99-13944. Approval and Promulgation of Implementation Plans; Alabama  

  • [Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
    [Rules and Regulations]
    [Pages 29958-29961]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-13944]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [AL-40-2-9909a; FRL-6352-5]
    
    
    Approval and Promulgation of Implementation Plans; Alabama
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
    revision for the State of Alabama. This revision consists of the 1990 
    base year ozone emission inventory for the Birmingham marginal ozone 
    nonattainment area. The inventory was submitted to satisfy a Clean Air 
    Act (CAA) requirement that states containing ozone nonattainment areas 
    submit inventories of actual ozone precursor emissions in accordance 
    with guidance from the EPA.
    
    DATES: This direct final rule is effective August 3, 1999 without 
    further notice, unless EPA receives adverse comment by July 6, 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 Joey LeVasseur at the 
    EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
    Georgia 30303.
        Copies of the state submittal are available at the following 
    addresses for inspection during normal business hours: The interested 
    persons wanting to examine these documents should make an appointment 
    with the appropriate office at least 24 hours before the visiting day. 
    Reference file AL-40-2-9909. The Region 4 office may have additional 
    background documents not available at the other locations.
    
    Environmental Protection Agency, Atlanta Federal Center, Region 4 Air 
    Planning Branch, 61 Forsyth Street SW, Atlanta, Georgia 30303-3104.
    
    [[Page 29959]]
    
    Alabama Department of Environmental Management, 1751 Congressman W. L. 
    Dickinson Drive, Montgomery, Alabama 36109.
    
    FOR FURTHER INFORMATION CONTACT: Joey LeVasseur at 404/562-9035 or E-
    mail (levasseur.joey@epa.gov).
    
    SUPPLEMENTARY INFORMATION: Alabama submitted its 1990 base year 
    emission inventory of ozone precursors to the EPA on November 13, 1992.
    
    I. Background Information
    
        Under the CAA as amended in 1990, states have the responsibility to 
    inventory emissions contributing to nonattainment of a National Ambient 
    Air Quality Standard (NAAQS), to track these emissions over time, and 
    to ensure that control strategies are being implemented that reduce 
    emissions and move areas towards attainment. The 1990 base year 
    emissions inventory is the primary inventory from which the periodic 
    inventory, the Reasonable Further Progress (RFP) projection inventory, 
    and the modeling inventory are derived. Further information on these 
    inventories and their purpose can be found in the ``Emission Inventory 
    Requirements for Ozone State Implementation Plans,'' U.S. Environmental 
    Protection Agency, Office of Air Quality Planning and Standards, 
    Research Triangle Park, North Carolina, March 1991. The base year 
    inventory may also serve as part of statewide inventories for purposes 
    of regional modeling in transport areas. The base year inventory plays 
    an important role in modeling demonstrations for nonattainment areas. 
    The air quality planning requirements for marginal to extreme ozone 
    nonattainment areas are set out in section 182(a)-(e) of title I of the 
    1990 amendments to the CAA (title I). The EPA has issued a General 
    Preamble describing the EPA's preliminary views on how the Agency 
    intends to review SIP revisions submitted under title I, including 
    requirements for the preparation of the 1990 base year inventory (see 
    57 FR 13502 (April 16, 1992) and 57 FR 18070 (April 28, 1992)). In this 
    action, EPA will rely on the General Preamble's interpretation of the 
    CAA, and the reader should refer to the General Preamble for a more 
    detailed discussion of the interpretations of title I advanced in 
    today's rule and the supporting rationale.
        Those states containing ozone nonattainment areas classified as 
    marginal to extreme are required under section 182(a)(1) of the CAA to 
    submit a final, comprehensive, accurate, and current inventory of 
    actual ozone season, weekday emissions from all sources within 2 years 
    of enactment (November 15, 1992). This inventory is for calendar year 
    1990 and is denoted as the base year inventory. It includes both 
    anthropogenic and biogenic sources of volatile organic compounds (VOC), 
    nitrogen oxides (NOX), and carbon monoxide (CO). The 
    inventory is to address actual VOC, NOX, and CO emissions 
    for the area during the ozone season, which is generally comprised of 
    the summer months. All stationary point and area sources, as well as 
    mobile sources within the nonattainment area, are to be included in the 
    compilation. Guidance for preparing emission inventories is provided in 
    the General Preamble (57 FR 13498 (April 16, 1992)).
    
    II. Analysis of State Submission
    
    A. Procedural Background
    
        The CAA requires states to observe certain procedural requirements 
    in developing emission inventory submissions to the EPA. Section 
    110(a)(2) of the CAA provides that each emission inventory submitted by 
    a state must be adopted after reasonable notice and public hearing. 
    Also section 172(c)(7) of the CAA requires that plan provisions for 
    nonattainment areas meet the applicable provisions of section 
    110(a)(2).
        On November 13, 1992, the State of Alabama submitted to the EPA as 
    a SIP revision the 1990 base year inventory for the Birmingham marginal 
    ozone nonattainment area.
    
    B. Emission Inventory Review
    
        Section 110(k) of the CAA sets out provisions governing the EPA's 
    review of base year emission inventory submittals in order to determine 
    approval or disapproval under section 182(a)(1) (see 57 FR 13565-13566 
    (April 16, 1992)). This section outlines the review procedures 
    performed to determine if the base year emission inventories are 
    acceptable. For a base year emission inventory to be acceptable it must 
    pass all of the following acceptance criteria.
        1. The state provided an approved Inventory Preparation Plan (IPP) 
    and performed the Quality Assurance program contained in the IPP and 
    documented its implementation.
        2. The state provided adequate documentation that enabled the 
    reviewer to determine the emission estimation procedures and the data 
    sources used to develop the inventory.
        3. The point source inventory must be complete.
        4. The state must have prepared or calculated the point source 
    emissions according to the current EPA guidance.
        5. The area source inventory must be complete.
        6. The state must have prepared or calculated the area source 
    emissions according to the current EPA guidance.
        7. The state must have prepared the biogenic emissions according to 
    the current EPA guidance or another approved technique.
        8. The method (e.g., Highway Performance Modeling System or a 
    network transportation planning model) used to develop vehicle miles 
    traveled (VMT) estimates must follow EPA guidance, which is detailed in 
    the document, ``Procedures for Emission Inventory Preparation, Volume 
    IV: Mobile Sources,'' U.S. Environmental Protection Agency, Office of 
    Mobile Sources and Office of Air Quality Planning and Standards, Ann 
    Arbor, Michigan, and Research Triangle Park, North Carolina, December 
    1992.
        9. The state correctly used The MOBILE model to produce emission 
    factors for each of the vehicle classes.
        10. The state prepared the Non-road mobile emissions according to 
    current EPA guidance for all of the source categories.
        The emission inventory prepared by Alabama meets the ten criteria. 
    Documentation of the EPA's evaluation, including details of the review 
    procedure, is contained within the technical support document prepared 
    for the Alabama 1990 base year inventory, which is available to the 
    public as part of the docket supporting this action.
        Alabama has submitted a complete inventory containing point, area, 
    mobile and biogenic source data, and accompanying documentation. 
    Emissions from these sources are presented in the following table.
    
                       Emission Inventory Summary for 1990
                                 [Tons per day]
    ------------------------------------------------------------------------
                                                VOC        NOX         CO
    ------------------------------------------------------------------------
    Point..................................      61.83     408.98     179.87
    Area...................................      59.18      54.38      42.57
    Mobile.................................      94.23      60.34     585.11
    Biogenic...............................     200.29         NA         NA
                                            --------------------------------
        Total..............................     415.53     523.70     807.55
    ------------------------------------------------------------------------
    
        Alabama has satisfied all of the EPA's requirements for providing a 
    comprehensive, accurate, and current inventory of actual ozone 
    precursor emissions in the Birmingham marginal ozone nonattainment 
    area. The
    
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    inventory is complete and approvable according to the criteria set out 
    in the November 12, 1992, memorandum from J. David Mobley, Chief 
    Emission Inventory Branch, TSD to G.T. Helms, Chief Ozone Carbon 
    Monoxide Programs Branch, AQMD. In today's final action, the EPA is 
    approving the SIP 1990 base year ozone emission inventory submitted by 
    the State for the Birmingham area as meeting the requirements of 
    section 182(a)(1) of the CAA.
    
    Final Action
    
        EPA is approving the aforementioned emissions inventory into the 
    Alabama SIP. 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 August 3, 
    1999 without further notice unless the Agency receives adverse comments 
    by July 6, 1999.
        If the EPA receives such comments, 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 August 3, 1999 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 Order 12875
    
        Under Executive Order 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, or EPA consults with those governments. If EPA complies by 
    consulting, Executive Order 12875 requires EPA to 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 any written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 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.
    
    C. Executive Order 13084
    
        Under Executive Order 13084, EPA may not issue a regulation that is 
    not required by statute, that significantly 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, or EPA consults with those 
    governments. If EPA complies by consulting, Executive Order 13084 
    requires EPA to 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, Executive Order 13084 requires EPA to develop 
    an effective process permitting elected officials 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 Executive Order 13084 do not apply to this rule.
    
    D. 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.
    
    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 CAA 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 
    CAA, 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
    
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    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 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. This rule is not a 
    ``major'' rule as defined by 5 U.S.C. 804(2).
    
    H. 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 August 3, 1999. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
    requirements.
    
        Dated: March 30, 1999.
    A. Stanley Meiburg,
    Acting Regional Administrator, Region 4.
    
        40 CFR part 52 is amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7641q.
    
    Subpart B--Alabama
    
        2. Section 52.50 is amended by revising the word ``Delaware'' in 
    paragraph (a) to read ``Alabama'' and by adding a new paragraph (e) to 
    read as follows:
    
    
    Sec. 52.50  Identification of plan.
    
    * * * * *
        (e) EPA-approved Alabama non-regulatory provisions.
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
               Provision                  State effective date            EPA approval date               Federal Register notice              Comments
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Birmingham 1990 Baseline         November 13, 1992............  June 4, 1999.................  [Insert cite of publication].
     Emissions Inventory.
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 99-13944 Filed 6-3-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
8/3/1999
Published:
06/04/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-13944
Dates:
This direct final rule is effective August 3, 1999 without further notice, unless EPA receives adverse comment by July 6, 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.
Pages:
29958-29961 (4 pages)
Docket Numbers:
AL-40-2-9909a, FRL-6352-5
PDF File:
99-13944.pdf
CFR: (1)
40 CFR 52.50