” and EPA approval date is revised to read “9/27/1993; 58 FR 50262.”

K. Section 335-3-6-.19: entry is removed from the table because the rule was reserved.

L. Section 335-3-6-.26: State effective date is revised to read “4/15/1987” and EPA approval date is revised to read “9/27/1993; 58 FR 50262.”

M. Section 335-3-6-.31: State effective date is revised to read “4/15/1987” and EPA approval date is revised to read “9/27/1993; 58 FR 50262.”

N. Section 335-3-6-.33: State effective date is revised to read “10/15/1996” and EPA approval date is revised to read “6/6/1997; 62 FR 30991.”

O. Section 335-3-6-.35: State effective date is revised to read “4/15/1987” and EPA approval date is revised to read “9/27/1993; 58 FR 50262.”

P. Section 335-3-6-.40: entry is removed from the table because the rule was reserved.

Q. Section 335-3-6-.43: State effective date is revised to read “10/15/1996” and EPA approval date is revised to read “6/6/1997; 62 FR 30991.”

R. Section 335-3-6-.49: State effective date is revised to read “10/15/1996” and EPA approval date is revised to read “6/6/1997; 62 FR 30991.”

S. Section 335-3-6-.53: State effective date is revised to read “10/15/1996” and EPA approval date is revised to read “6/6/1997; 62 FR 30991.”

T. Section 335-3-8-.04: Title/subject is changed to remove the word “(Reserved)”.

U. Section 335-3-8-.15: entry is removed from the table because the rule was reserved.

V. Section 335-3-8-.19: removing the explanation because EPA inadvertently inserted this explanation in its August 31, 2016 (81 FR 59869) approval of this section. There is only one section of 335-3-8-.19 in the approved SIP.

W. Section 335-3-8-.22: entry is removed from the table because the rule was reserved.

X. Section 335-3-8-.47: entry is removed from the table because the rule was reserved.

Y. Section 335-3-8-.54: entry is removed from the table because the rule was reserved.

Z. Section 335-3-8-.64: entry is removed from the table because the rule was reserved.

AA. Section 335-3-14-.04: revising entry to read “Air Permits Authorizing Construction in Clean Air Areas (Prevention of Significant Deterioration (PSD))

BB. Chapter 335-3-20 heading and Sections 335-3-20-.01 through 335-3-20-.03: entries are removed from the table because the rule was reserved.

III. Good Cause Exemption

EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs and corrects typographical errors appearing in the CFR. Under section 553(b)(3)(B) of the APA, an agency may find good cause where procedures are “impracticable, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and typographical corrections) only reflect existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notice of the updated Alabama SIP Compilation and notice of typographical corrections to the Alabama “Identification of Plan” portion of the Federal Register. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP compilation and the CFR “Identification of plan” section (which includes table entry corrections).

IV. 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 previously EPA-approved regulations promulgated by Alabama and federally effective prior to October 1, 2017. EPA has made, and will continue to make, these 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).

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. Accordingly, this notification of administrative change 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).

EPA also believes that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the Alabama SIP compilations previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA believes judicial review of this action under section 307(b)(1) of the CAA is not available.

List of Subjects in 40 CFR Part 52

• Environmental protection
• Air pollution control
• Carbon monoxide
• Incorporation by reference
• Intergovernmental relations
• Lead
• Nitrogen dioxide
• Ozone
• Particulate matter
• Reporting and recordkeeping requirements
• Sulfur oxides
• Volatile organic compounds

40 CFR part 52 is amended as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart B—Alabama

2. In § 52.50, paragraphs (b), (c) and (d) are revised to read as follows: