[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Rules and Regulations]
[Pages 20075-20077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10061]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-060-200320(a); FRL-7487-1]


Approval and Promulgation of Implementation Plans: Revisions to 
the Alabama State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving miscellaneous revisions to the Alabama 
State Implementation Plan submitted on March 13, 2003, by the State of 
Alabama. The revisions include addition of rule of chapter 335-3-1-.15 
regarding emission inventory reporting requirements for stationary 
sources, revision of chapter 335-3-3 regarding removal, handling and 
disposal of asbestos-containing material, revision of chapter 335-3-8 
to make minor technical corrections, and revision of chapter 335-3-17 
to incorporate changes made to the Federal regulations regarding 
transportation conformity.

DATES: This direct final rule is effective June 23, 2003 without 
further notice, unless EPA receives adverse comment by May 27, 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 March 13, 2003, the State of Alabama through Alabama Department 
of Environmental Management submitted revisions to chapter 335-3-1 
regarding emission inventory reporting requirements for stationary 
sources, chapter 335-3-3 regarding removal, handling and disposal of 
asbestos-containing material, chapter 335-3-8 to make minor technical 
corrections, and revision of chapter 335-3-17 to incorporate changes 
made to the Federal regulations regarding transportation conformity.
    Rule 335-3-1-.15 is being added to implement the Consolidated 
Emissions Reporting Rule and adopt the emissions inventory reporting 
requirements for stationary sources under the Federal Consolidated 
Emissions Reporting Rule.
    Rule 335-3-3-.01(e) is being revised to incorporate a federal 
requirement for removal, handling and disposal of asbestos-containing 
material. The regulatory requirements for the demolition of a building 
by intentional burning is found in 40 CFR 61.145(c)(10).
    Rule 335-3-8.10(6)(c) is being revised to clarify intent of the 
rule to ensure that base years later than 2000 would have an equivalent 
starting point of 90% data availability. Rule 335-3-8-.12(b)3(ii)(I) 
and (II) and 335-3-8-.12(b)4(i)(I) and (II) are being revised to make 
minor technical corrections.
    Rule 335-3-17-.01 is being revised to incorporate changes made to 
the Federal regulations regarding transportation conformity. On August 
6, 2002, EPA promulgated two minor revisions to the Transportation 
Conformity Rule under 40 CFR part 93. First, this rule implements a 
Clean Air Act (CAA) amendment that provides a one-year grace period 
before conformity is required in areas that are designated 
nonattainment for a given air quality standard for the first time. 
Although the grace period is already available to newly designated 
nonattainment areas as a matter of law, EPA has incorporated the one-
year conformity grace period into the conformity rule. Second, this 
rule changes the point by which a conformity determination must be made 
following a State's submission of a control strategy implementation 
plan or maintenance plan for the first time. This

[[Page 20076]]

rule requires conformity to be determined within 18 months of EPA's 
affirmative finding that the SIP's motor vehicle emissions budgets are 
adequate. Prior to this action, the conformity rule required a new 
conformity determination within 18 months of the submission of an 
initial SIP.

II. Final Action

    EPA is approving the aforementioned changes 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 23, 2003 without 
further notice unless the Agency receives adverse comments by May 27, 
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 June 23, 2003 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    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. 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 23, 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).) 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 23, 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: April 15, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority : 42 U.S.C. 7401 et seq.

[[Page 20077]]

Subpart B--Alabama

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2. Section 52.50(c) is amended by:
0
a. Adding in numerical order a new entry in Chapter No. 335-3-1 General 
Provisions for ``Section 335-3-1-.15''; and
0
b. Revising entries for ``Section 335-3-3-.01'', ``Section 335-3-
8-.10'', and ``Section 335-3-17-.01''.
    The revisions and addition read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Alabama Regulations
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                                                                State effective
          State citation                   Title/subject              date                  EPA approval date                       Explanation
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                                                                      * * * * * * *
Section 335-3-1-.15...............  Emissions Inventory               04/03/03   04/24/03 [Insert citation of
                                     Reporting Requirements.                      publication].
                                                                      * * * * * * *
Section 335-3-3-.01...............  Open Burning..............        04/03/03   04/24/03 [Insert citation of
                                                                                  publication].
                                                                      * * * * * * *
Section 335-3-8-.10...............  NOX Allowance Tracking            04/03/03   04/24/03 [Insert citation of
                                     System.                                      publication].
                                                                      * * * * * * *
Section 335-3-17-.01..............  Transportation Conformity.        04/03/03   04/24/03 [Insert citation of
                                                                                  publication].
                                                                      * * * * * * *
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[FR Doc. 03-10061 Filed 4-23-03; 8:45 am]
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