[Federal Register: May 1, 2008 (Volume 73, Number 85)]
[Rules and Regulations]
[Page 23957-23959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my08-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0532-200810, FRL-8560-2]
Approval and Promulgation of Implementation Plans; Alabama
Prevention of Significant Deterioration and Nonattainment New Source
Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve revisions to the Alabama
State Implementation Plan (SIP) submitted by the State of Alabama on
June 16, 2006. The SIP revisions modify Alabama's Prevention of
Significant Deterioration (PSD regulations in the Alabama SIP to
address changes to the federal New Source Review (NSR) regulations,
which were promulgated by EPA on December 31, 2002, and reconsidered
with minor changes on November 7, 2003 (commonly referred to as the
``2002 NSR Reform Rules''). EPA proposed approval of these revisions on
January 24, 2008; no comments were received on that proposal. The
revisions include provisions for baseline emissions calculations, an
actual-to-projected-actual methodology for calculating emissions
changes, options for plantwide applicability limits, and recordkeeping
and reporting requirements.
DATES: Effective Date: This rule will be effective June 2, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0532. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Alabama
State Implementation Plan, contact Ms. Stacy Harder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9042. Ms. Harder can also be reached via electronic mail
at harder.stacy@epa.gov. For information regarding New Source Review,
contact Ms. Gracy R. Danois, Air Permits Section, at the same address
above. The telephone number is (404) 562-9119. Ms. Danois can also be
reached via electronic mail at danois.gracy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve revisions to the Alabama SIP,
which includes changes to Alabama's NSR program. On June 16, 2006, the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM) submitted revisions to the Alabama SIP. Specifically,
the SIP revisions include changes to ADEM Administrative Code (AAC)
Division 3 (Air Division), Chapter 14, entitled ``Air Permits.'' ADEM
submitted these revisions in response to EPA's December 31, 2002,
revisions to the federal NSR program. EPA is now approving these SIP
revisions with the exception of the requirements found in Rule 335-3-
14-.04(2)(w)1, the portion of the definition of ``significant'' that
establishes a significance threshold of 100 tons for all NSR regulated
pollutants for which there is not a listed significant amount. On
December 3, 2007, Alabama requested this portion of the definition not
be approved in to the SIP. Notably, the June 16, 2006, submittal also
addressed the Clean Air Interstate Rule which EPA has already addressed
in a separate action (October 1, 2007, 72 FR 55659).
On January 24, 2008 (73 FR 4133), EPA published a notice of
proposed rulemaking (NPR) in the Federal Register, proposing to approve
the Alabama SIP revisions regarding its NSR program. The January 24,
2008, NPR provides additional information about the proposed Alabama
SIP revisions and the rationale for this final action. The public
comment period for the proposed action ended on February 25, 2008. No
comments were received on EPA's proposed action. EPA is now taking
final action to approve the SIP revisions submitted by ADEM on June 16,
2006.
II. What Is the Background for This Action?
On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 Code of Federal Regulations (CFR) parts 51 and 52,
regarding the Clean Air Act (CAA), PSD and NNSR programs. On November
7, 2003 (68 FR 63021), EPA published a notice of final action on its
reconsideration of the 2002 rules. On June 13, 2007 (72 FR 32526), EPA
took final action to revise the 2002 NSR Reform Rules to exclude the
clean units and Pollution Control Project (PCP) provisions that were
vacated by the United States Court of Appeals for the District of
Columbia Circuit (D.C. Circuit Court) on June 24, 2005. The purpose of
this action regarding the Alabama SIP is to approve the SIP submittal
from the State of Alabama incorporating rule changes consistent with
EPA's 2002 NSR Reform Rules.
The June 24, 2005, DC Circuit Court decision also involved a remand
of the recordkeeping provisions of the 2002 NSR Reform Rules. On
December 14, 2007, EPA issued a final rulemaking in response to the DC
Circuit's remand establishing that ``reasonable possibility'' applies
where source
[[Page 23958]]
emissions equal or exceed 50% of the CAA NSR significance levels for
any pollutant. The rule was published in the Federal Register on
December 21, 2007 (72 FR 72607). For further information, see, http://
www.epa.gov/nsr.
The ``reasonable possibility'' standard identifies, for sources and
reviewing authorities, the circumstances under which a major stationary
source undergoing a modification that does not trigger major NSR must
keep records. Alabama's SIP revisions are approvable at this time
because the Alabama rules are substantially the same as the current
federal rules and EPA's interpretation of the reasonable possibility
standard did not result in any actual changes to the corresponding
federal rule.
As is discussed in greater detail in the NPR, EPA reviewed the SIP
revisions and determined that they were at least as stringent as the
federal NSR program. Therefore, Alabama's revisions are consistent with
the federal NSR regulations published December 31, 2002 (67 FR 80186)
and November 7, 2003 (68 FR 63021), with the one exception noted
earlier regarding AAC Rule 335-3-14-.04(2)(w)1 which is no longer a
part of the current SIP submittal. As a result, the SIP revisions are
approvable pursuant to the CAA.
The January 24, 2008, NPR and the docket for this action provide
more details about the SIP revisions being approved and the rationale
for EPA's final action. For additional information on EPA's 2002 NSR
Reform Rules, see 67 FR 80186 (December 31, 2002), and http://
www.epa.gov/nsr.
III. Final Action
EPA is taking final action to approve changes to Alabama's Rule
335-3-14-.04, with the exception of 335-3-14.04(2)(w)1, as submitted by
ADEM on June 16, 2006, as revisions to the Alabama SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This final rule also does not have tribal implications because it
will not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal Government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes, as specified by Executive Order
13175 (59 FR 22951, November 9, 2000). This action also does not have
Federalism implications because it does not have substantial direct
effects on the states, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely approves state and local rules implementing a Federal standard,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 June 30, 2008. 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 17, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-14.04'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
[[Page 23959]]
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State
State citation Title/subject effective date EPA approval date Explanation
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Chapter 335-3-14 Air Permits
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Section 335-3-14-.04................ Air Permits Authorizing 07/11/2006 05/01/2008 [Insert citation of EPA is not approving Section 335-3-
Construction in Clean publication]. 14.04(2)(w)1.
Air Areas (Prevention
of Significant
Deterioration (PSD)).
* * * * * * *
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[FR Doc. E8-9481 Filed 4-30-08; 8:45 am]
BILLING CODE 6560-50-P