[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5285-5286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2964]



40 CFR Part 52

[AL-041-1-9604a; FRL-5345-5]

Approval and Promulgation of Implementation Plans Alabama: 
Revisions to the Alabama Department of Environmental Management 
Administrative Code for the Air Pollution Control Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: On August 14, 1995, the State of Alabama through the 
Department of Environmental Management (ADEM) submitted a State 
Implementation Plan (SIP) submittal to revise the ADEM Administrative 
Code for the Air Pollution Control Program. These revisions involve 
changes to Chapter 335-3-14--Air Permits. Chapter 335-3-14--Air Permits 
was amended to incorporate federal requirements for particulate matter 
10 g or smaller (PM-10).

DATES: This action is effective April 12, 1996 unless adverse or 
critical comments are received by March 13, 1996. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region 
4 address listed below. Copies of the material submitted by ADEM 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 4, Air Programs Branch, 345 
Courtland Street, Atlanta, Georgia 30365.
Alabama Department of Environmental Management, 1751 Congressman W. L. 
Dickinson Drive, Montgomery, Alabama 36109.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
and Development Section, Air Programs Branch, Air Pesticides and Toxics 
Management Division, Region 4, Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
(404) 347-3555 ext. 4195.

SUPPLEMENTARY INFORMATION: On August 14, 1995, the State of Alabama 
through the ADEM submitted revisions to the Alabama SIP. These 
revisions were 

[[Page 5286]]
made to the ADEM Administrative Code for the Air Pollution Control 
Program and include regulations to be incorporated into the SIP. EPA is 
approving the following revisions to the Alabama SIP. These revisions 
are more fully discussed in the official SIP submittal that is 
available at the Region IV office listed under the ADDRESSES section of 
this document.
    Chapter 335-3-14--Air Permits was amended to incorporate federal 
requirements for particulate matter 10 g or smaller (PM-10). 
The EPA changed the requirement for the Prevention of Significant 
Deterioration (PSD) increment from Total Suspended Particulate (TSP) to 
PM-10 because the Agency found that particulate matter 10 g or 
smaller is able to cause adverse health effects in humans. Sections 
335-3-14-.04 and 335-3-14-.05 were revised to reflect the change from 
TSP to the new PM-10 PSD increment.

Final Action

    The EPA is publishing this action without prior proposal because 
the Agency 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 April 12, 1996 unless, by March 13, 1996, 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 the proposed rule 
published with this action. 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 April 12, 1996.
    Under section 307(b)(1) of the Clean Air Act (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 
April 12, 1996. 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 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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) and 7410(k)(3).
    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 
    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 
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 110 of the CAA. 
These rules may bind State, local and tribal governments to perform 
certain actions and also require the private sector to perform certain 
duties. EPA has examined whether the rules being approved by this 
action would impose no new requirements, since such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action, and therefore there will be no 
significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

    Dated: December 4, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Chapter I, title 40, Code of Federal Regulations, is amended as 


    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)(68) to read as 

Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *
    (68) The State of Alabama submitted a SIP submittal to revise the 
ADEM Administrative Code for the Air Pollution Control Program on 
August 14, 1995. These revisions involve changes to Chapter 335-3-14--
Air Permits.
    (i) Incorporation by reference.
    (1) Amendments to the following sections of the Alabama 
regulations--335-3-14-.04, and 335-3-14-.05 which were adopted on March 
21, 1995.
    (ii) Other material. None.

[FR Doc. 96-2964 Filed 2-9-96; 8:45 am]