[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Rules and Regulations]
[Pages 674-676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-045-1-9804a; FRL-5946-5]


Approval and Promulgation of Implementation Plans: Revisions to 
Several Chapters 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 August 28, 1997, 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--General Provisions, 335-3-3--Control of 
Open Burning and Incineration and 335-3-6--Control of Organic 
Emissions. The Environmental Protection Agency (EPA) is approving these 
revisions but is not taking action in this document on the revisions 
made to chapters 335-3-10--Standards of Performance for New Stationary 
Sources and 335-3-11--National Emissions Standards of Hazardous Air 
Pollutants because they are not a part of the federally approved SIP 
for Alabama.

DATES: This action will be effective March 9, 1998 unless adverse or 
critical comments are received by February 6, 1998. 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.

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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 August 28, 1997, the State of Alabama 
through ADEM submitted numerous changes to their Air Division 
Administrative Code to be incorporated into their SIP. The changes 
include revisions to the definition of volatile organic compounds (VOC) 
in chapter 335-3-1, changes to the open burning rules in Chapter 335-3-
3 and a technical amendment to Chapter 335-3-6. The following is a 
brief summary of the revisions made to the aforementioned Chapters.

Summary of Revisions

Chapter 335-3-1--General Provisions

    ADEM is revising 335-3-1-.02(gggg) to add HFC 43-10mee and HCFC 
225ca and cb to the list of compounds excluded from the definition of 
volatile organic compounds (VOC) on the basis that these compounds have 
been determined to have negligible photochemical reactivity. These 
compounds are solvents which could be used in electronics and precision 
cleaning. For a more detailed rationale on why these chemicals were 
found to have negligible photochemical reactivity see the document 
published in the Federal Register on October 8, 1996, (61 FR 52848), 
which explains the EPA's decision to add HFC 43-10mee and HCFC 225ca 
and cb to this list of excluded compounds.

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

    Rule 335-3-.01(9) was revised to incorporate regulations adopted by 
the local air program of Jefferson County, Alabama. This revision will 
prohibit open burning in Jefferson County, Alabama during the ozone 
season months of June, July and August.

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

    Rule 335-3-6(5) was deleted because it addresses testing and 
monitoring procedures for perchloroethylene dry cleaning systems which 
are no longer needed because perchloroethylene was exempted from the 
list of VOCs by EPA on the basis that this compound has been determined 
to have negligible photochemical reactivity (See 61 FR 4590, February 
7, 1996).

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. 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 March 9, 1998 unless, adverse or critical comments 
are received by February 6, 1998.
    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 March 9, 1998.
    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 
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.
    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 5 U.S.C. 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 5 
U.S.C. 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 March 9, 1998. 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

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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, Ozone.

    Dated: December 5, 1997.
A. Stan Meiburg,
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 et seq.

Subpart B--Alabama

    2. Section 52.50 is amended by adding paragraph (c)(71) to read as 
follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c)* * *
    (71) 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, 335-3-3 
and 335-3-6.
    (i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(24-27), 
335-3-3-.01(9) and 335-3-6-.16 except for (5) were adopted on August 
19, 1997.
    (ii) Other material. None.

[FR Doc. 98-357 Filed 1-6-98; 8:45 am]
BILLING CODE 6560-50-P