[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Rules and Regulations]
[Pages 17286-17288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8531]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-058-200219(a); FRL-7169-1]


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 
February 21, 2002, by the State of Alabama. The revisions comply with 
the regulations set forth in the Clean Air Act (CAA). The revision was 
submitted to correct a numbering inconsistency in chapter 335-3-14 
``Air Permits.''

DATES: This direct final rule is effective June 10, 2002 without 
further notice,

[[Page 17287]]

unless EPA receives adverse comment by May 10, 2002. 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: Sean Lakeman; 
Regulatory Development Section; Air Planning Branch; Air, Pesticides 
and Toxics Management Division; U.S. Environmental Protection Agency 
Region 4; 61 Forsyth Street, SW; Atlanta, Georgia 30303-8960.
    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: Sean Lakeman; Regulatory Development 
Section; Air Planning Branch; Air, Pesticides and Toxics Management 
Division; U.S. Environmental Protection Agency Region 4; 61 Forsyth 
Street, SW; Atlanta, Georgia 30303-8960. Mr. Lakeman can also be 
reached by phone at (404) 562-9043 or by electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Analysis of State's Submittal

    On February 21, 2002, the State of Alabama through ADEM submitted 
revisions to chapter 335-3-14 ``Air Permits'' to correct a numbering 
inconsistency.

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 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 June 10, 2002 without 
further notice unless the Agency receives adverse comments by May 10, 
2002.
    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 June 10, 2002 and no 
further action will be taken on the proposed rule.

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 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 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 Clean 
Air Act. 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 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. 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 June 10, 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).)

[[Page 17288]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Lead, 
Intergovernmental relation, Reporting and recordkeeping requirements.

    Dated: March 28, 2002.
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(c) is amended by revising the entry for ``Section 
335-3-14.04'' to read as follows:


Sec. 52.50  Identification of plan.

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    (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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                                        Chapter No. 335-3-14--Air Permits
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                                                        *
Section 335-3-14.04.  Air Permits            February 5, 2002.....  April 10, 2002.......  [Insert citation of
                       Authorizing                                                          publication]
                       Construction in
                       Clean Air Areas
                       [:prevention of
                       Significant
                       Deterioration
                       Permitting (PSD)].
 
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[FR Doc. 02-8531 Filed 4-9-02; 8:45 am]
BILLING CODE 6560-50-P