[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Rules and Regulations]
[Pages 56797-56798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24040]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-051-200026(a); FRL-6872-4]


Approval and Promulgation of Implementation Plans: Revision 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: The EPA is approving revisions to the Alabama Department of 
Environmental Management's (ADEM) Administrative Code submitted on 
January 10, 2000, by the State of Alabama. The revisions comply with 
the regulations set forth in the Clean Air Act (CAA). Included in this 
document are revisions to Chapter 335-3-14--Air Permits. ADEM is 
revising this rule to delete outdated accommodative state 
implementation plan (SIP) rules.

DATES: This direct final rule is effective November 20, 2000 without 
further notice, unless EPA receives adverse comment by October 20, 
2000. 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.

ADDRESSES: All comments should be addressed to: Kimberly Bingham at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303.
    Copies of documents relative to this action are available at the 
following addresses for inspection during normal business hours:
    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 Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
    Alabama Department of Environmental Management, 400 Coliseum 
Boulevard, Montgomery, Alabama 36110-2059.

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. Ms. Bingham can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Analysis of State's Submittal

    On January 10, 2000, the State of Alabama through ADEM submitted 
revisions to Chapter 335-3-14--Air Permits. Rule 335-3-14.05(4) was 
amended to remove outdated nonattainment new source review rules also 
referred to as ``accommodative SIP'' language. An accommodative SIP 
provides for new source growth without emission offsets by requiring 
reasonably available control technologies on existing 100 ton per year 
Group I and Group II sources that emit volatile organic compounds in 
areas not normally required to have controls (i.e., attainment and 
unclassified areas). ADEM removed most of the accommodative language in 
a previous SIP which was approved by EPA on December 19, 1986 (see 51 
FR 45469, December 19, 1986 for a more detailed discussion).
    ADEM deleted the following subparagraphs under rule 335-3-14-.05(4) 
which were a part of the accommodative SIP language:
     Subparagraphs (a), (b), and (e) were marked reserved.
     Subparagraph (c)(1) contained the following language, ``A 
person proposing to construct or make a major modification to a major 
facility subject to the provisions of this Rule, located in a nonurban 
nonattainment area (less than 200,000 population), shall be required to 
install LAER but shall not be required to obtain emission offsets as 
specified herein.''
     Subparagraph (c)(2) contained the following language, 
``The provisions of subparagraph (c) of this paragraph are applicable 
to volatile organic compound sources only.''
    These revisions comply with CAA requirements.

II. Final Action

    EPA is approving the aforementioned change to the State of 
Alabama's SIP because it is consistent with the CAA and EPA policy. The 
EPA is publishing this rule without a 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 if adverse comments 
are filed. This rule will be effective November 20, 2000 without 
further notice unless the Agency receives adverse comments by October 
20, 2000.
    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 November 20, 2000 and no 
further action will be taken on the proposed rule.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.

[[Page 56798]]

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 November 20, 2000. 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 will 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, Intergovernmental 
relation, Lead, Reporting and recordkeeping requirements.

    Dated: September 5, 2000.
Mike V. Peyton,
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 revising the entry for section 335-3-14.05 in 
the table in paragraph (c) to read as follows:


Sec. 52.50  Identification of plan.

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    (c) EPA approved regulations.

                                        EPA Approved Alabama Regulations
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                                                                                               Federal Register
         State citation              Title subject       Adoption date     EPA approval date        notice
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    (1) Chapter No. 335-3-14      (2) Air Permit....
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                                                        *
Section 335-3-1-14-05...........  Air Permits         December 7, 1999..  September 20, 2000  65 FR 56798
                                   Authorizing
                                   Construction in
                                   or Near Non-
                                   Attainment Areas.
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[FR Doc. 00-24040 Filed 9-19-00; 8:45 am]
BILLING CODE 6560-50-P