94-18953. Clean Air Act Approval and Promulgation of Emission Statement Implementation Plan for Alabama  

  • [Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-18953]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 4, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [AL-37-2-5926a; FRL-5009-7]
    
     
    
    Clean Air Act Approval and Promulgation of Emission Statement 
    Implementation Plan for Alabama
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
    submitted by the State of Alabama through the Alabama Department of 
    Environmental Management (ADEM) for the purpose of implementing an 
    emission statement program for stationary sources within the Alabama 
    portions of the Birmingham ozone nonattainment area. The SIP was 
    submitted by the State to satisfy the federal requirements for an 
    emission statement program as part of the SIP for Alabama.
    
    EFFECTIVE DATE: This action will be effective October 3, 1994, unless 
    someone submits adverse or critical comments by September 6, 1994. If 
    the effective date is delayed, timely notice will be published in the 
    Federal Register.
    ADDRESSES: Written comments should be addressed to:
    
    Joey LeVasseur, Regulatory Planning and Development Section, Air 
    Programs Branch, Air, Pesticides & Toxics Management Division, 
    Region IV Environmental Protection Agency, 345 Courtland Street, NE, 
    Atlanta, Georgia 30365
    
        Copies of the material submitted by the State of Alabama may be 
    examined during normal business hours at the following locations:
    
    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 IV Air Programs Branch, 345 
    Courtland Street NE., Atlanta, Georgia 30365
    Alabama Department of Environmental Management, Office of General 
    Counsel, 1751 Cong. W.L. Dickinson Drive, Montgomery, Alabama 36130.
    
    FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning 
    and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
    Management Division, Region IV Environmental Protection Agency, 345 
    Courtland Street, NE, Atlanta, Georgia 30365 The telephone number is 
    404/347-2864.
    
    SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the State of 
    Alabama on November 13, 1992, to satisfy the requirements of section 
    182(a)(3)(B) of the Clean Air Act Amendments of 1990 (CAA) (November 
    15, 1990). The SIP revision was reviewed by EPA to determine 
    completeness shortly after its submittal, in accordance with the 
    completeness criteria set out at 40 CFR part 51, Appendix V (1991), as 
    amended by 57 FR 42216 (August 26, 1991). The submittal was found to be 
    complete and a letter dated December 24, 1992, was sent to Mr. Richard 
    Grusnick, Chief of the Air Division in the Alabama Department of 
    Environmental Management indicating the submittal was administratively 
    complete.
        There are several key general and specific components of an 
    acceptable emission statement program. Specifically, the state must 
    submit a revision to its SIP and the emission statement program must 
    meet the minimum requirements for reporting. In general, the program 
    must include, at a minimum, provisions for applicability, definitions, 
    compliance, and specific source requirements detailed below.
        A. SIP Revision Submission. The State of Alabama submitted their 
    emission statement regulation on November 13, 1992, which meets the 
    emission statement requirement.
        B. Program Elements. The State emission statement program must, at 
    a minimum, include provisions covering applicability of the 
    regulations, a compliance schedule for sources covered by the 
    regulations, and the specific reporting requirements for sources. The 
    emission statement submitted by the source should contain, at a 
    minimum, a certification that the information is accurate to the best 
    knowledge of the individual certifying the statement. These 
    requirements can be found in subpart D on page 2, of section 2, of 
    chapter 11, in the Alabama SIP.
        C. Applicability. Section 182(a)(3)(B) requires that states with 
    areas designated as nonattainment for ozone, require emission statement 
    data from sources of volatile organic compounds (VOC) or oxides of 
    nitrogen (NOX) in the nonattainment areas. This requirement 
    applies to all ozone nonattainment areas, regardless of the 
    classification (Marginal, Moderate, etc.).
        The states may waive, with EPA approval, the requirement for 
    emission statements for classes or categories of sources with less than 
    25 tons per year of actual plant-wide NOX or VOC emissions in 
    nonattainment areas if the class or category is included in the base 
    year and periodic inventories and emissions are calculated using 
    emission factors established by EPA (such as those found in EPA 
    publication AP-42) or other methods acceptable to EPA. The Alabama 
    submittal waives the emission statement requirement for sources with 
    less than 25 tons per year combined of actual plant-wide NOX and 
    VOC emissions and has included calculations of these emissions in their 
    1990 Base Year Emissions Inventory.
    
    Final Action
    
        In this action, EPA is approving the Emission Statement SIP 
    revision submitted by the State of Alabama through the ADEM. This 
    action is being taken without prior proposal because the changes are 
    noncontroversial and EPA anticipates no significant comments on them. 
    The public should be advised that this action will be effective October 
    3, 1994. However, if adverse or critical comments are received by 
    September 6, 1994, this action will be withdrawn and all public 
    comments received will be addressed in a subsequent final rule based on 
    the proposed rule (please see the proposed rule published, 
    simultaneously, in the proposal section of this Federal Register.)
        Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions 
    for judicial review of this action must be filed in the United States 
    Court of Appeals for the appropriate circuit by (60 days from date of 
    publication). Filing a petition for reconsideration by the 
    Administrator of this final rule does not affect the finality of this 
    rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2)].
        This action has been classified as a Table 2 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
    memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
    and Radiation. A future document will inform the general public of 
    these tables. On January 6, 1989, the Office of Management and Budget 
    (OMB) waived Table 2 and 3 SIP revisions from the requirements of 
    section 3 of Executive Order 12291 for 2 years. The EPA has submitted a 
    request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
    The OMB has agreed to continue the waiver until such time as it rules 
    on EPA's request. This request continues in effect under Executive 
    Order 12866 which superseded Executive Order 12291 on September 30, 
    1993.
        Nothing in this action shall be construed as permitting or allowing 
    or establishing a precedent for any future request for a revision to 
    any SIP. Each request for revision to the SIP shall be considered 
    separately in light of specific technical, economic, and environmental 
    factors and in relation to relevant statutory and regulatory 
    requirements.
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
    Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        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 impose any new requirements, I certify that it does 
    not have a significant impact on small entities. Moreover, due to the 
    nature of the federal-state relationship under the CAA, preparation of 
    a regulatory flexibility analysis would constitute federal inquiry into 
    the economic reasonableness of state action. The CAA forbids EPA to 
    base its actions concerning SIPs on such grounds. Union Electric Co. v. 
    U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 
    7410(a)(2).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Emission statements, Hydrocarbons, 
    Intergovernmental relations, Nitrogen dioxide, Reporting and 
    recordkeeping requirements, SIP requirements, Volatile organic 
    compounds.
    
        Dated: June 29, 1994.
    Joe R. Franzmathes,
    Regional Administrator.
    
        Part 52 of 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. 7401-7671(q).
    
    Subpart B--Alabama
    
        2. Section 52.50, is amended by adding paragraph (c)(65) to read as 
    follows:
    
    
    Sec. 52.50  Identification of plan.
    
    * * * * *
        (c) * * *
        (65) Revisions to the State of Alabama State Implementation Plan 
    (SIP) concerning emission statements were submitted on November 13, 
    1992, by the Alabama Department of Environmental Management.
        (i) Incorporation by reference. The Addition of Section 11.2 of the 
    Alabama Regulations was effective on November 13, 1992.
        (ii) Other material. Letter dated November 13, 1992, from the 
    Alabama Department of Environmental Management.
    [FR Doc. 94-18953 Filed 8-3-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
10/3/1994
Published:
08/04/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-18953
Dates:
This action will be effective October 3, 1994, unless someone submits adverse or critical comments by September 6, 1994. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 4, 1994, AL-37-2-5926a, FRL-5009-7
CFR: (1)
40 CFR 52.50