[Federal Register Volume 67, Number 239 (Thursday, December 12, 2002)]
[Rules and Regulations]
[Pages 76316-76318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31235]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-059-200306(a); FRL-7419-9]


Approval and Promulgation of Implementation Plans: Revisions to 
the Alabama Nitrogen Oxides Budget and Allowance Trading 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 nitrogen oxides budget and allowance trading 
program submitted on September 13, 2002, by the State of Alabama. These 
revisions are designed to provide greater flexibility to reward sources 
that achieve quantifiable reductions ahead of the compliance deadline 
by allowing sources to request credit for early reductions obtained 
during the 2001 control period.

DATES: This direct final rule is effective February 10, 2003 without 
further notice, unless EPA receives adverse comment by January 13, 
2003. 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:

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 September 13, 2002, the State of Alabama through Alabama 
Department of Environmental Management submitted revisions to Chapter 
335-3-8 regarding early reduction credits. The revisions to Chapter 
335-3-8-.10--NOX Allowance Tracking System would provide 
greater flexibility to reward sources that achieve quantifiable 
reductions ahead of the compliance deadline May 1, 2004, by allowing 
sources to qualify for early reduction credit in the form of nitrogen 
oxides allowances from a compliance supplement pool for the 2001 
control period. This is being accomplished by expanding the early 
reduction credit program from 2002 through 2003 to 2001 through 2003.

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 February 10, 2003 
without further notice unless the Agency receives adverse comments by 
January 13, 2003.
    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 February 10, 2003 and no 
further action will be taken on the proposed rule.

[[Page 76317]]

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 (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 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. section 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. 
section 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 February 10, 2003. 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 26, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Chapter I, title 40 of the 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 
335-3-8.10'' to read as follows:


Sec.  52.50  Identification of plan.

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    (c) * * *

                                                                                EPA Approved Alabama Regulations
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          State citation                         Title subject                        Adoption date                    EPA approval date                      Federal Register notice
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                                                                                          * * * * * * *
Section 335-3-8.10................  NOX Allowance Tracking System..........  August 27, 2002................  December 12, 2002..................  [Insert FR page citation from publication
                                                                                                                                                    date]
 
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[FR Doc. 02-31235 Filed 12-11-02; 8:45 am]
BILLING CODE 6560-50-P