Approval and Promulgation of Implementation Plans; Alabama

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-40-2-9909a; FRL-6352-5]

Approval and Promulgation of Implementation Plans; Alabama

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP)

revision for the State of Alabama. This revision consists of the 1990

base year ozone emission inventory for the Birmingham marginal ozone

nonattainment area. The inventory was submitted to satisfy a Clean Air

Act (CAA) requirement that states containing ozone nonattainment areas

submit inventories of actual ozone precursor emissions in accordance

with guidance from the EPA.

DATES: This direct final rule is effective August 3, 1999 without

further notice, unless EPA receives adverse comment by July 6, 1999. If

adverse comment is received, EPA will publish a timely withdrawal of

the direct final rule in the Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: All comments should be addressed to Joey LeVasseur at the

EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta,

Georgia 30303.

Copies of the state submittal are available at the following

addresses for inspection during normal business hours: The interested

persons wanting to examine these documents should make an appointment

with the appropriate office at least 24 hours before the visiting day.

Reference file AL-40-2-9909. The Region 4 office may have additional

background documents not available at the other locations.

Environmental Protection Agency, Atlanta Federal Center, Region 4 Air

Planning Branch, 61 Forsyth Street SW, Atlanta, Georgia 30303-3104.

[[Page 29959]]

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

Dickinson Drive, Montgomery, Alabama 36109.

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur at 404/562-9035 or E-

mail ([email protected]).

SUPPLEMENTARY INFORMATION: Alabama submitted its 1990 base year

emission inventory of ozone precursors to the EPA on November 13, 1992.

I. Background Information

Under the CAA as amended in 1990, states have the responsibility to

inventory emissions contributing to nonattainment of a National Ambient

Air Quality Standard (NAAQS), to track these emissions over time, and

to ensure that control strategies are being implemented that reduce

emissions and move areas towards attainment. The 1990 base year

emissions inventory is the primary inventory from which the periodic

inventory, the Reasonable Further Progress (RFP) projection inventory,

and the modeling inventory are derived. Further information on these

inventories and their purpose can be found in the ``Emission Inventory

Requirements for Ozone State Implementation Plans,'' U.S. Environmental

Protection Agency, Office of Air Quality Planning and Standards,

Research Triangle Park, North Carolina, March 1991. The base year

inventory may also serve as part of statewide inventories for purposes

of regional modeling in transport areas. The base year inventory plays

an important role in modeling demonstrations for nonattainment areas.

The air quality planning requirements for marginal to extreme ozone

nonattainment areas are set out in section 182(a)-(e) of title I of the

1990 amendments to the CAA (title I). The EPA has issued a General

Preamble describing the EPA's preliminary views on how the Agency

intends to review SIP revisions submitted under title I, including

requirements for the preparation of the 1990 base year inventory (see

57 FR 13502 (April 16, 1992) and 57 FR 18070 (April 28, 1992)). In this

action, EPA will rely on the General Preamble's interpretation of the

CAA, and the reader should refer to the General Preamble for a more

detailed discussion of the interpretations of title I advanced in

today's rule and the supporting rationale.

Those states containing ozone nonattainment areas classified as

marginal to extreme are required under section 182(a)(1) of the CAA to

submit a final, comprehensive, accurate, and current inventory of

actual ozone season, weekday emissions from all sources within 2 years

of enactment (November 15, 1992). This inventory is for calendar year

1990 and is denoted as the base year inventory. It includes both

anthropogenic and biogenic sources of volatile organic compounds (VOC),

nitrogen oxides (NOX), and carbon monoxide (CO). The

inventory is to address actual VOC, NOX, and CO emissions

for the area during the ozone season, which is generally comprised of

the summer months. All stationary point and area sources, as well as

mobile sources within the nonattainment area, are to be included in the

compilation. Guidance for preparing emission inventories is provided in

the General Preamble (57 FR 13498 (April 16, 1992)).

II. Analysis of State Submission

A. Procedural Background

The CAA requires states to observe certain procedural requirements

in developing emission inventory submissions to the EPA. Section

110(a)(2) of the CAA provides that each emission inventory submitted by

a state must be adopted after reasonable notice and public hearing.

Also section 172(c)(7) of the CAA requires that plan provisions for

nonattainment areas meet the applicable provisions of section

110(a)(2).

On November 13, 1992, the State of Alabama submitted to the EPA as

a SIP revision the 1990 base year inventory for the Birmingham marginal

ozone nonattainment area.

B. Emission Inventory Review

Section 110(k) of the CAA sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 182(a)(1) (see 57 FR 13565-13566

(April 16, 1992)). This section outlines the review procedures

performed to determine if the base year emission inventories are

acceptable. For a base year emission inventory to be acceptable it must

pass all of the following acceptance criteria.

1. The state provided an approved Inventory Preparation Plan (IPP)

and performed the Quality Assurance program contained in the IPP and

documented its implementation.

2. The state provided adequate documentation that enabled the

reviewer to determine the emission estimation procedures and the data

sources used to develop the inventory.

3. The point source inventory must be complete.

4. The state must have prepared or calculated the point source

emissions according to the current EPA guidance.

5. The area source inventory must be complete.

6. The state must have prepared or calculated the area source

emissions according to the current EPA guidance.

7. The state must have prepared the biogenic emissions according to

the current EPA guidance or another approved technique.

8. The method (e.g., Highway Performance Modeling System or a

network transportation planning model) used to develop vehicle miles

traveled (VMT) estimates must follow EPA guidance, which is detailed in

the document, ``Procedures for Emission Inventory Preparation, Volume

IV: Mobile Sources,'' U.S. Environmental Protection Agency, Office of

Mobile Sources and Office of Air Quality Planning and Standards, Ann

Arbor, Michigan, and Research Triangle Park, North Carolina, December

1992.

9. The state correctly used The MOBILE model to produce emission

factors for each of the vehicle classes.

10. The state prepared the Non-road mobile emissions according to

current EPA guidance for all of the source categories.

The emission inventory prepared by Alabama meets the ten criteria.

Documentation of the EPA's evaluation, including details of the review

procedure, is contained within the technical support document prepared

for the Alabama 1990 base year inventory, which is available to the

public as part of the docket supporting this action.

Alabama has submitted a complete inventory containing point, area,

mobile and biogenic source data, and accompanying documentation.

Emissions from these sources are presented in the following table.

Emission Inventory Summary for 1990

[Tons per day]

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VOC NOX CO

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Point.................................. 61.83 408.98 179.87

Area................................... 59.18 54.38 42.57

Mobile................................. 94.23 60.34 585.11

Biogenic............................... 200.29 NA NA

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Total.............................. 415.53 523.70 807.55

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Alabama has satisfied all of the EPA's requirements for providing a

comprehensive, accurate, and current inventory of actual ozone

precursor emissions in the Birmingham marginal ozone nonattainment

area. The

[[Page 29960]]

inventory is complete and approvable according to the criteria set out

in the November 12, 1992, memorandum from J. David Mobley, Chief

Emission Inventory Branch, TSD to G.T. Helms, Chief Ozone Carbon

Monoxide Programs Branch, AQMD. In today's final action, the EPA is

approving the SIP 1990 base year ozone emission inventory submitted by

the State for the Birmingham area as meeting the requirements of

section 182(a)(1) of the CAA.

Final Action

EPA is approving the aforementioned emissions inventory into the

Alabama SIP. The EPA is publishing this rule without prior proposal

because the Agency views this as a noncontroversial submittal 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 adverse comments be filed. This rule will be effective August 3,

1999 without further notice unless the Agency receives adverse comments

by July 6, 1999.

If the EPA receives such comments, EPA will publish a document

withdrawing the final rule and informing 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. 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 August 3, 1999 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 Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities.

C. Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of Executive Order 13084 do not apply to this rule.

D. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

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 Clean Air

Act 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).

F. 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

annual 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

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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 annual 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.

G. 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).

H. Petitions for Judicial Review

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 August 3, 1999. 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, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone, Reporting and recordkeeping

requirements.

Dated: March 30, 1999.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7641q.

Subpart B--Alabama

2. Section 52.50 is amended by revising the word ``Delaware'' in

paragraph (a) to read ``Alabama'' and by adding a new paragraph (e) to

read as follows:

Sec. 52.50 Identification of plan.

* * * * *

(e) EPA-approved Alabama non-regulatory provisions.

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Provision State effective date EPA approval date Federal Register notice Comments

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Birmingham 1990 Baseline November 13, 1992............ June 4, 1999................. [Insert cite of publication].

Emissions Inventory.

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[FR Doc. 99-13944 Filed 6-3-99; 8:45 am]

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