[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Rules and Regulations]
[Pages 31454-31458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14525]


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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.

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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 (PM<INF>2.5</INF>), 2008 8-hour 
Ozone, 2008 Lead, 2010 Nitrogen Dioxide (NO<INF>2</INF>), and 2010 
Sulfur Dioxide (SO<INF>2</INF>). 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 PM<INF>2.5</INF>, 2008 8-hour Ozone, 2008 Lead, 2010 
NO<INF>2</INF>, and 2010 SO<INF>2</INF> 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 PM<INF>2.5</INF> 
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 <a href="/cdn-cgi/l/email-protection#4b3c2a392f65252a2824383f2a0b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="4a3d2b382e64242b2925393e2b0a2f3a2b642d253c">[email protected]</span></a>.

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 PM<INF>2.5</INF>, 2008 8-hour Ozone, 2008 Lead, 2010 
NO<INF>2</INF>, and 2010 SO<INF>2</INF> 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 PM<INF>2.5</INF> 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 
NO<INF>2</INF> NAAQS on November 21, 2016 (81 FR 83142), and 2010 
SO<INF>2</INF> 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.
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    \1\ Alabama's October 24, 2017 submission became state effective 
on December 8, 2017.
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    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 PM<INF>2.5</INF>, 2008 
8-hour Ozone, 2008 Lead, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> 
NAAQS and a portion of the December 9, 2015, infrastructure SIP 
submission related to the state board requirements for the 2012 
PM<INF>2.5</INF> 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.
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    \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.
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    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.<SUP>3 4</SUP> 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.
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    \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'').
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    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.
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    \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.
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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\
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    \7\ 62 FR 27968 (May 22, 1997).
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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 PM<INF>2.5</INF>, 2008 8-hour Ozone, 2008 
Lead, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> 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 PM<INF>2.5</INF>, 2008 
8-hour Ozone, 2008 Lead, 2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> 
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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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<INF>2.5</INF> 
NAAQS,'' ``110(a)(1) and (2) Infrastructure Requirements for the 2006 
24-hour PM<INF>2.5</INF> NAAQS,'' ``110(a)(1) and (2) Infrastructure 
Requirements for the 2012 24-hour PM<INF>2.5</INF> 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 NO<INF>2</INF> NAAQS,'' and ``110(a)(1) and (2) Infrastructure 
Requirements for the 2010 SO<INF>2</INF> 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
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                                                             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


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