[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56223-56225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27827]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-056-200204; FRL-7098-7]


Approval and Promulgation of Implementation Plans: Alabama: 
Attainment Demonstration of the Birmingham 1-hour Ozone Nonattainment 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving additions to Alabama's Air Quality 
Regulations and the ground-level 1-hour ozone attainment demonstration 
State Implementation Plan (SIP) for the Birmingham nonattainment area 
submitted by the Alabama Department of Environmental Management (ADEM) 
on November 1, 2000. This rule is based on the requirements of the 
Clean Air Act as amended in 1990 (CAA), related to 1-hour ozone 
attainment demonstrations. EPA will be approving the fuel control 
measure in a separate Federal Register action.

EFFECTIVE DATE: This final rule is effective on December 7, 2001.

ADDRESSES: 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 Development 
Section, Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 1, 2000, the Alabama Department 
of Environmental Management (ADEM) submitted a revision to its ground-
level 1-hour ozone attainment SIP to meet the requirements of the CAA 
as amended in 1990, related to 1-hour ozone attainment demonstrations. 
The revision consists of the adoption of the regulatory section, 
chapter 335-3-8 Control of Nitrogen Oxide Emissions: (.03) 
NOX Emissions from Electric Utility Generating Units, and 
the adoption of the non-regulatory ground-level 1-hour ozone attainment 
demonstration. On September 11, 2001, (66 FR 47145) EPA published a 
notice proposing to approve the November 1, 2000, ground-level 1-hour 
ozone attainment demonstration and the associated regulations. That 
notice provided for a public comment period ending on October 11, 2001. 
A detailed description of this attainment demonstration and EPA's 
rationale for approving it was provided in the proposal notice and will 
not be restated here. No adverse comments were received on EPA's 
proposal.

I. Final Action

    EPA is approving the ground-level 1-hour ozone attainment 
demonstration for Birmingham and the associated regulations, which were 
submitted to EPA on November 1, 2000. EPA finds that Alabama's 
submittal is fully approvable.

II. 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 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

[[Page 56224]]

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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does 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). This action 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 CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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 CAA. 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 CAA. 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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 7, 2002. 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: October 24, 2001.
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:
    A. Adding in paragraph (c) a new entry in Chapter No. 335-3-8--
Nitrogen Oxides Emissions for Section 335-3-8-.03; and
    B. Adding a new entry at the end of the table in paragraph (e) for 
``Attainment Demonstration of the 1-hour NAAQS for Ozone for the 
Birmingham Nonattainment Area'' to read as follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
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                                                                                               Federal Register
         State citation              Title subject       Adoption date     EPA approval date        notice
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*                  *                  *                  *                  *                  *
                                                        *
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                                  Chapter No. 335-3-8 Nitrogen Oxides Emissions
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*                  *                  *                  *                  *                  *
                                                        *
Section 335-3-8-.03.............  NOX Emissions from  October 24, 2000..  November 7, 2001..  [Insert citation
                                   Electric Utility                                            of publication].
                                   Generating Units.
 
*                  *                  *                  *                  *                  *
                                                        *
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* * * * *
    (d) * * *
    (e) * * *

[[Page 56225]]



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                                    State effective                        Federal Register
            Provision                    date          EPA approval date        notice             Comments
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*                  *                  *                  *                  *                  *
                                                        *
Attainment Demonstration of the   December 1, 2000..  November 7, 2001..  [Insert citation
 1-hour NAAQS for Ozone for the                                            of publication].
 Birmingham Nonattainment Area.
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[FR Doc. 01-27827 Filed 11-6-01; 8:45 am]
BILLING CODE 6560-50-P