[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Rules and Regulations]
[Pages 9916-9919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4688]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-049-1-9907a; FRL-6236-1]


Approval and Promulgation of Implementation Plans: Revisions to 
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 
October 23, 1998, by the State of Alabama. These revisions were made to 
comply with the regulations set forth in the Clean Air Act (CAA). 
Included in this document are revisions to Chapter 335-3-1--General 
Provisions.

DATES: This direct final rule is effective April 30, 1999 without 
further notice, unless EPA receives adverse comment by March 31, 1999. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.


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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

Rule 335-3-1-.02(gggg)
    The Alabama Department of Environmental Management (ADEM) submitted 
revisions to this rule to add methyl acetate to the list of chemicals 
excluded from the definition of VOC on the basis that it has negligible 
photochemical reactivity. Methyl acetate has the potential for use as a 
solvent in paints, inks, and adhesives.
    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 this chemical was found to have 
negligible photochemical reactivity, see the document published in the 
Federal Register on April 9, 1998 (63 FR 17331).
Rule 335-3-1-.03(5)
    This rule was revised to change the word ``Section'' to ``Rule.''

II. Final Action

    EPA is approving the aforementioned changes to the state 
implemetation plan (SIP). The EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
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 adverse comments be filed. This rule will be effective 
April 30, 1999 without further notice unless the Agency receives 
adverse comments by March 31, 1999.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing 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. 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 April 30, 1999 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 Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct

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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 Clean Air Act 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 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act 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).

F. 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 
annual 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 annual 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.

G. 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).

H. Petitions for Judicial Review

    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 April 30, 1999. 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, 
Intergovernmental relation, Nitrogen dioxide, and Ozone.

    Dated: January 28, 1999.
A. Stanley 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 revising the heading of the table in 
paragraph (c) and revising the entries for ``335-3-1-.02'' and ``335-3-
1-.03'' to read as follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                        EPA Approved Alabama Regulations
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                   Chapter No. 335-3-1                                      General provisions
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                                                           Adoption                           Federal Register
          State citation                Title subject        date       EPA approval date          notice
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      *                   *                   *                   *                   *                   *
                                                           *
335-3-1-.02.......................  Definitions.........    10/13/98  March 1, 1999.......  [Insert citation of
                                                                                             publication.]
335-3-1-.03.......................  Ambient Air Quality     10/13/98  March 1, 1999.......  [Insert citation of
                                     Standards.                                              publication.]
 
      *                   *                   *                   *                   *                   *
                                                           *
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[FR Doc. 99-4688 Filed 2-26-99; 8:45 am]
BILLING CODE 6560-50-P