[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Rules and Regulations]
[Pages 49005-49006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-047-1-9825a; FRL 6156-9]


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: EPA is approving revisions to the Alabama Department of 
Environmental Management's (ADEM) Administrative Code submitted on 
March 5, 1998, by the State of Alabama. They made these revisions to 
comply with the regulations set forth in the Clean Air Act (CAA). 
Included are revisions to the definition of volatile organic compounds 
(VOC), the capture efficiency regulations in Appendix F, and the 
requirements for new source review.

DATES: This action is effective November 13, 1998, unless adverse or 
critical comments are received by October 14, 1998. If EPA receives 
such comments, it will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

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:

I. Analysis of State Submittal

Chapter 335-3-1--General Provisions

    The Alabama Department of Environmental Management (ADEM) submitted 
the revisions to this chapter to add to the list of chemicals excluded 
from the definition of VOC on the basis that these chemicals have been 
determined to have negligible photochemical reactivity. The chemicals 
listed below have a potential for use as refrigerants, aerosol 
propellants, fire extinguishants, blowing agents and solvents.
     (HFC-32) Difluoromethane;
     (HFC-161) Ethylfluoride;
     (HFC-236fa) 1,1,1,3,3,3-Hexafluoropropane;
     (HFC-245ca) 1,1,2,2,3-Pentafluoropropane;
     (HFC-245ea) 1,1,2,3,3-Pentafluoropropane;
     (HFC-245eb) 1,1,1,2,3-Pentafluoropropane;
     (HFC-245fa) 1,1,1,3,3-Pentafluoropropane;
     (HFC-236ea) 1,1,1,2,3,3-Hexafluoropropane;
     (HFC-365mfc) 1,1,1,3,3-Pentafluorobutane;
     (HCFC-31) Chlorofluoromethane;
     (HCFC-123a) 1,2-Dichloro-1,1,2-trifluoroethane;
     (HCFC-151a) 1-Chloro-1-fluoroethane;
     (C4F9OCH3) 1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane;
     ((CF3) 2CFCF2OCH3) 2-(Difluoromethoxymethyl)-
1,1,1,2,3,3,3-Heptafluoropropane;
     (C4F9OC2H5) 1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane; 
and ((CF3) 2CFCF2OC2H5) 2-(Ethoxydifluoromethyl)-1,1,1,2,3,3,3-
heptafluoropropane.
    Periodically EPA updates the list of exempt chemicals after 
extensive research has been conducted on the specified chemicals. 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 August 25, 1997, (62 FR 44900).

Chapter 335-3-12--Continuous Monitoring Requirements for Existing 
Sources

    Rule 335-3-12-.02(1)(b) deletes the phrase ``of this Chapter'' and 
replaces it with ``of Chapter 335-3-10.'' ADEM submitted this revision 
to clarify and make the appropriate reference to Chapter 335-35-10.

Chapter 335-3-14--Air Permits

    On August 30, 1993, EPA granted Alabama a waiver exempting new 
source review offsets for NOX in the Birmingham ozone 
nonattainment area under section 182(f) of the CAA. EPA determined at 
the time that the area had clean air data that supported the exemption. 
On August 18, 1995, violations of the ozone national ambient air 
quality standard were detected. Subsequent exceedances of the ozone 
NAAQS propelled EPA to rescind the NOX waiver effective 
September 19, 1997. As a result, ADEM revised this chapter to include 
NOX offsets for major new or modified stationary sources of 
NOX. In addition, ADEM submitted minor wording changes. All 
of the revisions that are being approved in this action are listed 
below:
     Rule 335-3-14-.01(7)(c) will include a reference to rule 
``335-3-14-.06'';
     Rule 335-3-14-.05(2)(c)2 now reads as follows, 
``Furthermore, a major facility that is major for volatile organic 
compounds and/or nitrogen oxides also shall be considered major for the 
pollutant ozone'; and
     Rule 335-3-14-.05(3)(c) changes the paragraph number (6) 
to (7).

Appendix F--Capture Efficiency Procedures

    ADEM submitted numerous revisions to Appendix F. ADEM amended the 
capture efficiency procedures to adopt EPA's current rule.

II. Final Action

    EPA is approving the aforementioned changes to the SIP. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should relevant 
adverse comments be filed. This rule will be effective November 13, 
1998 without further notice unless the Agency receives relevant adverse 
comments by October 14, 1998.
    If the EPA receives such comments, then EPA will publish a timely

[[Page 49006]]

withdrawal of the direct final rule and inform the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period. Only parties interested 
in commenting should do so at this time. If no such comments are 
received, the public is advised that this rule will be effective on 
November 13, 1998, and no further action will be taken on the proposed 
rule.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order 12866, entitled 
Regulatory Planning and Review.

B. Executive Order 13045

    This final rule is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety 
Risks, because it is not an ``economically significant'' action under 
Executive Order 12866.

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
CAA, preparation of 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. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2).

D. Unfunded Mandates

    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.

E. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

F. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 13, 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 enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone.

    Dated: August 24, 1998.
A. Stan Meiburg,
Acting Regional Administrator, Region 4.

    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)(72) read as 
follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *
    (72) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on March 5, 
1998. These revisions involve changes to Chapters 335-3-1, 335-3-12, 
335-3-14 and Appendix F.
    (i) Incorporation by reference. Rules 335-3-1-.02(gggg), 335-3-
12-.02(1)(b), 335-3-14-.01(7)(c), 335-3-14-.05(2)(c)2, 335-3-
14-.05(3)(c), and Appendix F were adopted on February 17, 1998.
    (ii) Other material. None.

[FR Doc. 98-24605 Filed 9-11-98; 8:45 am]
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