[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Rules and Regulations]
[Pages 30991-30993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-044-1 9710a; FRL5829-9]


Approval and Promulgation of Implementation Plans: Revisions to 
Several Chapters and Appendices of the Alabama Department of 
Environmental Management (ADEM) Administrative Code for the Air 
Pollution Control Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 30, 1996, the State of Alabama through ADEM 
submitted a State Implementation Plan (SIP) revision of the ADEM 
Administrative Code for the Air Pollution Control Program. Revisions 
were made to Chapters 335-3-1, -2, -3, -4, -5, -6, -8, -9, -10, -11, -
12, -13, -14, -15, -16, -17, and -18, Appendices C, E, and F. The EPA 
will not be taking action in this document on the revisions made to 
chapters 335-3-10, -11, -16, -17, and -18 because they are not a part 
of the federally approved SIP for Alabama.

DATES: This action will be effective August 5, 1997 unless adverse or 
critical comments are received by July 7, 1997. 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, Atlanta Federal Center, Region 4 Air 
Planning Branch, Atlanta Federal Center, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-3104.
Alabama Department of Environmental Management, 1751 Congressman W. L. 
Dickinson Drive, Montgomery, Alabama 36109.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
Section, Air Planning Branch, Air Pesticides and Toxics Management 
Division, Region 4, Environmental Protection Agency, Atlanta Federal 
Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303. The telephone 
number is (404)562-9038.

SUPPLEMENTARY INFORMATION: On October 30, 1996, the State of Alabama 
through ADEM submitted numerous changes to their Air Division 
Administrative Code to be incorporated into their SIP. Many of the 
revisions were made to make the SIP consistent with the Alabama State 
law including a more uniform numbering system. The following is a brief 
summary of the major revisions made to Chapters 335-3-1, -2, -3, -4, -
5, -6, -8, -9, -12, -13, and -14, Appendices C, E, and F. There are 
also numerous minor numbering and wording changes that are not 
specifically discussed in this notice.

Summary of Revisions

Chapter 335-3-1--General Provisions

    ADEM is revising 335-3-1-.02(gggg) to add perchloroethylene (PERC 
or tetrachloroethylene) to the list of compounds excluded from the 
definition of volatile organic compounds (VOC) on the basis that this 
compound has been determined to have negligible photochemical 
reactivity. The EPA published a notice in the Federal Register on 
February 7, 1996, (61 FR 4590), which documents the Agency's decision 
to add perchloroethylene to this list of excluded compounds.
    ADEM revised 335-3-1-.04 to clarify reports the ADEM Director may 
require.

Chapter 335-3-3--Control of Open Burning and Incineration

    Rule 335-3-.01(8) was revised to make clear that only wood 
vegetation, coal, propane, kerosene, and fuel oil or used oil may be 
used as fuel in salamanders for heating purposes.

Chapter 335-3-4--Control of Particulate Emissions

    This chapter was revised to change all references to ``equivalent 
opacity'' to opacity. The adjective equivalent is not needed when 
describing visible emission restrictions from sources.
    Rule 335-3-4-.01 was amended to delete paragraph (3) which 
addresses uncombined water. Paragraph (2) requires that sources' 
opacity standards comply with EPA Reference Method 9 which adequately 
addresses uncombined water.

Chapter 335-3-6--Control of Organic Emissions

    Rules 335-3-6-.19 and 335-3-6-.40 were deleted because they address 
requirements for perc dry cleaning control technique guidelines which 
are no longer needed because perc was exempted from the list of VOCs.
    Rule 335-2-6-.37(13) and Appendix F were amended to incorporate by 
reference EPA's revised capture efficiency guidance.

Chapter 335-3-15--Synthetic Minor Operating Permits

    Rule 335-3-15-.04 was amended to better define the application 
process for stationary sources applying for synthetic minor operating 
permits. It also states that new stationary sources applying for a 
permit at a greenfield site will not be able to initiate construction 
until the permit is issued.

Final action

    The EPA is approving the aforementioned revisions because they meet 
the Agency requirements. This action is being published without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comments.

[[Page 30992]]

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 August 5, 
1997 unless, within 30 days of its publication, 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 August 5, 1997.
    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. Secs. 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 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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.
    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.
    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 5, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Particulate matter and Ozone.

    Dated: April 7, 1997.
Michael V. Peyton,
Acting Regional Administrator.

    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)(70) to read as 
follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *
    (70) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 
30, 1996. These revisions involve changes to Chapters 335-3-1, -2, -3, 
-4, -5, -6, -8, -9, -12, -13, -14, Appendices C, E, and F.
    (i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(23-25); 
335-3-1-.04(1-2); 335-3-1-.06(3); 335-3-1-.08; 335-3-1-.09(11); 335-3-
1-.11; 335-3-2-.02(c); 335-3-2-.08(3); 335-3-3-.01(8); 335-3-
4-.01(1)(a-b), (3); 335-3-4-.04(5); 335-3-4-.07(6-7); 335-3-4-.08(2), 
(3), (3)(b), (4)(b); 335-3-4-.09(1)(4a-b), (4)(c); 335-3-4-.11(2); 335-
3-4-.14(2)(a)2, (2)(b)3; 335-3-4-.15(5-6), (6)(e), (6)(g)1; 335-3-
4-.17(4), (7-9); 335-3-5-.01(2), (2)(b), (4); 335-3-5-.02(1-3); 335-3-
5-.03(4), (4)(b), (5)(b), (8); 335-3-5-.04(10)(d), (12)(b); 335-3-
6-.01(3-6); 335-3-6-.04(4); 335-3-6-.05(3), (4), (5)(a), (5)(f), (6), 
(7); 335-3-6-.06(3)(a), (3)(a)3, (4-5); 335-3-6-.07(1), (2)(d), (3), 
(4), (4)(c), (5)(a), (5)(c), (7); 335-3-6-.11(1)(a), (1)(b-c), (2)(a), 
(2)(b-c), (3), (3)(b-c), (4)(a), (4)(b-d), (5)(a), (5)(b-c), (6)(a), 
(6)(b-c), (7)(a), (7)(b-c), (8)(a-c), (9)(a)3, (9)(b), (10)(a), 
(10)(b), (10)(c-d), (11)(a), (11)(b), (11)(c), (11)(d-e); 335-3-
6-.12(4), (5), (6), (6)(b)3; 335-3-6-.13(2)(a); 335-3-6-.15(1)(a), 
(1)(b), (2)(a), (2)(c), (3)(a), (3)(b), (4)(a), (4)(c-d), (5); 335-3-
6-.16(1)(e)1, (1)(e)2I, (2)(g)1, (2)(g)3iii, (2)(g)3vii, (3)(a), 
(6)(a), (7)(a), (7)(c)2(d), (8)(a), (9)(a), (10)(a), (11)(a), (11)(d), 
(12)(a), (13)(a); 335-3-6-.17(3), (3)2(c-d), (4)(b); 335-3-6-.18(4)(b); 
335-3-6-.19; 335-3-6-.20(3)(a), (4)(a), (4)(c), (5)(a)2, (5)(a)3(b), 
(6); 335-3-6-.21(1)(b), (3-4), (10)(b), (12)(b), (13); 335-3-
6-.22(3)(b), (3)(c)1-2, (4); 335-3-6-

[[Page 30993]]

 .23(4)(a)2, (4)(b)3, (5)(a-b), (8); 335-3-6-.24(1)(a), (2); 335-3-
6-.27(4); 335-3-6-.28(3), (4), (5)(a), (5)(f), (6), (7)(c-d); 335-3-
6-.29(3)(a), (3)(a)3, 3(e), (4), (5), (6)(c-d); 335-3-6-.30(2)(d), (3), 
(4), (4)(c), (5)(a), (5)(c-d), (7); 335-3-6-.32(1)(a), (1)(a)7(b-c), 
(2)(a), (2)(a)2(b-c), (3)(a), (3)(a)2(b-c), (4)(a), (4)(a)3(b-d), 
(6)(a), (6)(b-c), (7)(a), (7)(b-c), (8)(a), (8)(b-c), (9)(a), (10)(a), 
(10)(b), (10)(c-d), (11)(a), (11)(b), (11)(c), (11)(d-e), (12)(a), 
(12)(b-d); 335-3-6-.33(3)(a-b), (4), (5), (6), (6)(b)3; 335-3-
6-.34(5)(b-c); 335-3-6-.36(1)(a), (1)(b), (2)(a), (2)(a)4-6, (2)(c), 
(3)(a), (3)(b), (4)(a), (4)(c-e), (5), (6)(a)1-2, (6)(b); 335-3-
6-.37(1)(c)3, (3)(a), (3)(b)1-2, (5)(a), (6)(a), (7)(a), (7)(c), 
(7)(d), (8)(a), (10)(a), (11)(a), (11)(d), (12)(a), (13)(a), (13)(a)11-
16, (13)(a)20-22, (13)(b)1-2, (13)(c)1, (13)(c)3, (13)(c)3(i-iv), 
(13)(d)(4-5); 335-3-6-.39(4)(b); 335-3-6-.40; 335-3-6-.41(3)(a), (4)(a-
b), (5)(a)2, (5)(b), (6); 335-3-6-.43(4), (6)(f-g); 335-3-6-.44(4)(a)2-
3, (4)(b)3, (5)(a-c), (8); 335-3-6-.45(4)(a), (4)(a)1(I-III), (4)(a)3, 
(4)(b-c), (4)(d); 335-3-6-.46; 335-3-6-.47(1), (3)(a-c), (4)(d), (5)(a-
b), (10)(a)7, (11)(c); 335-3-6-.48(1), (3); 335-3-6-.49(1), (5)(a); 
335-3-6-.50(1); 335-3-6-.53(13); 335-3-8-.02(1); 335-3-9-.01(3); 335-3-
12-.02(2); 335-3-13-.02(3); 335-3-13.03(3); 335-3-13-.04(3); 335-3-
13-.05(3); 335-3-13-.06(3); 335-3-14-.01(1)(b-c), (1)(e), (1)(g), 
(1)(k), (1)(k)1-5, (6)(a), (6)(b), (6)(b)1, (6)(b)3, (6)(c), (7)(a)2, 
(7)(c-d); 335-3-14-.02(1)(a), (4)(b-c), (4)(e)1, (4)(e)4, (5)(a-c); 
335-3-14-.03(1)(g)1-3, (1)(h)2(V), (2)(a), (2)(a)4(V), (2)(a)6(i-ii), 
(2)(a)7, (2)(a)7(i-ii), (2)(a)7(I), (2)(a)(7)(II)(iii), (2)(b-c), 
(2)(f-g); 335-3-14-.04(2), (2)(a)1(i-iii), (2)(b)1, (2)(c)2(i), 
(2)(c)4, (2)(c)6(i-ii), (2)(f), (2)(i), (2)(i)1, (2)(m)1, (2)(m)1(i), 
(2)(n)2, (2)(u)1, (2)(u)4, (2)(w)3, (6)5(b), (8)(a-d), (8)(e-f), (8)(g-
h), (8)(h)3, (8)(k), (8)(l), (11)(a), (12)(a)(6-8), (12)(c), (13)(a), 
(15)(c), (15)(f-h), (17)(c), (18)(a), (18)(b)2-3, (18)(c), (18)(d), 
(19)(a), (19)(c); 335-3-14-.05(2)(c)1(ii), (2)(l), (3), (3)(c), (4)(c), 
(4)(c)2, (4)(d), (5-6), (6)(c), (7)(a), (9)(c)2, (9)(d), (11), (12)(a), 
(13)(b)7; 335-3-15-.01(b), (d-f), (h); 335-3-15-.02(3-4), (7)(c), 
(8)(f), (8)(h)2, (8)(h)4(i), (8)(h)4(iv), (9)(a)4(iv)1-3, 
(9)(a)4(iv)(V), (9)(a)6(i-ii), (9)(a)7, (9)(a)7(i-ii), (9)(a)7(ii)(I), 
(9)(a)7(iii), (9)(b-c), (9)(f-g); 335-3-15-.04(1)(a-d), (1)(e), (1)(g-
h), (2)(a)(3)(c), (4)(a-b); and 335-3-15-.05(a) were adopted on October 
15, 1996.
    (ii) Other material. None.

[FR Doc. 97-14851 Filed 6-5-97; 8:45 am]
BILLING CODE 6560-50-P