[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25938]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AL-39-1-6435a; FRL-5089-7]

 

Approval and Promulgation of Implementation Plans Alabama: 
Approval of Revisions to Construction and Operation Permit Regulations 
for Synthetic Minor Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Alabama State Implementation 
Plan (SIP) to incorporate rules for the permitting of minor sources. On 
December 20, 1993, the State of Alabama through the Alabama Department 
of Environmental Management (ADEM) submitted a SIP revision fulfilling 
the requirements necessary to make the State's minor source operating 
permit program federally enforceable. The submittal conforms with the 
requirements necessary for a state's minor source operating permit 
program to become federally enforceable.

DATES: This final rule will be effective December 19, 1994 unless 
adverse or critical comments are received by November 21, 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, at 
the EPA Regional Office listed below. Copies of the documents relative 
to this action are available for public inspection during normal 
business hours at the following locations. The interested persons 
wanting to examine these documents should make an appointment with the 
appropriate office at least 24 hours before the visiting day.
    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, 1751 Congressman 
W.L. Dickinson Drive, Montgomery, Alabama 36109.

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 
404/347-3555 ext. 4215. Reference file AL39-1-6435.

SUPPLEMENTARY INFORMATION: On December 20, 1993, the State of Alabama 
through the ADEM submitted a SIP revision designed to make Alabama's 
minor source operating permit program federally enforceable pursuant to 
EPA requirements as specified in a Federal Register document, 
``Requirements for the preparation, adoption, and submittal of 
implementation plans; air quality, new source review; final rules,'' 
(see 54 FR 22274, June 28, 1989). This voluntary SIP revision allows 
EPA to enforce terms and conditions of State-issued minor source 
operating permits. In addition, operating permits that are issued under 
a state's minor source operating permit program that is approved into 
their SIP may provide federally enforceable limits to an air pollution 
source's potential to emit. Limiting of a source's potential to emit 
through federally enforceable operating permits can affect a source's 
applicability to Federal regulations such as title V operating permits, 
New Source Review (NSR) preconstruction permits, Prevention of 
Significant Deterioration (PSD) preconstruction permits for criteria 
pollutants and Federal air toxics requirements mandated under section 
112 of the Clean Air Act as amended in 1990 (CAA) for air toxics which 
are also Volatile Organic Compounds (VOCs). Any existing source may 
limit its potential to emit, for purposes of avoiding title V 
requirements, up to one year after the effective date of the Alabama 
title V program. If, by that date, the source has not obtained a 
federally enforceable permit limiting its potential to emit under the 
applicability thresholds of title V, the source will need to submit a 
title V permit application. Otherwise, if it is later discovered that 
the source does not qualify for a minor source operating permit, the 
source may be subject to enforcement actions for failure to submit a 
title V permit application.
    However, for limiting the potential to emit air toxics, which are 
not also VOC and PM10, it is necessary for the State to make a 
submittal under 40 CFR part 63, subpart E Approval of State Programs 
and Delegation of Federal Authorities. For other mechanisms that may be 
used to limit an air pollution source's potential to emit, see the 
guidance document entitled ``Limitation of Potential to Emit with 
Respect to title V Applicability Thresholds'' dated September 18, 1992, 
from John Calcagni, Director of EPA's Air Quality Management Division, 
to William A. Spratlin, Director of EPA Region VII's Air and Toxics 
Division and the guidance document entitled, ``Approaches to Creating 
federally-Enforceable Emissions Limits'' dated November 3, 1993, from 
John S. Seitz, Director of EPA's Office of Air Quality and Planning 
Standards (OAQPS), to the Air Division Directors for Regions 1-10.
    In the aforementioned June 28, 1989, Federal Register document, EPA 
listed five criteria necessary to make a state's minor source operating 
permit program federally enforceable and, therefore, approvable into 
the SIP. Prior to this submittal, Alabama's federally approved SIP, met 
four of the five criteria. This revision satisfies the remaining 
criteria for Federal enforceability.
    Alabama agrees, as part of its program, to provide EPA and the 
public with timely notice of the proposal and issuance of such permits, 
and to provide EPA, on a timely basis, with a copy of each proposed (or 
draft) and final permit intended to be federally enforceable. This 
process also provides for an opportunity for public comment on the 
permit applications prior to issuance of the final permit.
    With the addition of these provisions, Alabama's minor source 
operating permit program satisfies all the requirements listed in the 
June 28, 1989, final rule. Therefore, EPA is approving this revision to 
the State of Alabama's SIP making the State's minor source operating 
permit program federally enforceable.

Final Action

    In this action, EPA is approving the Alabama minor operating permit 
program. The EPA is publishing this action without prior proposal 
because the EPA views this as a noncontroversial amendment and 
anticipates no adverse comments. However, in a separate document in 
this Federal Register publication, the EPA is proposing to approve the 
SIP revision should adverse or critical comments be filed. This action 
will be effective December 19, 1994 unless, by November 21, 1994, 
adverse or critical comments are received. If the EPA receives such 
comments, this action will be withdrawn before the effective date by 
publishing a subsequent document that will withdraw the final action. 
All public comments received will then be addressed in a subsequent 
final rule based on this action serving as a proposed rule. The EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this action 
will be effective December 19, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The EPA has determined that this action 
conforms with those requirements irrespective of the fact that the 
submittal preceded the date of enactment.
    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 December 
19, 1994. 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)).
    The OMB has exempted these actions from review under Executive 
Order 12866.
    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 any small entities affected. 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. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, Sulfur 
oxides.

    Dated: September 23, 1994.
Patrick M. Tobin,
Acting 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. 7401-7671q.

Subpart B--Alabama

    2. Section 52.50 is amended by adding paragraph (c)(64) to read as 
follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *
    (64) Revisions to provide synthetic minor operating permit rules 
submitted by the Alabama Department of Environmental Management on 
December 20, 1993.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Air Division 
Administrative Code, Chapter 335-3-4-.10, -11, -14, -15, and Appendix 
D, adopted November 23, 1993.
    (ii) Other material. None.
* * * * *
[FR Doc. 94-25938 Filed 10-19-94; 8:45 am]
BILLING CODE 6560-50-F