Approval and Promulgation of Implementation Plans Alabama: Revision to the Alabama Department of Environmental Management Administrative Code for the Air Pollution Control Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-042-1-9614a, AL-043-9613a; FRL-5426-9]

Approval and Promulgation of Implementation Plans Alabama:

Revision to the Alabama Department of Environmental Management

Administrative Code for the Air Pollution Control Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 30, 1995, and December 14, 1995, the State of

Alabama through the Department of Environmental Management (ADEM)

submitted a revision to the State Implementation Plan (SIP) to amend

the ADEM Administrative Code for the Air Pollution Control Program. The

purpose of this submittal is to revise the definition of Volatile

Organic Compound (VOC) in Chapter 335-3-1--General Provisions--Section

335-3-1-.02 (gggg), to ensure that the state regulation is consistent

with the Federal rule.

DATES: This action is effective May 20, 1996 unless adverse or critical

comments are received by April 18, 1996. If the effective date is

delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region

4 address listed below. Copies of the material submitted by ADEM may be

examined during normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102),

[[Page 11138]]

U.S. Environmental Protection Agency, 401 M Street SW., Washington DC

20460.

Environmental Protection Agency, Region 4 Air Programs Branch, 345

Courtland Street, Atlanta, Georgia 30365.

Alabama Department of Environmental Management, 1751 Congressman W.L.

Dickinson Drive, Montgomery, Alabama 36109.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning

and Development Section, Air Programs Branch, Air Pesticides and Toxics

Management Division, Region 4, Environmental Protection Agency, 345

Courtland Street NE., Atlanta, Georgia 30365. The telephone number is

(404) 347-3555 ext. 4195.

SUPPLEMENTARY INFORMATION: On October 30, 1995 and December 14, 1995,

the State of Alabama through the ADEM submitted revisions to the

Alabama SIP. Chapter 335-3-1--General Provisions, Section 335-3-1-.02,

was amended to exempt compounds from the definition of VOC on the basis

that these compounds have been determined to have negligible

photochemical reactivity. These revisions include the addition of new

compounds and changes to the names of existing exempt compounds.

Also included with the submittal were revisions to Chapter 335-3-11

National Emission Standards for Hazardous Air Pollutants (NESHAP),

Appendix C, and Chapter 335-3-18 Acid Rain Program--Permits Regulation.

EPA is not taking action on these revisions in this notice because they

are federally enforceable through 40 CFR Part 63 and Part 72,

respectively.

Final Action

The EPA is approving the revisions to the VOC definition and is

publishing this action without prior proposal because the Agency 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

May 20, 1996 unless, by April 18, 1996, 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 the proposed rule

published with this action. 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 May 20, 1996.

Under section 307(b)(1) of the Clean Air Act (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

May 20, 1996. 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 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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) and 7410(k)(3).

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.

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 110 of the CAA.

These rules may bind State, local and tribal governments to perform

certain actions and also require the private sector to perform certain

duties. EPA has examined whether the rules being approved by this

action would impose no new requirements, since such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action, and therefore there will be no

significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Ozone.

Dated: February 6, 1996.

Phyllis P. Harris,

Acting Regional Administrator.

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)(69) to read as

follows:

Sec. 52.50 Identification of plan.

* * * * *

(c) * * *

[[Page 11139]]

(69) The State of Alabama submitted revisions to the ADEM

Administrative Code for the Air Pollution Control Program on October

30, 1995, and December 14, 1995. These revisions involve changes to

Chapter 335-3-1--General Provisions.

(i) Incorporation by reference. Section 335-3-1-.02 (gggg) of the

Alabama regulations adopted on November 28, 1995.

(ii) Other material. None.

[FR Doc. 96-6009 Filed 3-18-96; 8:45 am]

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