[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Rules and Regulations]
[Pages 5306-5310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01209]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2011-0043; FRL-9771-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Alabama; Redesignation of 
the Birmingham 2006 24-Hour Fine Particulate Matter Nonattainment Area 
to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request submitted on 
June 17, 2010, from the State of Alabama, through the Alabama 
Department of Environmental Management (ADEM), Air Division, to 
redesignate the Birmingham fine particulate matter (PM2.5) 
nonattainment area (hereafter referred to as the ``Birmingham Area'' or 
``Area'') to attainment for the 2006 24-hour PM2.5 national 
ambient air quality standards (NAAQS). The Birmingham 2006 24-hour 
PM2.5 nonattainment area is comprised of Jefferson and 
Shelby Counties in their entireties and a portion of Walker County. 
EPA's approval of the redesignation request is based on the 
determination that the State of Alabama has met the criteria for 
redesignation to attainment set forth in the Clean Air Act (CAA or 
Act), including the determination that the Birmingham Area has attained 
the 2006 24-hour PM2.5 NAAQS. Additionally, EPA is approving 
a revision to the Alabama state implementation plan (SIP) to include 
the 2006 24-hour PM2.5 maintenance plan for the Birmingham 
Area that contains the new 2024 motor vehicle emission budgets (MVEBs) 
for nitrogen oxides (NOX) and PM2.5. This action 
also approves the 2009 emissions inventory submitted with the 
maintenance plan.

DATES:  Effective Date: This rule will be effective February 25, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2011-0043. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30, excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey, 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. Joel Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for the actions?
II. What are the actions EPA is taking?
III. Why is EPA taking these actions?
IV. What are the effects of these actions?

[[Page 5307]]

V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    As stated in our proposed approval notice published on November 10, 
2011 (76 FR 70091), this redesignation action addresses the Birmingham 
Area's status solely with respect to the 2006 24-hour PM2.5 
NAAQS, for which designations were finalized on November 13, 2009 (74 
FR 58688). On June 17, 2010, the State of Alabama, through ADEM, 
submitted a request to redesignate the Birmingham Area to attainment 
for the 2006 24-hour PM2.5 NAAQS and for EPA approval of the 
Alabama SIP revisions containing a maintenance plan for the Area. In 
the November 10, 2011, notice, EPA proposed to take the following three 
separate but related actions, some of which involve multiple elements: 
(1) To redesignate the Birmingham Area to attainment for the 2006 24-
hour PM2.5 NAAQS, provided EPA approves the emissions 
inventory submitted with the maintenance plan; (2) to approve into the 
Alabama SIP, under section 175A of the CAA, Alabama's 2006 24-hour 
PM2.5 NAAQS maintenance plan, including the associated 
MVEBs; and (3) to approve, under CAA section 172(c)(3), the emissions 
inventory submitted with the maintenance plan. No comments were 
received on the proposed action. EPA is now taking final action on the 
three actions identified above. Additional background for today's 
action, and other details regarding the proposed redesignation, is set 
forth in EPA's November 10, 2011, proposal and is summarized below. The 
following information also: (1) Affirms that the most recent available 
ambient monitoring data continue to support this redesignation action, 
(2) summarizes the NOX and PM2.5 MVEBs for the 
year 2024 for the Birmingham Area, and (3) provides additional 
information on events that have occurred since the November 10, 2011, 
proposal.
    With regard to the data, EPA has reviewed the most recent ambient 
monitoring data, which indicate that the Birmingham Area continues to 
attain the 2006 24-hour PM2.5 NAAQS beyond the 3-year 
attainment period of 2007-2009, which was provided with Alabama's June 
17, 2010, submittal and request for redesignation. As stated in EPA's 
November 10, 2011, proposal notice, the 3-year design values of 34 
[mu]g/m\3\ for 2007-2009 and 29 [mu]g/m\3\ for 2008-2010 meet the NAAQS 
of 35 [mu]g/m\3\. Quality assured and certified data now in EPA's Air 
Quality System (AQS) for 2011 provide a 3-year design value of 27 
[mu]g/m\3\ for 2009-2011. Furthermore, preliminary monitoring data for 
2012 indicate that the Area is continuing to attain the 2006 24-hour 
PM2.5 NAAQS. The 2012 preliminary data are available in AQS 
although are not yet quality assured and certified.
    The MVEBs, specified in tons per day (tpd), included in the 
maintenance plan are as shown in Table 1 below. In the November 10, 
2011, proposed action, EPA noted that the period for public comment on 
the adequacy of these MVEBs (as contained in Alabama's submittal) began 
on March 24, 2011, and closed on April 25, 2011. No comments were 
received during the public comment period. Through this final action, 
EPA is finding the 2024 NOX and PM2.5 MVEBs 
adequate for transportation conformity purposes and finalizing the 
approval of the budgets.

                Table 1--Birmingham Area PM2.5 NOX MVEBs
                                  (tpd)
------------------------------------------------------------------------
                                                         PM2.5     NOX
------------------------------------------------------------------------
2024 On-road Mobile Emissions........................     0.96     25.20
Safety Margin Allocated to MVEBs.....................     0.245    23.21
2024 Conformity MVEBs................................     1.21     48.41
------------------------------------------------------------------------

    In the November 10, 2011, proposed redesignation of the Birmingham 
Area, EPA proposed to determine that the emission reduction 
requirements that contributed to attainment of the 2006 24-hour 
PM2.5 standard in the nonattainment area could be considered 
permanent and enforceable. See 76 FR at 70092, 70097-70099. At the time 
of proposal, EPA noted that the requirements of the Clean Air 
Interstate Rule (CAIR),\1\ which had been in place since 2005, were to 
be replaced, starting in 2012, by the requirements in the then recently 
promulgated Cross-State Air Pollution Rule (CSAPR), 76 FR 48208 (August 
8, 2011). CSAPR included regulatory changes to sunset (i.e., 
discontinue) the CAIR requirements for control periods in 2012 and 
beyond. See 76 FR at 48322. Although Alabama's redesignation request 
and maintenance plan included reductions associated with CAIR, EPA 
proposed to approve the request based in part on the fact that CSAPR 
achieved similar or greater reductions in the relevant areas in 2012 
and beyond. See 76 FR at 70092, 70097-70099. Because CSAPR requirements 
were expected to replace the CAIR requirements starting in 2012, EPA 
considered the impact of CSAPR related reductions on the Birmingham 
Area. On this basis, EPA proposed to determine that, pursuant to CAA 
section 107(d)(3)(E)(iii), the pollutant transport part of the 
reductions that led to attainment in the Birmingham Area could be 
considered permanent and enforceable. See 76 FR at 70092, 70097-70099.
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    \1\ On May 12, 2005, EPA published CAIR, which requires 
significant reductions in emissions of sulfur dioxide 
(SO2) and NOX from electric generating units 
to limit the interstate transport of these pollutants and the ozone 
and fine particulate matter they form in the atmosphere. See 70 FR 
75163. The U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Circuit) initially vacated CAIR, North Carolina v. 
EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule 
to EPA without vacatur to preserve the environmental benefits 
provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. 
Cir. 2008).
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    On December 30, 2011, shortly after EPA's proposed approval of the 
Birmingham redesignation, the D.C. Circuit issued an order addressing 
the status of CSAPR and CAIR in response to motions filed by numerous 
parties seeking a stay of CSAPR pending judicial review. In that order, 
the court stayed CSAPR pending resolution of the petitions for review 
of that rule in EME Homer City Generation, L.P. v. EPA (No. 11-1302 and 
consolidated cases), also referred to as EME Homer City. The court also 
indicated that EPA was expected to continue to administer CAIR in the 
interim until judicial review of CSAPR was completed. Subsequently, on 
August 21, 2012, the D.C. Circuit issued a decision in EME Homer City 
to vacate and remand CSAPR and to keep CAIR in place. Specifically, the 
court ordered EPA to continue administering CAIR pending the 
promulgation of a valid replacement. EME Homer City Generation, L.P. v. 
EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit has not yet 
issued the final mandate in EME Homer City as EPA (as well as several 
intervenors) petitioned for rehearing en banc, asking the full court to 
review the decision. While rehearing proceedings are pending, EPA 
intends to act in accordance with the panel opinion in the EME Homer 
City opinion.
    Subsequent to the EME Homer City opinion, EPA published several 
proposals to redesignate both particulate matter and ozone 
nonattainment areas to attainment. These proposals explained the legal 
status of CAIR and CSAPR, and provided a basis on which EPA would 
consider emissions reductions associated with CAIR to be permanent and 
enforceable for redesignation purposes, pursuant to CAA section 
107(d)(3)(D)(iii). In those actions, EPA explained that in light of the 
August 21, 2012, order by the D.C. Circuit, CAIR remains in place and 
enforceable until substituted by a

[[Page 5308]]

``valid'' replacement rule. See, e.g., 77 FR 69409 (November 19, 2012); 
77 FR 68087 (November 15, 2012).
    Alabama's June 17, 2010, SIP submittal supporting its redesignation 
request includes CAIR as a control measure, which became state-
effective on April 3, 2007, and was approved by EPA on October 1, 2007, 
for the purpose of reducing SO2 and NOX 
emissions. See 72 FR 55659. Due to the legal status of CSAPR at the 
time that EPA proposed approval of Alabama's June 17, 2010, 
redesignation submittal, EPA was able to rely on CSAPR related 
reductions. EPA also recognized that the monitoring data used to 
demonstrate the Birmingham Area's attainment of the 2006 24-hour 
PM2.5 NAAQS included reductions associated with CAIR. Due to 
the uncertainty regarding the legal status of CAIR when Alabama 
provided its submittal on June 17, 2010, the State's analysis assumed 
that no additional reductions in SO2 or NOX 
emissions from utilities would occur above and beyond those achieved 
through 2012 as a result of CAIR. To the extent that the Alabama 
submittal relies on CAIR reductions that occurred through 2012, the 
recent directive from the D.C. Circuit in EME Homer City ensures that 
the reductions associated with CAIR will be permanent and enforceable 
for the necessary time period for purposes of CAA section 
107(d)(3)(E)(iii). EPA has been ordered by the court to develop a new 
rule, and the opinion makes clear that after promulgating that new rule 
EPA must provide states an opportunity to draft and submit SIPs to 
implement that rule. CAIR thus cannot be replaced until EPA has 
promulgated a final rule through a notice-and-comment rulemaking 
process; states have had an opportunity to draft and submit SIPs; EPA 
has reviewed the SIPs to determine if they can be approved; and EPA has 
taken action on the SIPs, including promulgating a Federal 
Implementation Plan, if appropriate. The court's clear instruction to 
EPA is that it must continue to administer CAIR until a ``valid 
replacement'' exists, and thus CAIR reductions may be relied upon until 
the necessary actions are taken by EPA and states to administer CAIR's 
replacement. Furthermore, the court's instruction provides an 
additional backstop; by definition, any rule that replaces CAIR and 
meets the court's direction would require upwind states to have SIPs 
that eliminate significant contributions to downwind nonattainment and 
prevent interference with maintenance in downwind areas.
    Further, in deciding to vacate CSAPR and to require EPA to continue 
administering CAIR, the D.C. Circuit emphasized that the consequences 
of vacating CAIR ``might be more severe now in light of the reliance 
interests accumulated over the intervening four years.'' EME Homer 
City, 696 F.3d at 38. The accumulated reliance interests include the 
interests of states who reasonably assumed they could rely on 
reductions associated with CAIR, which brought certain nonattainment 
areas into attainment with the NAAQS. If EPA were prevented from 
relying on reductions associated with CAIR in redesignation actions, 
states would be forced to impose additional, redundant reductions on 
top of those achieved by CAIR. EPA believes this is precisely the type 
of irrational result the court sought to avoid by ordering EPA to 
continue administering CAIR. For these reasons also, EPA believes it is 
appropriate to allow states to rely on CAIR, and the existing emissions 
reductions achieved by CAIR, as sufficiently permanent and enforceable 
for purposes such as redesignation. Following promulgation of the 
replacement rule, EPA will review SIPs as appropriate to identify 
whether there are any issues that need to be addressed.
    In light of these unique circumstances and for the reasons 
explained above, EPA is approving the redesignation request and the 
related SIP revision for Jefferson and Shelby Counties in their 
entireties and a portion of Walker County in Alabama, including 
Alabama's plan for maintaining attainment of the 2006 24-hour 
PM2.5 NAAQS in the Birmingham Area. EPA continues to 
implement CAIR in accordance with current direction from the court, and 
thus CAIR is in place and enforceable and will remain so until 
substituted by a valid replacement rule. Alabama's SIP revision lists 
CAIR as a control measure, which became state-effective on April 3, 
2007, and was approved by EPA on October 1, 2007, for the purpose of 
reducing SO2 and NOX emissions. The monitoring 
data used to demonstrate the Area's attainment of the 2006 24-hour 
PM2.5 NAAQS by the April 2010 attainment deadline was 
impacted by CAIR.

II. What are the actions EPA is taking?

    In today's rulemaking, EPA is approving: (1) A change to the legal 
designation of the Birmingham Area from nonattainment to attainment for 
the 2006 24-hour PM2.5 NAAQS; (2) under CAA section 175A, 
Alabama's 2006 24-hour PM2.5 NAAQS maintenance plan, 
including the associated MVEBs; and (3) under CAA section 172(c)(3), 
the emissions inventory submitted with the maintenance plan for the 
Area. The maintenance plan is designed to demonstrate that the 
Birmingham Area will continue to attain the 2006 24-hour 
PM2.5 NAAQS through 2024. EPA's approval of the 
redesignation request is based on EPA's determination that the 
Birmingham Area meets the criteria for redesignation set forth in CAA, 
sections 107(d)(3)(E) and 175A, including EPA's determination that the 
Birmingham Area has attained the 2006 24-hour PM2.5 NAAQS. 
EPA's analyses of Alabama's redesignation request, emissions inventory, 
and maintenance plan are described in detail in the November 10, 2011, 
proposed rule (76 FR 70091).
    Consistent with the CAA, the maintenance plan that EPA is approving 
also includes 2024 NOX and PM2.5 MVEBs for the 
Birmingham Area. In this action, EPA is approving these NOx and 
PM2.5 MVEBs for the Birmingham Area for the purposes of 
transportation conformity. For required regional emissions analysis 
years that involve 2024 or beyond, the applicable budgets will be the 
new 2024 NOX and PM2.5 MVEBs.

III. Why is EPA taking these actions?

    EPA has determined that the Birmingham Area has attained the 2006 
24-hour PM2.5 NAAQS and has also determined that all other 
criteria for the redesignation of the Birmingham Area from 
nonattainment to attainment of the 2006 24-hour PM2.5 NAAQS 
have been met. See CAA section 107(d)(3)(E). One of those requirements 
is that the Birmingham Area has an approved plan demonstrating 
maintenance of the 2006 24-hour PM2.5 NAAQS. EPA is also 
taking final action to approve the maintenance plan for the Birmingham 
Area as meeting the requirements of sections 175A and 107(d)(3)(E) of 
the CAA. In addition, EPA is approving the new NOX and 
PM2.5 MVEBs for the year 2024 for the Birmingham Area as 
contained in Alabama's maintenance plan because these MVEBs are 
consistent with maintenance of the 2006 24-hour PM2.5 
standard in the Birmingham Area. Finally, EPA is approving the 
emissions inventory as meeting the requirements of section 172(c)(3) of 
the CAA. The detailed rationale for EPA's determinations and actions 
are set forth in the proposed rulemaking and in other discussion in 
this final rulemaking.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of the Birmingham Area from nonattainment

[[Page 5309]]

to attainment for the 2006 24-hour PM2.5 NAAQS. EPA is 
modifying the regulatory table in 40 CFR 81.301 to reflect a 
designation of attainment for these full and partial counties. EPA is 
also approving, as a revision to the Alabama SIP, Alabama's plan for 
maintaining the 2006 24-hour PM2.5 NAAQS in the Birmingham 
Area through 2024. The maintenance plan includes contingency measures 
to remedy possible future violations of the 2006 24-hour 
PM2.5 NAAQS and establishes NOX and 
PM2.5 MVEBs for the year 2024 for the Birmingham Area. 
Additionally, this action approves the emissions inventory for the 
Birmingham Area pursuant to section 172(c)(3) of the CAA.

V. Final Action

    EPA is taking final action to approve three separate but related 
actions, some of which involve multiple elements: (1) The redesignation 
of the Birmingham Area to attainment for the 2006 24-hour 
PM2.5 NAAQS; (2) under CAA section 175A, Alabama's 2006 24-
hour PM2.5 NAAQS maintenance plan, including the associated 
MVEBs; and (3) under CAA section 172(c)(3), the emissions inventory 
submitted with the maintenance plan for the Area. The 2006 24-hour 
PM2.5 maintenance plan for the Birmingham Area includes the 
new 2024 NOX and PM2.5 MVEBs of 48.41 tpd and 
1.21 tpd, respectively. Within 24 months from the effective date of 
EPA's adequacy determination, the transportation partners will need to 
demonstrate conformity to the new NOX and PM2.5 
MVEBs pursuant to 40 CFR 93.104(e).\2\
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    \2\ The adequacy finding becomes effective upon the date of 
publication of this notice in the Federal Register. 40 CFR 
93.118(f)(2)(iii).
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VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory action subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 March 26, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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

 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: January 9, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
    40 CFR parts 52 and 81 are 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.

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry for ``2006 24-hour 
PM2.5 Maintenance Plan for the Birmingham Area'' at the end 
of the table to read as follows:

[[Page 5310]]

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable       State submittal
   Name of non-regulatory SIP      geographic or non-   date/effective    EPA approval date       Explanation
            provision               attainment area          date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2006 24-hour PM2.5 Maintenance    Birmingham PM2.5              6/17/10  1/25/13 [Insert
 Plan for the Birmingham Area.     Nonattainment Area.                    citation of
                                                                          publication].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.301, the table entitled ``Alabama--PM2.5 (24-
hour NAAQS)'' is amended under ``Birmingham, AL'' by revising the 
entries for ``Jefferson County'', ``Shelby County'', and ``Walker 
County (part)'' to read as follows:


Sec.  81.301  Alabama.

* * * * *

                                         Alabama--PM2.5 (24-Hour NAAQS)
----------------------------------------------------------------------------------------------------------------
                                  Designation for the 1997 NAAQS \a\       Designation for the 2006 NAAQS \a\
        Designation area        --------------------------------------------------------------------------------
                                     Date \1\             Type              Date \2\               Type
----------------------------------------------------------------------------------------------------------------
Birmingham, AL:
    Jefferson County...........                    Unclassifiable/     This action is     Attainment.
                                                    Attainment.         effective 1/25/
                                                                        13.
    Shelby County..............                    Unclassifiable/     This action is     Attainment.
                                                    Attainment.         effective 1/25/
                                                                        13.
    Walker County (part). The                      Unclassifiable/     This action is     Attainment.
     area described by U.S.                         Attainment.         effective 1/25/
     Census 2000 block group                                            13.
     identifiers 01-127-0214-5,
     01-127-0215-4, and 01-127-
     0216-2.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * *
[FR Doc. 2013-01209 Filed 1-24-13; 8:45 am]
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