Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46921 

1 Given the corrections to the federal definition of 

‘‘particulate matter emissions’’ in the PM2.5

Condensables Correction Rule, EPA is removing the 

note regarding ‘‘particulate matter emissions’’ in the 

table entry for Rule 335–3–14–.04 at 40 CFR 

52.50(c). In addition, EPA is removing the note 

regarding PM2.5 Significant Impact Levels (SILs) in 

the table entry for Rule 335–3–14–.04 at 40 CFR 

52.50(c) because, on October 9, 2014, ADEM 

submitted a letter to EPA withdrawing these SILs 

from EPA’s consideration as included in a May 2, 

2011, SIP submittal. 

2For background information on GHG permitting, 

including the GHG Step 3 Rule, see 82 FR 38662. 

3Emissions of CO2 from a stationary source 

directly resulting from the combustion or 

decomposition of biologically-based materials other 

than fossil fuels and mineral sources of carbon (e.g., 

calcium carbonate) and biologically-based material 

(non-fossilized and biodegradable organic material 

originating from plants, animals or microorganisms, including products, by-products, 

residues and waste from agriculture, forestry and 

related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and 

municipal wastes, including gases and liquids 

recovered from the decomposition of non-fossilized 

and biodegradable organic material). 

4 i.e., removing regulation of ‘‘GHG-only’’ sources. 

* * * * * 

[FR Doc. 2017–21606 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0360; FRL–9968–90– 

Region 4] 

Air Plan Approval; Alabama: 

Prevention of Significant Deterioration 

Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of revisions to 

Alabama’s State Implementation Plan 

(SIP), submitted by the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), on May 8, 2013, 

and August 23, 2016. The portions of 

these SIP revisions that EPA is 

finalizing approval of relate to the 

State’s Prevention of Significant 

Deterioration (PSD) permitting program. 

This action is being taken pursuant to 

the Clean Air Act (CAA or Act). 

DATES: This rule is effective November 

9, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0360. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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, 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: 

Andres Febres of 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. Mr. 

Febres can be reached by telephone at 

(404) 562–8966 or via electronic mail at 

febres-martinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 8, 2013 and August 23, 2016, 

ADEM submitted SIP revisions for 

EPA’s approval that include changes to 

Alabama’s PSD permitting regulations, 

among other changes. In a notice of 

proposed rulemaking published on 

August 15, 2017 (82 FR 38660), EPA 

proposed to approve certain portions of 

these submittals that make changes to 

ADEM Administrative Code Rule 335– 

3–14–.04—‘‘Air Permits Authorizing 

Construction in Clean Areas (Prevention 

of Significant Deterioration Permitting 

(PSD)),’’ which applies to the 

construction or modification of any 

major stationary source in areas 

designated as attainment or 

unclassifiable as required by part C of 

title I of the CAA. 

Alabama’s May 8, 2013, SIP submittal 

includes changes to Rule 335–3–14–.04 

to address the Federal rule entitled 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5): Amendment to the Definition of 

‘Regulated NSR Pollutant’ Concerning 

Condensable Particulate Matter,’’ 77 FR 

65107 (October 25, 2012) (hereinafter 

referred to as the PM2.5 Condensables 

Correction Rule),1 and plantwide 

applicability limits (PALs) for 

greenhouse gases (GHGs) as allowed in 

the Federal rule entitled ‘‘Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule Step 3 

and GHG Plantwide Applicability 

Limits,’’ 77 FR 41051 (July 12, 2012) 

(hereinafter referred to as the GHG Step 

3 Rule).2 In addition, the SIP submittal 

includes changes to the definition of 

GHGs in Rule 335–3–14–.04 and Rule 

335–3–16 (regarding major source 

operating permits) to address EPA’s July 

20, 2011 rule deferring PSD 

requirements for carbon dioxide (CO2) 

emissions from bioenergy and other 

biogenic sources (hereinafter referred to 

as the ‘‘Biomass Deferral Rule’’).3

Alabama’s May 8, 2013, SIP submission 

also includes the following changes to 

other Alabama rules: Changes to the 

definition of Volatile Organic 

Compounds (VOCs) at Rule 335–3–1– 

.02; changes to the incorporation by 

reference (IBR) of the Federal New 

Source Performance Standards in 

Chapter 335–3–10 and National 

Emissions Standards for Hazardous Air 

Pollutants in Chapter 335–3–11; and 

changes regarding transportation 

conformity provisions at Rule Chapter 

335–3–16. 

Alabama’s August 23, 2016, SIP 

submittal includes changes to Rule 335– 

3–14–.04 and Rule Chapter 335–3–16 to 

remove the treatment of GHGs as an air 

pollutant for the specific purpose of 

determining whether a source is a major 

source (or a modification thereof) in 

PSD and title V permitting 

requirements.4 The submittal also 

withdraws the portion of the State’s 

May 8, 2013, SIP submittal that revises 

Rule 335–3–14–.04 to address the 

Biomass Deferral Rule and makes 

changes to the GHG Step 3 language 

proposed in Alabama’s May 8, 2013, 

submittal. 

In the August 15, 2017, proposed 

rulemaking, EPA proposed to approve 

only the portions of the May 8, 2013, 

submittal that make changes to the GHG 

PAL provisions pursuant to the GHG 

Step 3 rule and the portions of the 

August 23, 2016, submittal that 

discontinue regulation of GHGs as an air 

pollutant for the specific purpose of 

determining whether a source is a major 

source (or a modification thereof) in 

PSD and title V permitting requirements 

and that make changes to the GHG Step 

3 language proposed in Alabama’s May 

8, 2013, submittal. EPA did not propose 

any action on the remaining portions of 

these submittals. The details of 

Alabama’s SIP revisions and the 


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46922 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 

5 62 FR 27968 (May 22, 1997). 

rationale for EPA’s action are further 

explained in the notice of proposed 

rulemaking. Comments on the proposed 

rulemaking were due on or before 

September 14, 2017. EPA did not 

receive any comments on the proposed 

action, adverse or otherwise. 

II. 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 Administrative 

Code Rules 335–3–14–.04(1)(k), 335–3– 

14–.04(2)(a)(ii), and 335–3–14–.04(b)4, 

state effective on November 25, 2014. 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or 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 into Alabama’s 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 by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.5

III. Final Action 

EPA is finalizing approval of portions 

of Alabama’s May 8, 2013, and August 

23, 2016, SIP submittals that revise the 

PSD permitting program at Rule 335–3– 

14–.04—‘‘Air Permits Authorizing 

Construction in Clean Areas (Prevention 

of Significant Deterioration Permitting 

(PSD))’’ by removing language 

regulating GHG-only sources and by 

adding language to the PAL provisions. 

IV. 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 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); 

• 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). 

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 11, 2017. 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, Nitrogen dioxide, Ozone, 

Particulate Matter, Volatile organic 

compounds. 

Dated: September 21, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

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. In § 52.50, the table in paragraph (c) 

is amended under ‘‘Chapter No. 335–3– 

14 Air Permits’’ by revising the entry for 

‘‘Section 335–3–14–.04’’ to read as 

follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46923 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter No. 335–3–14 Air Permits 

*******

Section 335–3–14–.04 Air Permits Authorizing Construction in 

Clean Air Areas [Prevention of Significant 

Deterioration Permitting (PSD)).

11/25/2014 10/10/2017 ........................

[Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–21605 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0524; FRL–9968– 

35—Region 9] 

Approval of California Air Plan 

Revisions, Antelope Valley Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve and conditionally approve 

revisions to the Antelope Valley Air 

Quality Management District (AVAQMD 

or ‘‘District’’) portion of the California 

State Implementation Plan (SIP). These 

revisions concern the District’s 

demonstration regarding Reasonably 

Available Control Technology (RACT) 

requirements for the 1997 8-hour ozone 

and the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’) in the 

Antelope Valley ozone nonattainment 

area. The EPA is also taking final action 

to approve AVAQMD negative 

declarations into the SIP for the 1997 

and the 2008 ozone standards. 

We are approving local SIP revisions 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule will be effective on 

November 9, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2016–0524. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through https:// 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 28, 2017 (82 FR 35149), the 

EPA proposed action on the following 

documents submitted into the California 

SIP. 

Local 

agency Document Adopted Submitted 

AVAQMD AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis 

(RACT SIP Analysis)—1997 8-hour Ozone NAAQS ‘‘2006 RACT SIP’’.

09/19/06 01/31/07 

AVAQMD AVAQMD 8-Hour Reasonably Available Control Technology—State Implementation Plan Analysis 

(2015 RACT SIP Analysis)—2008 8-hour Ozone NAAQS ‘‘2015 RACT SIP’’.

07/21/15 10/23/15 

AVAQMD AVAQMD Federal Negative Declarations for Twenty Control Techniques Guidelines Source Categories.07/21/15 10/23/15 

AVAQMD AVAQMD Federal Negative Declarations for Seven Control Techniques Guidelines Source Categories.12/20/16 06/07/17 

Specifically, the EPA proposed to 

conditionally approve AVAQMD’s 2006 

and 2015 RACT SIPs with respect to 

Rule 462, Organic Liquid Loading; Rule 

1110.2, Emissions from Stationary, Nonroad & Portable Internal Combustion 

Engines; Rule 1151, Motor Vehicle and 

Mobile Equipment Coating Operations; 

and Rule 1171, Solvent Cleaning 

Operations. Simultaneously, EPA 

proposed to fully approve the remainder 

of the 2006 and 2015 RACT SIPs, and 

to fully approve AVAQMD’s negative 

declarations submitted on October 23, 

2015 and June 7, 2017. We 

simultaneously withdrew our December 

15, 2016 proposal to partially approve 

and partially disapprove AVAQMD’s 

2006 and 2015 RACT SIPs because the 

AVAQMD committed to address the 

identified deficiencies within one year 

of the approval of the plan revision. 

We proposed to approve these 

submittals because we determined that 

they complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

submittals and our evaluation. 


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