Clean Air Act Approval and Promulgation of Emission Statement Implementation Plan for Alabama

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]

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