[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Rules and Regulations]
[Pages 36919-36921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-057-200116; FRL-7012-1]


Approval and Promulgation of Implementation Plans: Alabama: 
Nitrogen Oxides Budget and Allowance Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Alabama on March 12, 2001. This revision was 
submitted to satisfy EPA's regulation entitled, ``Finding of 
Significant Contribution and Rulemaking for Certain States in the 
OzoneTransport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone,'' otherwise known as the ``NOX 
SIP Call.'' This revision establishes and requires a nitrogen oxides ( 
NOX) allowance trading program for large electric generating 
and industrial units, and reductions for cement kilns, beginning in 
2004. The intended effect of this SIP revision is to reduce emissions 
of NOX in order to help attain the national ambient air 
quality standard for ozone. On December 26, 2000, EPA determined that 
Alabama had failed to submit a SIP in response to the NOX 
SIP Call, thus starting a 18 month clock for the mandatory imposition 
of sanctions and the obligation for EPA to promulgate a Federal 
Implementation Plan (FIP) within 24 months. On March 12, 2001, Alabama 
submitted a NOX SIP and EPA found that SIP submission 
complete on March 19, 2001, stopping the sanctions clock. Through this 
Federal Register document, both the sanctions clock and EPA's FIP 
obligation are terminated.

EFFECTIVE DATE: This final rule is effective on August 15, 2001.

ADDRESSES: All comments should be addressed to: Sean Lakeman 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: 
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: Sean Lakeman, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, Environmental Protection Agency, 61 Forsyth Street, 
SW., Atlanta, Georgia 30303. The telephone number is (404) 562-9043. 
Mr. Lakeman can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2001, the Alabama Department of Environmental 
Management (ADEM) submitted a revision to its SIP to meet the 
requirements of the NOX SIP Call. The revision consists of 
the adoption of one new section to chapter 335-3-1 General Provisions: 
(.14) Emissions Reporting Requirements Relating to Budgets for 
NOX Emissions; and 11 new sections to chapter 335-3-8 
Control of Nitrogen Oxide Emissions: (.01) Standards for Portland 
Cement Kilns; (.04) Standards For Stationary Reciprocating Internal 
Combustion Engines (reserved); (.05) NOX Budget Trading 
Program; (.06) Authorized Account Representative for NOX 
Budget Sources; (.07) Permits; (.08) Compliance Certification; (.09) 
NOX Allowance Allocations; (.10) NOX Allowance 
Tracking System; (.11) NOX Allowance Transfers; (.12) 
Monitoring and Reporting; and (.13) Individual Unit Opt-ins. On May 16, 
2001, (66 FR 27047) EPA published a notice of proposed rulemaking (NPR) 
proposing to approve the March 12, 2001 SIP revision. That NPR provided 
for a public comment period ending on June 15, 2001. A detailed 
description of this SIP revision and EPA's rationale for approving it 
was provided in the proposed rule and will not be restated here. No 
significant or adverse comments were received on EPA's proposal.

II. Final Action

    EPA is approving Alabama's SIP revision including its 
NOX Reduction and Trading Program and cement kiln rule, 
which was submitted on March 12, 2001. EPA finds that Alabama's 
submittal is fully approvable because it meets the requirements of the 
NOX SIP Call.

III. 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. For

[[Page 36920]]

this reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 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). This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 
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.
    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.
    The approval of the Alabama NOX Reduction and Trading 
Program 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 September 14, 2001. 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements.

    Dated: July 6, 2001.
Phyllis P. Harris,
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 in the Table in paragraph (c) as 
follows:
    a. Under Chapter No. 335-3-1 by adding entry ``Section 335-3-
1-.14.''
    b. Under Chapter No. 335-3-8 by redesignating the entry ``Section 
335-3-8-.01'' as ``Section 335-3-8-.14'' and adding new entry ``Section 
335-3-8-.01.''
    c. Under Chapter No. 335-3-8 by adding entry ``Section 335-3-
8-.04.''
    d. Under Chapter No. 335-3-8 by adding entries for Sections 335-3-
8-.05 through 335-3-8-.13.
    The additions read as follows:


Sec. 52.50  Identification of plan.

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    (c) * * *

[[Page 36921]]



                                        EPA Approved Alabama Regulations
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                                                                                               Federal Register
         State citation              Title subject       Adoption date     EPA approval date        notice
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                                     Chapter No. 335-3-1--General Provisions
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*                  *                  *                  *                  *                  *
                                                        *
Section 335-3-1-.14.............  Emissions           April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Reporting
                                   Requirements
                                   Relating to
                                   Budget for NOX
                                   Emissions.
 
*                  *                  *                  *                  *                  *
                                                        *
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                                Chapter No. 335-3-8--(2) Nitrogen Oxide Emissions
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Section 335-3-8-.01.............  Standards for       April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Portland Cement
                                   Kilns.
 
*                  *                  *                  *                  *                  *
                                                        *
Section 335-3-8-.04.............  Standards for       April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Stationary
                                   Reciprocating
                                   Internal
                                   Combustion
                                   Engines
                                   (Reserved).
Section 335-3-8-.05.............  NOX Budget Trading  April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Program.
Section 335-3-8-.06.............  Authorized Account  April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Representative
                                   for NOX Budget
                                   Sources.
Section 335-3-8-.07.............  Permits...........  April 6, 2001.....  July 16, 2001.....  66 FR 36921
Section 335-3-8-.08.............  Compliance          April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Certification.
Section 335-3-8-.09.............  NOX Allowance       April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Allocations.
Section 335-3-8-.10.............  NOX Allowance       April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Tracking System.
Section 335-3-8-.11.............  NOX Allowance       April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Transfers.
Section 335-3-8-.12.............  Monitoring and      April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Reporting.
Section 335-3-8-.13.............  Individual Unit     April 6, 2001.....  July 16, 2001.....  66 FR 36921
                                   Opt-ins.
 
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[FR Doc. 01-17560 Filed 7-13-01; 8:45 am]
BILLING CODE 6560-50-P