[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Rules and Regulations]
[Pages 7289-7291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02078]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0367; FRL-11573-02-R4]


Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan 
for the 2006 24-Hour PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of Alabama, through the Alabama Department of Environmental 
Management (ADEM), via a letter dated February 2, 2021. The SIP 
revision includes the 2006 24-hour fine particulate matter 
(PM<INF>2.5</INF>) national ambient air quality standards (NAAQS) 
Limited Maintenance Plan (LMP) for the Birmingham, Alabama maintenance 
area (Birmingham Area or Area). The Birmingham 2006 24-hour 
PM<INF>2.5</INF> maintenance area is comprised of Jefferson County, 
Shelby County, and a portion of Walker County. EPA is approving the 
Birmingham Area LMP because it provides for the maintenance of the 2006 
24-hour PM<INF>2.5</INF> NAAQS within the Birmingham Area through the 
end of the second 10-year portion of the maintenance period. The effect 
of this action would be to make certain commitments related to 
maintenance of the 2006 24-hour PM<INF>2.5</INF> NAAQS in Birmingham 
federally enforceable as part of the Alabama SIP. EPA is also notifying 
the public of the status of EPA's adequacy determination, consistent 
with the requirements in the transportation conformity rule, for this 
LMP.

DATES: This rule is effective March 4, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0367. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that 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: Dianna Myers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9207. Ms. Myers can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#0b66726e7978256f626a65656a4b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="1d7064786f6e3379747c73737c5d786d7c337a726b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Clean Air Act (CAA or Act), EPA is approving 
the Birmingham LMP for the 2006 24-hour PM<INF>2.5</INF> NAAQS, adopted 
by ADEM on February 2, 2021, and submitted by ADEM as a revision to the 
Alabama SIP under a cover letter with the same date.\1\ On November 13, 
2009, EPA promulgated designations for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, designating the Birmingham Area, which includes 
Jefferson County, Shelby County, and a portion of Walker County, as 
nonattainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS based upon 
air quality data for calendar years 2006 through 2008. See 74 FR 58688. 
Subsequently, on January 25, 2013, EPA approved the Birmingham Area's 
maintenance plan and the State's request to redesignate the Birmingham 
Area to attainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS. See 78 
FR 5306.
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    \1\ EPA notes the Agency received the submittal on February 17, 
2021.
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    The Birmingham LMP for the 2006 24-hour PM<INF>2.5</INF> NAAQS is 
designed to maintain the 2006 24-hour PM<INF>2.5</INF> NAAQS within 
Birmingham through the end of the second 10-year portion of the 
maintenance period beyond redesignation or 2034. EPA is approving the 
plan because it meets all applicable requirements under CAA sections 
110 and 175A. As a general matter, the Birmingham LMP for the 2006 24-
hour PM<INF>2.5</INF> NAAQS relies on the same control measures and 
similar contingency provisions to maintain the 2006 24-hour 
PM<INF>2.5</INF> NAAQS during the second 10-year portion of the 
maintenance period as the maintenance plan submitted by ADEM for the 
first 10-year period.
    In a notice of proposed rulemaking (NPRM) published on December 13, 
2023 (88 FR 86303), EPA proposed to approve the Birmingham LMP because 
the State made a showing, consistent with EPA's LMP guidance, that the 
Birmingham Area's PM<INF>2.5</INF> concentrations are well below the 
2006 24-hour PM<INF>2.5</INF> NAAQS, have been historically stable, and 
that it has met all other maintenance plan requirements. The details of 
Alabama's submission and the rationale for EPA's action are explained 
further in the December 13, 2023, NPRM. Comments on the December 13, 
2023, NPRM were due on or before January 12, 2024. No comments were 
received on the NPRM, adverse or otherwise.

II. Final Action

    In accordance with sections 110(k) and 175A of the CAA, and for the 
reasons set forth above and in the NPRM, EPA is finalizing its approval 
of the Birmingham Area LMP for the 2006 24-hour PM<INF>2.5</INF> NAAQS, 
submitted by ADEM on February 2, 2021, as a revision to the Alabama 
SIP. EPA is finalizing the approval of the Birmingham Area LMP because 
it

[[Page 7290]]

includes an acceptable update of the various elements of the 2006 24-
hour PM<INF>2.5</INF> NAAQS maintenance plan approved by EPA for the 
first 10-year period (including emissions inventory, assurance of 
adequate monitoring and verification of continued attainment, and 
contingency provisions), and retains the relevant provisions of the 
SIP.
    EPA also finds that the Birmingham Area qualifies for the LMP 
option and adequately demonstrates maintenance of the 2006 24-hour 
PM<INF>2.5</INF> NAAQS through documentation of monitoring data showing 
maximum 24-hour PM<INF>2.5</INF> levels well below the NAAQS 
(including, as explained the NPRM, average design values below the 
critical design values), the historically stable design values, and the 
continuation of existing control measures. EPA finds the Birmingham 
Area's 2006 24-hour PM<INF>2.5</INF> LMP to be sufficient to provide 
for maintenance of the 2006 24-hour PM<INF>2.5</INF> NAAQS in the 
Birmingham Area over the second 10-year maintenance period, through 
2034, and thereby satisfy the requirements for such a plan under CAA 
section 175A(b).
    EPA is approving this second 10-year LMP and notifying the public 
that EPA finds the LMP adequate for transportation conformity purposes 
because it meets the adequacy criteria in 40 CFR 93.118(e)(4). After 
2024, the motor vehicle emissions in the Birmingham Area may be treated 
as essentially not constraining for the second 10-year maintenance 
period because EPA concludes that it is unreasonable to expect that the 
area will experience enough motor vehicle emissions growth that a 
violation of the PM<INF>2.5</INF> NAAQS would result. Therefore, all 
actions for transportation plans and transportation improvement 
programs that would require a transportation conformity determination 
for the Birmingham 2006 24-hour PM<INF>2.5</INF> maintenance area under 
EPA's transportation conformity rule provisions are considered to have 
already satisfied the regional emissions analysis and ``budget test'' 
requirements in 40 CFR 93.118. See 40 CFR 93.109(e).

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <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 14094 (88 FR 21879, April 11, 2023);
    <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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <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 Clean Air Act.
    In addition, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    ADEM did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Due to the nature 
of the action being taken here, this action is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 2, 2024. 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, Nitrogen oxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: January 29, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

[[Page 7291]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart B--Alabama

0
2. In Sec.  52.50(e), amend the table by adding an entry for ``2006 24-
hour PM<INF>2.5</INF> Second Maintenance Plan (Limited Maintenance 
Plan) for the Birmingham Area'' at the end of the table to read as 
follows:


Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA Approved Alabama Non-Regulatory Provisions
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                                                            State submittal
     Name of nonregulatory SIP      Applicable geographic   date/ effective    EPA approval date     Explanation
             provision              or nonattainment area        date
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                                                  * * * * * * *
2006 24-hour PM2.5 Second           Birmingham PM2.5               2/2/2021  2/2/2024, [Insert      ............
 Maintenance Plan (Limited           Maintenance Area.                        citation of
 Maintenance Plan) for the                                                    publication].
 Birmingham Area.
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[FR Doc. 2024-02078 Filed 2-1-24; 8:45 am]
BILLING CODE 6560-50-P


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