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-045-1-9804a; FRL-5946-5]

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: On August 28, 1997, the State of Alabama through ADEM

submitted a State implementation plan (SIP) revision of the ADEM

Administrative Code for the Air Pollution Control Program. Revisions

were made to Chapters 335-3-1--General Provisions, 335-3-3--Control of

Open Burning and Incineration and 335-3-6--Control of Organic

Emissions. The Environmental Protection Agency (EPA) is approving these

revisions but is not taking action in this document on the revisions

made to chapters 335-3-10--Standards of Performance for New Stationary

Sources and 335-3-11--National Emissions Standards of Hazardous Air

Pollutants because they are not a part of the federally approved SIP

for Alabama.

DATES: This action will be effective March 9, 1998 unless adverse or

critical comments are received by February 6, 1998. 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), 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.

[[Page 675]]

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: On August 28, 1997, the State of Alabama

through ADEM submitted numerous changes to their Air Division

Administrative Code to be incorporated into their SIP. The changes

include revisions to the definition of volatile organic compounds (VOC)

in chapter 335-3-1, changes to the open burning rules in Chapter 335-3-

3 and a technical amendment to Chapter 335-3-6. The following is a

brief summary of the revisions made to the aforementioned Chapters.

Summary of Revisions

Chapter 335-3-1--General Provisions

ADEM is revising 335-3-1-.02(gggg) to add HFC 43-10mee and HCFC

225ca and cb to the list of compounds excluded from the definition of

volatile organic compounds (VOC) on the basis that these compounds have

been determined to have negligible photochemical reactivity. These

compounds are solvents which could be used in electronics and precision

cleaning. 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 October 8, 1996, (61 FR 52848),

which explains the EPA's decision to add HFC 43-10mee and HCFC 225ca

and cb to this list of excluded compounds.

Chapter 335-3-3--Control of Open Burning and Incineration

Rule 335-3-.01(9) was revised to incorporate regulations adopted by

the local air program of Jefferson County, Alabama. This revision will

prohibit open burning in Jefferson County, Alabama during the ozone

season months of June, July and August.

Chapter 335-3-6--Control of Organic Emissions

Rule 335-3-6(5) was deleted because it addresses testing and

monitoring procedures for perchloroethylene dry cleaning systems which

are no longer needed because perchloroethylene was exempted from the

list of VOCs by EPA on the basis that this compound has been determined

to have negligible photochemical reactivity (See 61 FR 4590, February

7, 1996).

Final Action

The EPA is approving the aforementioned revisions because they meet

the Agency requirements. This action is being published 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 March 9, 1998 unless, adverse or critical comments

are received by February 6, 1998.

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 March 9, 1998.

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 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.

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

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

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by March 9, 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

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enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Ozone.

Dated: December 5, 1997.

A. Stan Meiburg,

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 et seq.

Subpart B--Alabama

2. Section 52.50 is amended by adding paragraph (c)(71) to read as

follows:

Sec. 52.50 Identification of plan.

* * * * *

(c)* * *

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

Administrative Code for the Air Pollution Control Program on October

30, 1996. These revisions involve changes to Chapters 335-3-1, 335-3-3

and 335-3-6.

(i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(24-27),

335-3-3-.01(9) and 335-3-6-.16 except for (5) were adopted on August

19, 1997.

(ii) Other material. None.

[FR Doc. 98-357 Filed 1-6-98; 8:45 am]

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