[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56218-56220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-056-2-200205; FRL-7098-6]


Approval and Promulgation of Air Quality State Implementation 
Plans (SIP); Alabama: Control of Gasoline Sulfur and Volatility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a SIP revision submitted by the State of 
Alabama establishing low-sulfur and low-Reid Vapor Pressure (RVP) 
requirements for gasoline distributed in the Birmingham nonattainment 
area (Shelby and Jefferson counties in Alabama). Alabama developed 
these fuel requirements to reduce emissions of nitrogen oxides and 
volatile organic compounds as part of the State's strategy to achieve 
the National Ambient Air Quality Standard (NAAQS) for ozone in the 
Birmingham nonattainment area. EPA is approving Alabama's fuel 
requirement into the SIP because these fuel requirements are in 
accordance with the requirements of the Clean Air Act (the Act), and 
are necessary for the Birmingham nonattainment area to achieve the 1-
hour ozone NAAQS in a timely manner.

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

ADDRESSES: Copies of the State submittal(s) 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. Lynorae Benjamin, 
(404) 562-9040.
Alabama Department of Environmental Management (ADEM), 400 Coliseum 
Boulevard, Montgomery, Alabama 36110-2059.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, 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 30303-8960. The 
telephone number is (404) 562-9040. Ms. Benjamin can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 1, 2000, the State of Alabama 
submitted an attainment demonstration for the 1-hour ozone NAAQS for 
the Birmingham nonattainment area for inclusion into the Alabama SIP. 
The rule for the fuel program (the subject of this final rulemaking) is 
included in this submittal in Appendix I; the request for a waiver from 
Federal preemption pursuant to 211(c)(4)(C) of the Act (also the 
subject of this final rulemaking) is included as Appendix II of this 
submittal. Specifically, Appendix II of the Alabama submittal contains 
data and analyses to support a finding under section 211(c)(4)(C) that 
the State's low-sulfur and low-RVP requirements are necessary for the 
Birmingham nonattainment area to achieve the ozone NAAQS. On September 
11, 2001, (66 FR 47142) EPA published a notice of proposed rulemaking 
(NPR) to approve the fuel waiver request and fuel rule. That NPR 
provides a detailed description of this action and EPA's rationale for 
proposed approval. The public comment period for this action ended on 
October 11, 2001. No comments, adverse or otherwise, were received on 
EPA's proposal.

Final Action

    EPA is approving Alabama's low-sulfur/low-RVP fuel program into the 
federally enforceable SIP because the fuel requirements are in 
accordance with the Act, are necessary for the Birmingham nonattainment 
area to achieve the 1 hour ozone NAAQS in a timely manner, and will 
supply some or all of the reductions needed to achieve the ozone NAAQS.

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 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

[[Page 56219]]

will not have 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 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, 2001). 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, 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 prior existing requirements 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 1195 
(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 Action 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, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    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:
    A. In paragraph (c) add a new chapter heading No. 335-3-20-Control 
Fuels, and entries for Sections 335-3-20-.01, 335-3-20-.02, and 335-3-
20-.03; and
    B. In paragraph (e) add a new entry for ``Alabama Fuel Waiver 
Request--Appendix II of the Attainment Demonstration of the 1-hour 
NAAQS for Ozone for the Birmingham Nonattainment Area,'' at the end of 
the table 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. 335-3-20--Control of Fuels
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335-3-20-.01....................  Definitions.......  October 24, 2000..  November 7, 2001..  66 FR 56219.
335-3-20-.02....................  Control of Fuels..  October 24, 2000..  November 7, 2001..  66 FR 56219.
335-3-20-.03....................  Recordkeeping,      October 24, 2000..  November 7, 2001..  66 FR 56219.
                                   Reporting, and
                                   Testing.
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* * * * *
    (e) * * *
      

[[Page 56220]]



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                                    State effective                        Federal Register
            Provision                    date          EPA approval date        notice             Comments
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                          *         *         *         *         *         *         *
Alabama Fuel Waiver Request-      December 1, 2000..  November 7, 2001..  66 FR 56220.......
 Appendix II of the Attainment
 Demonstration of the 1-hour
 NAAQS for Ozone for the
 Birmingham Nonattainment Area.
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[FR Doc. 01-27828 Filed 11-6-01; 8:45 am]
BILLING CODE 6560-50-P