[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Proposed Rules]
[Pages 48478-48480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22904]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0359; FRL-8960-8]
Approval and Promulgation of Implementation Plans, Alabama: Clean
Air Interstate Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a portion of the State
Implementation Plan (SIP) revision submitted by the State of Alabama,
through the Alabama Department of Environmental Management (ADEM), on
March 7, 2007. This action proposes to approve the portion of the March
7, 2007, submittal that addresses State reporting requirements under
the Nitrogen Oxide (NOX) SIP Call and the Clean Air
Interstate Rule (CAIR) found in 40 CFR 51.122 and 51.125 as amended by
the CAIR rulemakings. Specifically, in this action EPA is proposing to
approve revisions to Chapter 335-3-1 ``General Provisions.'' In
previous rulemakings, EPA took action on the other portions of the
March 7, 2007, SIP submittal, which included revisions to Chapters 335-
3-5, and 335-3-8 (October 1, 2007, 72 FR 55659) and Chapter 335-3-17
(March 26, 2009, 74 FR 13118). Although the DC Circuit Court found CAIR
to be flawed, the rule was remanded without vacatur and thus remains in
place. Thus, EPA is continuing to approve CAIR provisions into SIPs as
appropriate. CAIR, as promulgated, requires States to reduce emissions
of sulfur dioxide (SO2) and NOX that
significantly contribute to, or interfere with maintenance of, the
national ambient air quality standards (NAAQS) for fine particulates
and/or ozone in any downwind state. CAIR establishes budgets for
SO2 and NOX for States that contribute
significantly to
[[Page 48479]]
nonattainment in downwind States and requires the significantly
contributing States to submit SIP revisions that implement these
budgets. States have the flexibility to choose which control measures
to adopt to achieve the budgets, including participation in EPA-
administered cap-and-trade programs addressing SO2,
NOX annual, and NOX ozone season emissions. This
action is being taken pursuant to section 110 of the Clean Air Act
(CAA).
DATES: Written comments must be received on or before October 23, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0359, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2007-0359,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2007-0359.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in http://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning 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 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Stacy Harder, Regulatory
Development Section, Air Planning 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) 562-9042. Ms. Harder can also be reached via electronic mail
at [email protected]. For information pertaining to the Alabama
State SIP, please contact Mr. Zuri Farngalo, by phone at (404) 562-
9152, or electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Proposing To Take?
II. What Is the Regulatory History of CAIR?
III. What Is EPA's Analysis of Alabama's Submission?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Proposing To Take?
EPA is proposing to approve a SIP revision submitted by ADEM, on
March 7, 2007, pertaining to rules for CAIR. The revisions include
changes to Chapter 335-3-1 ``General Provisions.'' Specifically, ADEM
is amending Section 335-3-1-.14 ``Emissions Reporting Requirements
Relating to Budgets for NOx Emissions,'' and adding a new Section 335-
3-1-.16 ``Emissions Reporting Requirements Relating to Budgets for
SO2 and NOX Emissions.'' These revisions became
State effective on April 3, 2007.
II. What Is the Regulatory History of CAIR?
EPA published CAIR on May 12, 2005 (70 FR 25162). In this rule, EPA
determined that 28 States and the District of Columbia contribute
significantly to nonattainment and interfere with maintenance of the
NAAQS for fine particles (PM2.5) and/or 8-hour ozone in
downwind States in the eastern part of the country. As a result, EPA
required those upwind States to revise their SIPs to include control
measures that reduce emissions of SO2, which is a precursor
to PM2.5 formation, and/or NOX, which is a
precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and annual
State-wide emission reduction requirements for NOX.
Similarly, for jurisdictions that contribute significantly to 8-hour
ozone nonattainment, CAIR sets State-wide emission reduction
requirements or budgets for NOX for the ozone season (May
1st to September 30th). Under CAIR, States may implement these
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures.
EPA was sued by a number of parties on various aspects of CAIR, and
on July 11, 2008, the U.S. Court of Appeals for the District of
Columbia Circuit issued its decision to vacate and remand both CAIR and
the associated CAIR Federal Implementation Plans (FIP) in their
entirety. North Carolina v. EPA, 531 F.3d 836 (DC Cir. Jul. 11, 2008).
However, in response to EPA's petition for rehearing, the Court issued
an order remanding CAIR to EPA without vacating either CAIR or the CAIR
FIPs. North Carolina v. EPA, 550 F.3d 1176 (DC Cir. Dec. 23, 2008). The
Court
[[Page 48480]]
thereby left CAIR in place in order to ``temporarily preserve the
environmental values covered by CAIR'' until EPA replaces it with a
rule consistent with the Court's opinion. Id. at 1178. The Court
directed EPA to ``remedy CAIR's flaws'' consistent with its July 11,
2008, opinion, but declined to impose a schedule on EPA for completing
that action. Id.
According to 40 CFR 51.125, each state submitting a CAIR SIP
revision must provide for emissions reporting requirements of
SO2 and NOX emissions data. EPA is proposing to
approve revisions to Alabama's Section 335-3-1-.14 and addition of
Section 335-3-1-.16 to fulfill this requirement. Consistent with 40 CFR
51.121, these rule revisions allow the State to make the transition
from the NOX budget trading program (NOX SIP
Call) to the CAIR NOX ozone season trading program,
beginning with the 2009 ozone season. Alabama's NOX budget
trading program does not apply to any ozone season after the 2008 ozone
season.
This proposed action is consistent with the Court's decision in
North Carolina v. EPA discussed above. While the Court identified
several issues with CAIR, the rule was not vacated because of the loss
of environmental benefit generated by the rule. As EPA works to remedy
CAIR to satisfy the Court, CAIR remains in effect, including its
trading programs. Currently, Alabama's NOX SIP Call trading
program ends after the 2008 ozone season, and so to continue the
environmental benefits of the trading program, consistent with CAIR and
the Court's opinion, Alabama must revise its SIP, as proposed, to
transition into the CAIR NOX trading program.
IV. Proposed Action
EPA is proposing to approve the aforementioned revisions,
specifically, Chapter 335-3-1, Sections 335-3-1-.14, and 335-3-1-.16
into the Alabama SIP. These revisions were submitted by ADEM on March
7, 2007, and are consistent with EPA regulations, policy, and guidance.
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. 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
proposed 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 11, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. E9-22904 Filed 9-22-09; 8:45 am]
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