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Approval and Promulgation of Implementation Plans; Alabama: State Implementation Plan Revision
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 9, 2006 (Volume 71, Number 46)]
[Rules and Regulations]
[Page 12138-12141]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr06-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2005-AL-0002-200528a; FRL-8042-9]
Approval and Promulgation of Implementation Plans; Alabama: State
Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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[[Page 12139]]
SUMMARY: EPA is approving revisions to the Alabama State Implementation
Plan (SIP), submitted by the Alabama Department of Environmental
Management (ADEM) on September 11, 2003. The revisions include
modifications to Alabama's open burning rules found at Alabama
Administrative Code (AAC) Chapter 335-3-3-.01. These revisions are part
of Alabama's strategy to meet the national ambient air quality
standards (NAAQS) by reducing emissions of volatile organic compounds
and nitrogen oxides. Open burning creates smoke that contains fine
particles (PM2.5) and precursors to ozone. ADEM has found that elevated
levels of PM2.5 mirror the months when ozone levels are highest (May-
September). These rules are intended to help control levels of PM2.5
and ozone precursors that contribute to high ozone and PM2.5 levels.
Today's action is being taken pursuant to section 110 of the Clean Air
Act (CAA). In its September 11, 2003, submittal, ADEM also proposed SIP
revisions to include changes to AAC Chapter 335-3-4, concerning
opacity. EPA is not acting on that part of the revision at this time.
DATES: This direct final rule is effective May 8, 2006 without further
notice, unless EPA receives adverse comment by April 10, 2006. 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: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2005-AL-0002,'' by one of the following methods:
1. http://www.regulations.gov: 
Follow the on-line
instructions for submitting comments.
2. E-mail: difrank.stacy@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2005-AL-0002,'' 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.
5. Hand Delivery or Courier: Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division 12th floor, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2005-AL-0002.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail, information that you consider to
be CBI or otherwise protected. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, i.e., CBI 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 in 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 a.m. to 4:30
p.m. excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, 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. DiFrank can also be reached via electronic mail at
difrank.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Today's Action
On September 11, 2003, ADEM submitted to EPA proposed SIP revisions
for review and approval into the Alabama SIP. The proposed revisions
include changes made by the State of Alabama to its open burning
regulations, found at AAC Chapter 335-3-3-.01. These rules became state
effective on October 2, 2003.
The original provisions that were part of Chapter 335-3-3-.01(1)
still exists, with the exception of subpart (i), which was deleted and
included as part of the newly added provision, 335-3-3-.01(2). In
summary, the revisions submitted by ADEM include changes to the
duration, timing, and location of open burning, and add other specific
requirements for open burning.
These other requirements include expansion of the seasonal ban on
open burning to now include the months of May and September, and the
additional counties of Baldwin, Lawrence, Madison, Mobile, Montgomery,
Morgan, and Shelby. The new provision, Chapter 335-3-3-.01(2), also
describes new requirements for open burning which include, among
others: (1) A limitation on open burning of vegetation or untreated
wood for only the specified purposes; (2) a specification regarding
fuel; (3) setbacks for all open burning; (4) a requirement to reduce
traffic hazards associated with the burning; and (5) a limit on the
hours of open burning. No action is being taken with regard to the last
paragraph of Chapter 335-3-3-.01(2)(d), referring to open burning in
Morgan County during 2003, because it was removed from the Alabama SIP
in a separate action in December 2005 (70 FR 76694, December 28, 2005).
The proposed revisions summarized above are approvable pursuant to
section 110 of the CAA.
EPA is now taking direct final action to approve the proposed
revisions, specifically, AAC Chapter 335-3-3-.01(1) and .01(2), into
the Alabama SIP. These revisions include the entirety of Alabama's open
burning rules and are
[[Page 12140]]
part of the State's strategy to meet the NAAQS by reducing emissions of
volatile organic compounds and nitrogen oxides.
II. Final Action
EPA is taking direct final action to approve revisions to the
Alabama SIP to include changes made to Alabama's open burning rules
found at AAC Chapter 335-3-3-.01, as submitted on September 11, 2003,
with the exception of one sentence in 335-3-3-.01(2)(d) regarding
Morgan County. In addition, at this time, EPA is not acting on the
revision to AAC Chapter 335-3-4 concerning opacity.
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 May 8, 2006
without further notice unless the Agency receives adverse comments by
April 10, 2006.
If EPA receives such comments, EPA will then publish a document
withdrawing the direct final rule and informing the public that such
rule will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. 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 May 8, 2006
and no further action will be taken on the proposed rule.
III. 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 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 a state rule
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 is not economically significant.
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 May 8, 2006. 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 17, 2006.
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 et seq.
Subpart B--Alabama
? 2. Section 52.50(c) is amended by revising entries for ``Section 335-3-
3.01'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
[[Page 12141]]
EPA Approved Alabama Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Chapter 335-3-3 Control of Open Burning and Incineration
* * * * * * *
Section 335-3-3-.01.............. Open Burning....... 10/2/2003 3/9/2006 [Insert We are not acting
citation of on the portion of
publication]. section 2(d)
stating ``During
2003 only burning
may be conducted
in Morgan County
if any air curtain
incinerator is
used to burn the
materials.''
* * * * * * *
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[FR Doc. 06-2184 Filed 3-8-06; 8:45 am]
BILLING CODE 6560-50-P