Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61111 

[FR Doc. 2015–25587 Filed 10–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0185; FRL–9935–21– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Alabama; 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve in part, and disapprove in part, 

the November 4, 2011, State 

Implementation Plan (SIP) submission, 

provided by the Alabama Department of 

Environmental Management (ADEM) for 

inclusion into the Alabama SIP. This 

final action pertains to the Clean Air Act 

(CAA or the Act) infrastructure 

requirements for the 2008 Lead national 

ambient air quality standards (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. ADEM certified 

that the Alabama SIP contains 

provisions that ensure the 2008 Lead 

NAAQS is implemented, enforced, and 

maintained in Alabama. With the 

exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting, which EPA is taking 

no action through this notice, and the 

provisions respecting state boards, for 

which EPA is taking final action to 

disapprove, EPA is taking final action to 

approve Alabama’s infrastructure SIP 

submission provided to EPA on 

November 4, 2011, as satisfying the 

required infrastructure elements for the 

2008 Lead NAAQS. 

DATES: This rule will be effective 

November 9, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0185. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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: Zuri 

Farngalo, 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. 

Farngalo can be reached by phone at 

(404) 562–9152 and via electronic mail 

at farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order to provide for the implementation, 

maintenance, and enforcement of a new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS, or within such shorter period 

as EPA may prescribe. For additional 

information on the infrastructure SIP 

requirements, see the proposed 

rulemaking published on July 20, 2015 

(80 FR 42765). 

On July 20, 2015, EPA proposed to 

approve in part, and disapprove in part, 

Alabama’s November 4, 2011, 2008 Lead 

NAAQS infrastructure SIP submission. 

EPA did not receive any comments, 

adverse or otherwise, on the July 20, 

2015, proposed rule. EPA is not taking 

any action today pertaining to the PSD 

permitting requirements for major 

sources of sections 110(a)(2)(C), prong 3 

of D(i), and (J) for the 2008 Lead 

NAAQS. EPA took final action on these 

elements in a separate action on March 

18, 2015 (80 FR 14019). With respect to 

Alabama’s infrastructure SIP 

submissions related to section 

110(a)(2)(E)(ii) respecting the section 

128 state board requirements, EPA is 

taking final action to disapprove this 

element of Alabama’s submissions. 

II. Final Action 

With the exception of the PSD 

permitting requirements for major 

sources of sections 110(a)(2)(C), prong 3 

of (D)(i) and (J), and the state board 

requirements of section 110(a)(2)(E)(ii), 

EPA is taking final action to approve 

that ADEM’s infrastructure SIP 

submission, submitted November 4, 

2011, for the 2008 Lead NAAQS meets 

the above described infrastructure SIP 

requirements. EPA is taking final action 

to disapprove Alabama’s infrastructure 

submission for section 110(a)(2)(E)(ii) 

because the State’s implementation plan 

does not contain provisions to comply 

with section 128 of the Act. 

III. 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 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); 

• 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); 


rmajette on DSK7SPTVN1PROD with RULES
61112 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 

• 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 Clean Air Act; 

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, 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 December 8, 2015. 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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 24, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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. Section 52.50(e), is amended by 

adding entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal date/

effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards.Alabama ........................ 11/4/2011 10/9/2015 [Insert citation of publication].With the exception of provisions pertaining to PSD permitting requirements in sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II) (prong 3), 

110(a)(2)(J); and section 

110(a)(2)(E)(ii). 

■ 3. Section 52.53 is amended by adding 

paragraph (b) to read as follows: 

§ 52.53 Approval status. 

* * * * * 

(b) Disapproval. Submittal from the 

State of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM) on November 4, 

2011, to address the Clean Air Act 

(CAA) section 110(a)(2)(E)(ii) for the 

2008 Lead National Ambient Air 

Quality Standards concerning state 

board requirements. EPA is 

disapproving section 110(a)(2)(E)(ii) of 

ADEM’s submittal because the Alabama 

SIP lacks provisions respecting state 

boards per section 128 of the CAA for 

the 2008 Lead National Ambient Air 

Quality Standards. 

[FR Doc. 2015–25673 Filed 10–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0527; A–1–FRL9935–33–Region1] 

Air Plan Approval; Maine; General 

Permit Regulations for Nonmetallic 

Mineral Processing Plants and 

Concrete Batch Plants 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine. This 


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