[Federal Register: April 24, 2003 (Volume 68, Number 79)]
[Rules and Regulations]
[Page 20075-20077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap03-4]
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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
lakeman.sean@epa.gov.
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:
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a. Adding in numerical order a new entry in Chapter No. 335-3-1 General
Provisions for ``Section 335-3-1-.15''; and
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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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