[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59633-59635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27539]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AL-050-9953(a); FRL-6461-8]
Approval and Promulgation of Implementation Plans: Revisions 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
April 22, 1999, by the State of Alabama. These revisions were made to
comply with the regulations set forth in the Clean Air Act (CAA).
Included in this document are revisions to Chapter 335-3-1--General
Provisions which establishes Credible Evidence regulations and Chapter
335-3-14--Air Permits which allows exemptions for projects which are
found to be beneficial to the environment.
DATES: This direct final rule is effective January 3, 2000 without
further notice, unless EPA receives adverse comment by December 3,
1999. 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: Kimberly Bingham at the
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta,
Georgia 30303.
Copies of the State submittal(s) 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: Kimberly Bingham of the EPA Region 4,
Air Planning Branch at (404) 562-9038 and at the above address.
SUPPLEMENTARY INFORMATION:
I. Analysis of State's Submittal
Listed below is a summary of the revisions to the Alabama State
implementation plan (SIP) on which EPA is taking action in this
document.
Chapter 335-3-1--General Provisions
Rule 335-3-1-.13--Credible Evidence
On February 24, 1997, EPA promulgated regulations under sections
113(a) and 113(e)(1) of the CAA that gave EPA the authority to use all
available data to prove CAA violations (See 62 FR 8314-8328). EPA
required states to incorporate provisions into their SIPs to ensure
that the states have the ability to use any available data or
``credible evidence'' to determine violations. To comply, the ADEM
submitted rule 335-3-1-.13 to EPA Region 4 for approval. This new rule
allows the use of any credible evidence that is both reference test
data and comparable non-reference test data. The data will be used to
prove or disprove violations of the State of Alabama's regulations in
enforcement actions.
Chapter 335-3-14--Air Permits Authorizing Construction in Clean Air
Areas [Prevention of Significant Deterioration Permitting (PSD)]
Rule 335-3-14.04(2)(ff)
ADEM is revising its PSD rules to allow an exemption for
modifications or projects that are proven to be beneficial to the
environment. These regulations would require that an ambient air
quality analysis be completed before the project can be approved. Class
1 areas must also not be affected by the new project. Moreover, the
public notification requirements of the PSD regulations would also have
to be met.
Rule 335-3-14.04(2)(gg)
The rule was revised to include a definition for Pollution
Prevention Projects that can also be exempted if proven to be
environmentally beneficial. ADEM defines Pollution Prevention Projects
as any activity that through process changes, product reformulation or
substitution of less polluting raw materials, eliminates or reduces the
release of air pollutants (including fugitive emissions) and other
pollutants to the environment prior to recycling, treatment, or
disposal. It does not mean recycling (other than certain ``in process
recycling'' practices), energy recovery, treatment, or disposal.
Rule 335-3-14-.04(8)(m)
This rule lists the PSD exemptions for projects that are
environmentally beneficial.
II. Final Action
EPA is approving the aforementioned changes to the State of
Alabama's SIP because they are 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 January 3, 2000
without further notice unless the Agency receives adverse comments by
December 3, 1999.
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
[[Page 59634]]
do so at this time. If no such comments are received, the public is
advised that this rule will be effective on January 3, 2000 and no
further action will be taken on the proposed rule.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation.
In addition, E.O. 12875 requires EPA to develop an effective
process permitting elected officials and other representatives of
state, local, and tribal governments ``to provide meaningful and timely
input in the development of regulatory proposals containing significant
unfunded mandates.'' Today's rule does not create a mandate on state,
local or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of E.O. 12875 do not apply to this rule.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),)
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 (52 FR 41685 (October 30, 1987)) on federalism
still applies. This rule will not have a substantial direct effect on
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 12612.
The rule affects only one State, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, E.O. 13084 requires EPA to develop an effective
process permitting elected and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.'' Today's rule does not significantly or uniquely
affect the communities of Indian tribal governments. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 59635]]
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 rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
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 January 3, 2000. 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: October 5, 1999.
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.
EPA Approved Alabama Regulations
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EPA
State citation Title subject Adoption approval Federal Register notice
date date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-1--General Provision
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-1-.13..................... Credible Evidence.......... 04/13/99 11/03/99 [Insert citation of publication]
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Chapter No. 335-3-14--Air Permits
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Section 335-3-14-.04(ff-gg)............. Air Permits Authorizing 04/13/99 11/03/99 [Insert citation of publication]
Construction in Clean Air
Areas [Prevention of
Significant Deterioration
(PSD)].
Section335-3-14-.04(8)(m)............... Air Permits Authorizing 04/13/99 11/03/99 [Insert citation of publication]
Construction in Clean Air
Areas [Prevention of
Significant Deterioration
(PSD)].
* * * * * * *
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Subpart B--Alabama
2. Section 52.50 is amended by revising the table heading and
adding three new entries in the table in paragraph (c) to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) EPA approved regulations.
* * * * *
[FR Doc. 99-27539 Filed 11-2-99; 8:45 am]
BILLING CODE 6560-50-P
