# Approval and Promulgation of Implementation Plans Alabama: Approval of Revisions to Construction and Operation Permit Regulations for Synthetic Minor Sources > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-25938 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** October 20, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-F --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-25938. Public record. Not legal advice.