[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18953]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-37-2-5926a; FRL-5009-7]

 

Clean Air Act Approval and Promulgation of Emission Statement 
Implementation Plan for Alabama

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
submitted by the State of Alabama through the Alabama Department of 
Environmental Management (ADEM) for the purpose of implementing an 
emission statement program for stationary sources within the Alabama 
portions of the Birmingham ozone nonattainment area. The SIP was 
submitted by the State to satisfy the federal requirements for an 
emission statement program as part of the SIP for Alabama.

EFFECTIVE DATE: This action will be effective October 3, 1994, unless 
someone submits adverse or critical comments by September 6, 1994. If 
the effective date is delayed, timely notice will be published in the 
Federal Register.
ADDRESSES: Written comments should be addressed to:

Joey LeVasseur, Regulatory Planning and Development Section, Air 
Programs Branch, Air, Pesticides & Toxics Management Division, 
Region IV Environmental Protection Agency, 345 Courtland Street, NE, 
Atlanta, Georgia 30365

    Copies of the material submitted by the State of Alabama may be 
examined during normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street SW., Washington, 
DC 20460.
Environmental Protection Agency, Region IV Air Programs Branch, 345 
Courtland Street NE., Atlanta, Georgia 30365
Alabama Department of Environmental Management, Office of General 
Counsel, 1751 Cong. W.L. Dickinson Drive, Montgomery, Alabama 36130.

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365 The telephone number is 
404/347-2864.

SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the State of 
Alabama on November 13, 1992, to satisfy the requirements of section 
182(a)(3)(B) of the Clean Air Act Amendments of 1990 (CAA) (November 
15, 1990). The SIP revision was reviewed by EPA to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR part 51, Appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). The submittal was found to be 
complete and a letter dated December 24, 1992, was sent to Mr. Richard 
Grusnick, Chief of the Air Division in the Alabama Department of 
Environmental Management indicating the submittal was administratively 
complete.
    There are several key general and specific components of an 
acceptable emission statement program. Specifically, the state must 
submit a revision to its SIP and the emission statement program must 
meet the minimum requirements for reporting. In general, the program 
must include, at a minimum, provisions for applicability, definitions, 
compliance, and specific source requirements detailed below.
    A. SIP Revision Submission. The State of Alabama submitted their 
emission statement regulation on November 13, 1992, which meets the 
emission statement requirement.
    B. Program Elements. The State emission statement program must, at 
a minimum, include provisions covering applicability of the 
regulations, a compliance schedule for sources covered by the 
regulations, and the specific reporting requirements for sources. The 
emission statement submitted by the source should contain, at a 
minimum, a certification that the information is accurate to the best 
knowledge of the individual certifying the statement. These 
requirements can be found in subpart D on page 2, of section 2, of 
chapter 11, in the Alabama SIP.
    C. Applicability. Section 182(a)(3)(B) requires that states with 
areas designated as nonattainment for ozone, require emission statement 
data from sources of volatile organic compounds (VOC) or oxides of 
nitrogen (NOX) in the nonattainment areas. This requirement 
applies to all ozone nonattainment areas, regardless of the 
classification (Marginal, Moderate, etc.).
    The states may waive, with EPA approval, the requirement for 
emission statements for classes or categories of sources with less than 
25 tons per year of actual plant-wide NOX or VOC emissions in 
nonattainment areas if the class or category is included in the base 
year and periodic inventories and emissions are calculated using 
emission factors established by EPA (such as those found in EPA 
publication AP-42) or other methods acceptable to EPA. The Alabama 
submittal waives the emission statement requirement for sources with 
less than 25 tons per year combined of actual plant-wide NOX and 
VOC emissions and has included calculations of these emissions in their 
1990 Base Year Emissions Inventory.

Final Action

    In this action, EPA is approving the Emission Statement SIP 
revision submitted by the State of Alabama through the ADEM. This 
action is being taken without prior proposal because the changes are 
noncontroversial and EPA anticipates no significant comments on them. 
The public should be advised that this action will be effective October 
3, 1994. However, if adverse or critical comments are received by 
September 6, 1994, this action will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
the proposed rule (please see the proposed rule published, 
simultaneously, in the proposal section of this Federal Register.)
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by (60 days from date of 
publication). Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2)].
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a 
request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on EPA's request. This request continues in effect under Executive 
Order 12866 which superseded Executive Order 12291 on September 30, 
1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on small entities. Moreover, due to the 
nature of the federal-state relationship under the CAA, preparation of 
a regulatory flexibility analysis would constitute federal inquiry into 
the economic reasonableness of state action. The CAA forbids EPA to 
base its actions concerning SIPs on such grounds. Union Electric Co. v. 
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 
7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Emission statements, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements, SIP requirements, Volatile organic 
compounds.

    Dated: June 29, 1994.
Joe R. Franzmathes,
Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42. U.S.C. 7401-7671(q).

Subpart B--Alabama

    2. Section 52.50, is amended by adding paragraph (c)(65) to read as 
follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *
    (65) Revisions to the State of Alabama State Implementation Plan 
(SIP) concerning emission statements were submitted on November 13, 
1992, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. The Addition of Section 11.2 of the 
Alabama Regulations was effective on November 13, 1992.
    (ii) Other material. Letter dated November 13, 1992, from the 
Alabama Department of Environmental Management.
[FR Doc. 94-18953 Filed 8-3-94; 8:45 am]
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