Approval and Promulgation of Implementation Plans Alabama: Approval of Revisions to Construction and Operation Permit Regulations for Synthetic Minor Sources

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-39-1-6435a; FRL-5089-7]

Approval and Promulgation of Implementation Plans Alabama:

Approval of Revisions to Construction and Operation Permit Regulations

for Synthetic Minor Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Alabama State Implementation

Plan (SIP) to incorporate rules for the permitting of minor sources. On

December 20, 1993, the State of Alabama through the Alabama Department

of Environmental Management (ADEM) submitted a SIP revision fulfilling

the requirements necessary to make the State's minor source operating

permit program federally enforceable. The submittal conforms with the

requirements necessary for a state's minor source operating permit

program to become federally enforceable.

DATES: This final rule will be effective December 19, 1994 unless

adverse or critical comments are received by November 21, 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, at

the EPA Regional Office listed below. Copies of the documents relative

to this action are available for public inspection during normal

business hours at the following locations. The interested persons

wanting to examine these documents should make an appointment with the

appropriate office at least 24 hours before the visiting day.

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, 1751 Congressman

W.L. Dickinson Drive, Montgomery, Alabama 36109.

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

404/347-3555 ext. 4215. Reference file AL39-1-6435.

SUPPLEMENTARY INFORMATION: On December 20, 1993, the State of Alabama

through the ADEM submitted a SIP revision designed to make Alabama's

minor source operating permit program federally enforceable pursuant to

EPA requirements as specified in a Federal Register document,

``Requirements for the preparation, adoption, and submittal of

implementation plans; air quality, new source review; final rules,''

(see 54 FR 22274, June 28, 1989). This voluntary SIP revision allows

EPA to enforce terms and conditions of State-issued minor source

operating permits. In addition, operating permits that are issued under

a state's minor source operating permit program that is approved into

their SIP may provide federally enforceable limits to an air pollution

source's potential to emit. Limiting of a source's potential to emit

through federally enforceable operating permits can affect a source's

applicability to Federal regulations such as title V operating permits,

New Source Review (NSR) preconstruction permits, Prevention of

Significant Deterioration (PSD) preconstruction permits for criteria

pollutants and Federal air toxics requirements mandated under section

112 of the Clean Air Act as amended in 1990 (CAA) for air toxics which

are also Volatile Organic Compounds (VOCs). Any existing source may

limit its potential to emit, for purposes of avoiding title V

requirements, up to one year after the effective date of the Alabama

title V program. If, by that date, the source has not obtained a

federally enforceable permit limiting its potential to emit under the

applicability thresholds of title V, the source will need to submit a

title V permit application. Otherwise, if it is later discovered that

the source does not qualify for a minor source operating permit, the

source may be subject to enforcement actions for failure to submit a

title V permit application.

However, for limiting the potential to emit air toxics, which are

not also VOC and PM10, it is necessary for the State to make a

submittal under 40 CFR part 63, subpart E Approval of State Programs

and Delegation of Federal Authorities. For other mechanisms that may be

used to limit an air pollution source's potential to emit, see the

guidance document entitled ``Limitation of Potential to Emit with

Respect to title V Applicability Thresholds'' dated September 18, 1992,

from John Calcagni, Director of EPA's Air Quality Management Division,

to William A. Spratlin, Director of EPA Region VII's Air and Toxics

Division and the guidance document entitled, ``Approaches to Creating

federally-Enforceable Emissions Limits'' dated November 3, 1993, from

John S. Seitz, Director of EPA's Office of Air Quality and Planning

Standards (OAQPS), to the Air Division Directors for Regions 1-10.

In the aforementioned June 28, 1989, Federal Register document, EPA

listed five criteria necessary to make a state's minor source operating

permit program federally enforceable and, therefore, approvable into

the SIP. Prior to this submittal, Alabama's federally approved SIP, met

four of the five criteria. This revision satisfies the remaining

criteria for Federal enforceability.

Alabama agrees, as part of its program, to provide EPA and the

public with timely notice of the proposal and issuance of such permits,

and to provide EPA, on a timely basis, with a copy of each proposed (or

draft) and final permit intended to be federally enforceable. This

process also provides for an opportunity for public comment on the

permit applications prior to issuance of the final permit.

With the addition of these provisions, Alabama's minor source

operating permit program satisfies all the requirements listed in the

June 28, 1989, final rule. Therefore, EPA is approving this revision to

the State of Alabama's SIP making the State's minor source operating

permit program federally enforceable.

Final Action

In this action, EPA is approving the Alabama minor operating permit

program. The EPA is publishing this action without prior proposal

because the EPA views this as a noncontroversial amendment and

anticipates no adverse comments. However, in a separate document in

this Federal Register publication, the EPA is proposing to approve the

SIP revision should adverse or critical comments be filed. This action

will be effective December 19, 1994 unless, by November 21, 1994,

adverse or critical comments are received. If the EPA receives such

comments, this action will be withdrawn before the effective date by

publishing a subsequent document that will withdraw the final action.

All public comments received will then be addressed in a subsequent

final rule based on this action serving as a proposed rule. The EPA

will not institute a second comment period on this action. Any parties

interested in commenting on this action should do so at this time. If

no such comments are received, the public is advised that this action

will be effective December 19, 1994.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Amendments

enacted on November 15, 1990. The EPA has determined that this action

conforms with those requirements irrespective of the fact that the

submittal preceded the date of enactment.

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 December

19, 1994. 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)).

The OMB has exempted these actions from review under Executive

Order 12866.

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 any small entities affected. 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. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone, Sulfur

oxides.

Dated: September 23, 1994.

Patrick M. Tobin,

Acting 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. 7401-7671q.

Subpart B--Alabama

2. Section 52.50 is amended by adding paragraph (c)(64) to read as

follows:

Sec. 52.50 Identification of plan.

* * * * *

(c) * * *

(64) Revisions to provide synthetic minor operating permit rules

submitted by the Alabama Department of Environmental Management on

December 20, 1993.

(i) Incorporation by reference.

(A) Alabama Department of Environmental Management Air Division

Administrative Code, Chapter 335-3-4-.10, -11, -14, -15, and Appendix

D, adopted November 23, 1993.

(ii) Other material. None.

* * * * *

[FR Doc. 94-25938 Filed 10-19-94; 8:45 am]

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