Approval and Promulgation of Implementation Plans: Revisions to Several Chapters of the Alabama Department of Environmental Management (ADEM) Administrative Code for the Air Pollution Control Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-047-1-9825a; FRL 6156-9]

Approval and Promulgation of Implementation Plans: Revisions to

Several Chapters of the Alabama Department of Environmental Management

(ADEM) Administrative Code for the Air Pollution Control Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Alabama Department of

Environmental Management's (ADEM) Administrative Code submitted on

March 5, 1998, by the State of Alabama. They made these revisions to

comply with the regulations set forth in the Clean Air Act (CAA).

Included are revisions to the definition of volatile organic compounds

(VOC), the capture efficiency regulations in Appendix F, and the

requirements for new source review.

DATES: This action is effective November 13, 1998, unless adverse or

critical comments are received by October 14, 1998. If EPA receives

such comments, it will publish a timely withdrawal in the Federal

Register informing the public that this rule will not take effect.

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), U.S.

Environmental Protection Agency, 401 M Street, SW, Washington DC 20460.

Environmental Protection Agency, Atlanta Federal Center, Region 4 Air

Planning Branch, Atlanta Federal Center, 61 Forsyth Street, SW,

Atlanta, Georgia 30303-3104.

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

Dickinson Drive, Montgomery, Alabama 36109.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning

Section, Air Planning Branch, Air, Pesticides and Toxics Management

Division, Region 4, Environmental Protection Agency, Atlanta Federal

Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303. The telephone

number is (404) 562-9038.

SUPPLEMENTARY INFORMATION:

I. Analysis of State Submittal

Chapter 335-3-1--General Provisions

The Alabama Department of Environmental Management (ADEM) submitted

the revisions to this chapter to add to the list of chemicals excluded

from the definition of VOC on the basis that these chemicals have been

determined to have negligible photochemical reactivity. The chemicals

listed below have a potential for use as refrigerants, aerosol

propellants, fire extinguishants, blowing agents and solvents.

(HFC-32) Difluoromethane;

(HFC-161) Ethylfluoride;

(HFC-236fa) 1,1,1,3,3,3-Hexafluoropropane;

(HFC-245ca) 1,1,2,2,3-Pentafluoropropane;

(HFC-245ea) 1,1,2,3,3-Pentafluoropropane;

(HFC-245eb) 1,1,1,2,3-Pentafluoropropane;

(HFC-245fa) 1,1,1,3,3-Pentafluoropropane;

(HFC-236ea) 1,1,1,2,3,3-Hexafluoropropane;

(HFC-365mfc) 1,1,1,3,3-Pentafluorobutane;

(HCFC-31) Chlorofluoromethane;

(HCFC-123a) 1,2-Dichloro-1,1,2-trifluoroethane;

(HCFC-151a) 1-Chloro-1-fluoroethane;

(C4F9OCH3) 1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane;

((CF3) 2CFCF2OCH3) 2-(Difluoromethoxymethyl)-

1,1,1,2,3,3,3-Heptafluoropropane;

(C4F9OC2H5) 1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane;

and ((CF3) 2CFCF2OC2H5) 2-(Ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane.

Periodically EPA updates the list of exempt chemicals after

extensive research has been conducted on the specified chemicals. For a

more detailed rationale on why these chemicals were found to have

negligible photochemical reactivity see the document published in the

Federal Register on August 25, 1997, (62 FR 44900).

Chapter 335-3-12--Continuous Monitoring Requirements for Existing

Sources

Rule 335-3-12-.02(1)(b) deletes the phrase ``of this Chapter'' and

replaces it with ``of Chapter 335-3-10.'' ADEM submitted this revision

to clarify and make the appropriate reference to Chapter 335-35-10.

Chapter 335-3-14--Air Permits

On August 30, 1993, EPA granted Alabama a waiver exempting new

source review offsets for NOX in the Birmingham ozone

nonattainment area under section 182(f) of the CAA. EPA determined at

the time that the area had clean air data that supported the exemption.

On August 18, 1995, violations of the ozone national ambient air

quality standard were detected. Subsequent exceedances of the ozone

NAAQS propelled EPA to rescind the NOX waiver effective

September 19, 1997. As a result, ADEM revised this chapter to include

NOX offsets for major new or modified stationary sources of

NOX. In addition, ADEM submitted minor wording changes. All

of the revisions that are being approved in this action are listed

below:

Rule 335-3-14-.01(7)(c) will include a reference to rule

``335-3-14-.06'';

Rule 335-3-14-.05(2)(c)2 now reads as follows,

``Furthermore, a major facility that is major for volatile organic

compounds and/or nitrogen oxides also shall be considered major for the

pollutant ozone'; and

Rule 335-3-14-.05(3)(c) changes the paragraph number (6)

to (7).

Appendix F--Capture Efficiency Procedures

ADEM submitted numerous revisions to Appendix F. ADEM amended the

capture efficiency procedures to adopt EPA's current rule.

II. Final Action

EPA is approving the aforementioned changes to the SIP. EPA is

publishing this rule without prior proposal because the Agency views

this as a noncontroversial amendment and anticipates no adverse

comments. However, in the proposed rules section of this Federal

Register publication, EPA is publishing a separate document that will

serve as the proposal to approve the SIP revision should relevant

adverse comments be filed. This rule will be effective November 13,

1998 without further notice unless the Agency receives relevant adverse

comments by October 14, 1998.

If the EPA receives such comments, then EPA will publish a timely

[[Page 49006]]

withdrawal of the direct final rule and inform the public that the rule

will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period. Only parties interested

in commenting should do so at this time. If no such comments are

received, the public is advised that this rule will be effective on

November 13, 1998, and no further action will be taken on the proposed

rule.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under Executive Order 12866, entitled

Regulatory Planning and Review.

B. Executive Order 13045

This final rule is not subject to Executive Order 13045, entitled

Protection of Children from Environmental Health Risks and Safety

Risks, because it is not an ``economically significant'' action under

Executive Order 12866.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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 create

any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

CAA, preparation of 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. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

D. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

E. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

F. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by November 13, 1998. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone.

Dated: August 24, 1998.

A. Stan Meiburg,

Acting Regional Administrator, Region 4.

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 et seq.

Subpart B--Alabama

2. Section 52.50 is amended by adding paragraph (c)(72) read as

follows:

Sec. 52.50 Identification of plan.

* * * * *

(c) * * *

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

Administrative Code for the Air Pollution Control Program on March 5,

1998. These revisions involve changes to Chapters 335-3-1, 335-3-12,

335-3-14 and Appendix F.

(i) Incorporation by reference. Rules 335-3-1-.02(gggg), 335-3-

12-.02(1)(b), 335-3-14-.01(7)(c), 335-3-14-.05(2)(c)2, 335-3-

14-.05(3)(c), and Appendix F were adopted on February 17, 1998.

(ii) Other material. None.

[FR Doc. 98-24605 Filed 9-11-98; 8:45 am]

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