Approval and Promulgation of Implementation Plans; Revisions to the Alabama State Implementation Plan; Birmingham and Jackson Counties, 13118-13122 [E9-6647]
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Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations
Monday through Friday except Federal
holidays.
A Notice of Proposed Rule Making,
USCG–2008–1158, is being issued in
conjunction with this Temporary
Deviation to obtain public comments.
The Notice of Proposed Rule Making
will be in effect for two months from
March 26, 2009 until May 26, 2009. The
Coast Guard will evaluate public
comments from this Temporary
Deviation and the above referenced
Notice of Proposed Rule Making to
determine if a permanent change to the
drawbridge operating regulation at 33
CFR 117.451(b) is warranted.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: March 9, 2009.
David M. Frank,
Bridge Administrator.
[FR Doc. E9–6689 Filed 3–25–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Dated: March 9, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E9–6809 Filed 3–25–09; 8:45 am]
[Docket No. USCG–2009–0144]
Safety Zone; Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
ACTION: Notice of enforcement.
AGENCY:
BILLING CODE 4910–15–P
SUMMARY: The Coast Guard will enforce
the Navy Pier Southeast Safety Zone in
Chicago Harbor in April 2009. This
action is necessary to protect vessels
and people from the hazards associated
with fireworks displays. This safety
zone will restrict vessel traffic from a
portion of the Captain of the Port Lake
Michigan Zone.
DATES: The regulations in 33 CFR
165.931 will be enforced from 7:30 p.m.
through 8:30 p.m. on April 4, 2009, and
from 7:30 p.m. through 8:30 p.m. on
April 11, 2009.
FOR FURTHER INFORMATION CONTACT:
LCDR Bannan, Prevention Department,
Coast Guard Sector Lake Michigan,
Milwaukee, WI, at (414) 747–7154.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone,
Navy Pier Southeast, Chicago Harbor,
Chicago, IL, 33 CFR 165.931, for the
following events:
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(1) Navy Pier Private Party; on April
4, 2009, from 7:30 p.m. through 8:30
p.m.
(2) Navy Pier Private Party; on April
11, 2009, from 7:30 p.m. through 8:30
p.m.
All vessels must obtain permission
from the Captain of the Port or
designated representative to enter, move
within, or exit the safety zone. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port or designated representative. While
within the safety zone, all vessels shall
operate at the minimum speed
necessary to maintain a safe course.
This notice is issued under authority
of 33 CFR 165.931, Safety Zone, Navy
Pier Southeast, Chicago Harbor,
Chicago, IL (72 FR 32520, Jun. 13, 2007),
and 5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
these enforcement periods via broadcast
Notice to Mariners and Local Notice to
Mariners.
The Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Lake Michigan on channel 16,
VHF–FM.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0359–200823(a);
FRL8781–7]
Approval and Promulgation of
Implementation Plans; Revisions to the
Alabama State Implementation Plan;
Birmingham and Jackson Counties
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Alabama State Implementation Plan
(SIP) for two separate areas:
Birmingham nonattainment area and
Jackson County nonattainment area for
both the 8-hour ozone and the PM2.5
National Ambient Air Quality Standard.
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On March 7, 2007, and on January 8,
2009, revisions of the transportation
conformity criteria and procedures
related to interagency consultation and
enforceability of certain transportationrelated control measures and mitigation
measures were submitted to EPA for
approval by the state of Alabama. The
intended effect is to update the
transportation conformity criteria and
procedures in the Alabama SIP.
DATES: This direct final rule is effective
May 26, 2009 without further notice,
unless EPA receives adverse comment
by April 27, 2009 If EPA receives such
comments, it 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 No. EPA–R04–
OAR–2007–0359, by one of the
following methods:
(a) https://www.regulations.gov:
Follow the on-line instructions for
submitting comments.
(b) E-mail: wood.amanetta@epa.gov.
(c) Fax: (404) 562–9019.
(d) Mail: ‘‘EPA–R04–OAR–2007–
0359,’’ Air Quality Modeling and
Transportation 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.
(e) Hand Delivery or Courier:
Amanetta Wood, Air Quality Modeling
and Transportation 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. 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 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2007–
0359.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://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 https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
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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 https://
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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://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 https://
www.regulations.gov or in hard copy at
the Air Quality Modeling and
Transportation 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:
Amanetta Wood, Air Quality Modeling
and Transportation 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. Ms.
Wood’s telephone number is 404–562–
9025. She can also be reached via
electronic mail at
wood.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Transportation Conformity
II. Background for This Action
A. Federal Requirements
B. Birmingham Conformity SIP
C. Jackson County Conformity SIP
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Transportation Conformity
Transportation conformity is required
under section 176(c) of the Clean Air
Act (‘‘CAA’’ or ‘‘Act’’) to ensure that
federally supported highway, transit
projects, and other activities are
consistent with (‘‘conform to’’) the
purpose of the SIP. Conformity
currently applies to areas that are
designated nonattainment and to areas
that have been redesignated to
attainment after 1990 (maintenance
areas) with plans developed under
section 175A of the Act, for the
following transportation related criteria
pollutants: ozone, particulate matter
(e.g., PM2.5 and PM10), carbon
monoxide (CO), and nitrogen dioxide
(NO10).
Conformity to the purpose of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant criteria
pollutants, also known as national
ambient air quality standards (NAAQS).
The transportation conformity
regulation is found in 40 CFR Part 93
and provisions related to conformity
SIPs are found in 40 CFR 51.390.
II. Background for This Action
A. Federal Requirements
EPA promulgated the Federal
transportation conformity criteria and
procedures (‘‘Conformity Rule’’) on
November 24, 1993 (58 FR 62188).
Among other elements, the rule required
states to address all provisions of the
Conformity Rule in their SIPs,
frequently referred to as ‘‘conformity
SIPs’’. Under 40 CFR 51.390, most
sections of the Conformity Rule were
required to be incorporated into the SIP
verbatim. States were also allowed to
tailor all or portions of the following
three sections of the Conformity Rule to
meet their states’ individual
circumstances: 40 CFR 93.105 (which
addresses consultation procedures); 40
CFR 93.122(a)(4)(ii) (which addresses
written commitments to control
measures that are not included in a
metropolitan planning organization’s
(MPO’s) transportation plan and
transportation improvement program
that must be obtained prior to a
conformity determination, and the
requirement that such commitments,
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when they exist, must be fulfilled); and
40 CFR 93.125(c) (which addresses
written commitments to mitigation
measures that must be obtained prior to
a project-level conformity
determination, and the requirement that
project sponsors must comply with such
commitments, when they exist).
On August 10, 2005, the ‘‘Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users’’ (SAFETEA–LU) was signed into
law. SAFETEA–LU revised section
176(c) of the CAA’s transportation
conformity provisions. One of the
changes streamlined the requirements
for conformity SIPs. Under SAFETEA–
LU, states are now required to address
and tailor only the following three
sections of the Conformity Rule in their
conformity SIPs: 40 CFR 93.105, 40 CFR
93.122(a)(4)(ii), and 40 CFR 93.125(c). In
general, states are no longer required to
submit conformity SIP revisions that
address the other sections of the
Conformity Rule. These changes took
effect on August 10, 2005, when
SAFETEA–LU was signed into law.
B. Birmingham Conformity SIP
Effective June 15, 2004, EPA
designated the entire counties of
Jefferson and Shelby in the Birmingham,
Alabama Area, as nonattainment for the
1997 8-hour ozone standard. On May
12, 2006, EPA redesignated the 1997 8hour ozone Birmingham Nonattainment
Area to attainment for the 1997 8-hour
ozone NAAQS (71 FR 27631). Effective
April 5, 2005, EPA designated the entire
counties of Jefferson and Shelby, and a
portion of the county of Walker in the
Birmingham Area, as nonattainment for
the PM2.5 standard. The current
designation status of the Birmingham
PM2.5 Area is nonattainment. For
further information, see 40 CFR 81 for
Birmingham, Alabama air quality
planning areas and designations.
The Birmingham Metropolitan
Planning Organization (BMPO) is the
MPO for the entire Birmingham 1997 8hour ozone Area, and for most of the
Birmingham PM2.5 Area. BMPO’s
planning boundary includes Jefferson
and Shelby Counties in Alabama. The
portion of Walker County, Alabama that
is designated nonattainment as part of
the Birmingham PM2.5 Nonattainment
Area is not within the BMPO planning
boundary, and thus is considered a
‘‘donut’’ area for the purposes of
implementing transportation conformity
in this area. Per the Transportation
Conformity Rule, the MPO’s conformity
determination is not complete without a
regional analysis that considers the
projects in the MPO area as well as the
donut areas that are within the
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nonattainment/maintenance area. For
the purposes of implementing 8-hour
ozone and PM2.5 conformity, BMPO
serves as the lead agency for the
preparation, consultation, and
distribution of the conformity
determinations. BMPO coordinates with
the Alabama Department of
Transportation for travel-related
information for the portion of Walker
County that is included in the PM2.5
Nonattainment Area.
The Birmingham area has previously
established a transportation conformity
SIP. In 2002, EPA approved the State of
Alabama’s SIP revision which
incorporated by reference 40 CFR part
93, subpart A (67 FR 50808), as well as
rules consistent with 40 CFR 93.105,
93.122 (a)(4)(ii), and 93.125(c) for the
Birmingham area. In addition, the
Birmingham area had established a
Memorandum of Agreement (MOA) for
implementing the conformity Criteria
and Consultation Procedure. The new
conformity SIP (the subject of this
rulemaking) has removed any
incorporation by reference and has
revised the MOA to be consistent with
the SAFETEA–LU revisions to the CAA
(Pub. L. 109–59) and subsequent
regulations published on January 24,
2008 (73 FR 4420).
C. Jackson County Conformity SIP
Effective April 5, 2005, EPA
designated Hamilton County in
Tennessee, and portions of Walker and
Catoosa Counties in Georgia, and a
portion of Jackson County, Alabama in
the Tri-state Chattanooga Area, as
nonattainment for the PM2.5 standard.
The current designation status of the
Tri-state Chattanooga PM2.5 Area is
nonattainment (including the portion of
Jackson County, Alabama). Thus, this
area also has to meet transportation
conformity requirements.
The Chattanooga Transportation
Planning Organization (CHCNGA TPO)
is the MPO for most of the Tri-state
Chattanooga PM2.5 Area. CHCNGA
TPO’s planning boundary includes
Hamilton County in Tennessee, and
Walker and Catoosa Counties in
Georgia. Portions of Walker and Catoosa
Counties in Georgia, and Jackson
County, Alabama, are not within the
CHCNGA TPO planning boundary, and
thus are considered ‘‘donut’’ areas for
the purposes of implementing
transportation conformity in this area.
CHCNGA TPO coordinates with the
Alabama Department of Transportation
for travel-related information for the
portion of Jackson County that is
included in the PM2.5 Nonattainment
Area. Additionally, the Georgia
Department of Transportation
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coordinates with the Alabama
Department of Transportation for travelrelated information for Walker and
Catoosa that are included in the PM2.5
Nonattainment Area.
As a newly designated nonattainment
area, the portion of Jackson County,
Alabama that is a part of the Tri-state
Chattanooga PM2.5 Area does not have
a previous conformity SIP. The State of
Tennessee and the State of Georgia will
establish conformity procedures for
Hamilton County in Tennessee, and
portions of Walker and Catoosa
Counties in Georgia for their respective
states in their individual conformity
SIPs. The SIP revision at issue now
includes the conformity procedures for
the portion of Jackson County, Alabama
that is included as part of the Tri-state
Chattanooga PM2.5 Area.
III. State Submittal and EPA Evaluation
On March 7, 2007, the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted the
State’s transportation conformity and
consultation interagency Memorandum
of Agreement (MOA) to EPA as a
revision to the SIP, addressing the 8hour ozone maintenance area and the
PM2.5 Nonattainment Area. The
Alabama transportation conformity
MOA establishes procedures for
interagency consultation and supersedes
the April 3, 2003, incorporation into the
SIP of Chapter 335–3–17 (which
included previous procedures for
interagency consultation). Alabama
Administrative Code (AAC) Chapter
335–3–17 incorporated EPA regulations
found in 40 CFR Part 93, Subpart A
(July 1, 1997), and 62 FR 43780 (August
15, 1997), by reference and originally
only applied to the 1997 8-hour ozone
Birmingham Nonattainment Area. The
revision to Chapter 335–3–17 that EPA
is approving now no longer incorporates
the federal transportation conformity
rules by reference, but still includes all
the minimum requirements of the
federal rules. In addition, consistent
with ADEM’s SIP submittal, AAC
Chapter 335–3–17 will now apply to all
nonattainment and maintenance areas
in Alabama.
On January 8, 2009, the State of
Alabama, through ADEM, submitted a
SIP revision to the March 2007 Alabama
Administrative Code (AAC) Chapter
335–3–17–.01. This action addresses the
March 7, 2007 as well as the January 8,
2009, submission.
The State of Alabama developed its
consultation rule (AAC Chapter 335–3–
17) based on the elements contained in
40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c) and included it in the MOA.
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As a first step, the State worked with the
existing transportation planning
organization’s interagency committee
that included representatives from:
ADEM; the Alabama Department of
Transportation (DOT); the Birmingham
Regional Planning Commission (BRPC);
Birmingham Metropolitan Planning
Organization, Federal Highway
Administration—Alabama Division;
Federal Transit Administration;
Jefferson County Department of Health
(JCDH); Jefferson County Transit
Authority (B–JCTA); and EPA. The
interagency committee met regularly
and drafted the consultation rules
considering elements in 40 CFR 93.105,
93.122(a)(4)(ii), and 93.125(c), and
integrated the local procedures and
processes into the consultation MOA.
The consultation process developed in
this MOA is for the State of Alabama.
The MOA is enforceable against the
parties by their consent in the MOA to
allow the Attorney General for the State
of Alabama to sue any or all of the
agencies for specific performance or
other relief on behalf of the citizens of
Alabama. On January 4, 2007, ADEM
held a public hearing for the
transportation conformity MOA and
rulemaking. The final MOA was issued
by Alabama on April 3, 2007, and
subsequently submitted to EPA as a SIP
revision. On October 8, 2008, ADEM
held a public hearing for a second
revision to the transportation
conformity rulemaking. The final
rulemaking package for the second
revision was issued by Alabama on
December 12, 2008, and subsequently
submitted to EPA as a SIP revision.
EPA has evaluated this SIP revision
and has determined that the State has
met the requirements of federal
transportation conformity rules as
described in 40 CFR part 51, subpart T
and 40 CFR part 93, subpart A. ADEM
has satisfied the public participation
and comprehensive interagency
consultation requirement during
development and adoption of the MOA
at the local level. Therefore, EPA is
approving the revision to the Alabama
SIP, as well as AAC Chapters 335–3–17–
.01 and .02, ‘‘Conformity of Federal
Actions to State Implementation Plans.’’
EPA’s rules requires the states to
develop their own processes and
procedures for interagency consultation
among the Federal, state, and local
agencies and resolution of conflicts
meeting the criteria in 40 CFR 93.105.
The SIP revision must include processes
and procedures to be followed by the
MPO, state DOT, and U.S. Department
of Transportation in consulting with the
state and local air quality agencies and
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EPA before making conformity
determinations. The transportation
conformity SIP revision must also
include processes and procedures for
the state and local air quality agencies
and EPA to coordinate the development
of applicable SIPs with MPOs, state
DOTs, and the U.S. Department of
Transportation.
EPA has reviewed the submittal to
ensure consistency with the CAA as
amended by SAFETEA–LU and EPA
regulations (40 CFR part 93 and 40 CFR
51.390) governing state procedures for
transportation conformity and
interagency consultation and have
concluded that the submittal is
approvable. Details of our review are set
forth in a technical support document
(TSD), which has been included in the
docket for this action. Specifically, in
the TSD, we identify how the submitted
procedures satisfy our requirements
under 40 CFR 93.105 for interagency
consultation with respect to the
development of transportation plans
and programs, SIPs, and conformity
determinations, the resolution of
conflicts, and the provision of adequate
public consultation, and our
requirements under 40 CFR
93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and
mitigation measures.
IV. Public Comment and Final Action
For the reasons set forth above, EPA
is taking action under section 110 of the
Act to approve the MOA implementing
the conformity criteria and consultation
procedures revision to the Alabama SIP
pursuant to the CAA, as a revision to the
Alabama SIP. As a result of this action,
the Birmingham area’s previously SIPapproved conformity procedures for the
Birmingham area (79 FR 7487, April 23,
2003) will be replaced by the
procedures adopted by State of Alabama
on February 23, 2007, and December 12,
2008, submitted to EPA on March 7,
2007, and January 8, 2009, for approval,
and now being approved into the SIP.
This action also establishes consultation
procedures for the portion of Jackson
County designated nonattainment,
adopted by the State of Alabama on
February 23, 2007, and December 12,
2008, and submitted to EPA on March
7, 2007, and January 8, 2009, for
approval. Additionally, this action will
approve the revision of Chapter 335–3–
1–.14 and the addition of Chapter 335–
3–1–.16, in order to fulfill the emission
reporting requirements under 40 CFR
51.125.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
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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 26, 2009
without further notice unless the
Agency receives adverse comments by
April 27, 2009.
If EPA receives such comments, then
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. 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 26, 2009
and no further action will be taken on
the proposed rule.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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13121
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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 26, 2009. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register; rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
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26MRR1
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Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations
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,
Incorporation by reference, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 25, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
■
Subpart (B)—Alabama
2. Section 52.50(e) is amended by
adding a new entry at the end of the
table for ‘‘Conformity SIP for
Birmingham and Jackson County’’ to
read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
§ 52.50
*
Authority: 42.U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
State submittal
date/effective
date
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
Conformity SIP for Birmingham and
Jackson County.
*
*
Jefferson County, Shelby County,
Jackson County.
[FR Doc. E9–6647 Filed 3–25–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R09–OAR–2008–0942; FRL–8781–2]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Control of
Emissions From Existing Other Solid
Waste Incinerator Units; Arizona; Pima
County Department of Environmental
Quality
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a negative declaration
submitted by the Pima County
Department of Environmental Quality.
The negative declaration certifies that
other solid waste incinerator units,
subject to the requirements of sections
111(d) and 129 of the Clean Air Act, do
not exist within the agency’s air
pollution control jurisdiction.
DATES: This rule is effective on May 26,
2009 without further notice, unless EPA
receives adverse comments by April 27,
2009. If we receive such comment, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2008–0942, by one of the
following methods:
VerDate Nov<24>2008
16:51 Mar 25, 2009
Jkt 217001
12/12/2008
EPA approval date
*
*
3/26/2009 [Insert citation of publication].
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
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.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California.
While all documents in the docket are
listed in the index, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material), and some may not be publicly
available in either location (e.g., CBI).
To inspect the hard copy materials,
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
Explanation
*
please schedule an appointment during
normal business hours with the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. Final EPA Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean
Air Act (CAA or the Act) require States
to submit plans to control certain
pollutants (designated pollutants) at
existing solid waste combustor facilities
(designated facilities) whenever
standards of performance have been
established under section 111(b) for new
sources of the same type, and EPA has
established emission guidelines (EG) for
such existing sources. A designated
pollutant is any pollutant for which no
air quality criteria have been issued, and
which is not included on a list
published under section 108(a) or
section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a
standard of performance for new
stationary sources. However, section
129 of the CAA also requires EPA to
promulgate EG for solid waste
incineration units that emit a mixture of
air pollutants. These pollutants include
organics (dioxins/furans), carbon
monoxide, metals (cadmium, lead,
mercury), acid gases (hydrogen chloride,
sulfur dioxide, and nitrogen oxides) and
particulate matter (including opacity).
E:\FR\FM\26MRR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13118-13122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6647]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0359-200823(a); FRL8781-7]
Approval and Promulgation of Implementation Plans; Revisions to
the Alabama State Implementation Plan; Birmingham and Jackson Counties
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Alabama State Implementation Plan (SIP) for two separate areas:
Birmingham nonattainment area and Jackson County nonattainment area for
both the 8-hour ozone and the PM2.5 National Ambient Air Quality
Standard. On March 7, 2007, and on January 8, 2009, revisions of the
transportation conformity criteria and procedures related to
interagency consultation and enforceability of certain transportation-
related control measures and mitigation measures were submitted to EPA
for approval by the state of Alabama. The intended effect is to update
the transportation conformity criteria and procedures in the Alabama
SIP.
DATES: This direct final rule is effective May 26, 2009 without further
notice, unless EPA receives adverse comment by April 27, 2009 If EPA
receives such comments, it 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 No. EPA-R04-
OAR-2007-0359, by one of the following methods:
(a) https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
(b) E-mail: wood.amanetta@epa.gov.
(c) Fax: (404) 562-9019.
(d) Mail: ``EPA-R04-OAR-2007-0359,'' Air Quality Modeling and
Transportation 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.
(e) Hand Delivery or Courier: Amanetta Wood, Air Quality Modeling
and Transportation 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. 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 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2007-0359.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which
[[Page 13119]]
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 https://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 https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://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 https://www.regulations.gov or in hard copy at the Air Quality Modeling and
Transportation 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: Amanetta Wood, Air Quality Modeling
and Transportation 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. Ms.
Wood's telephone number is 404-562-9025. She can also be reached via
electronic mail at wood.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Transportation Conformity
II. Background for This Action
A. Federal Requirements
B. Birmingham Conformity SIP
C. Jackson County Conformity SIP
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Transportation Conformity
Transportation conformity is required under section 176(c) of the
Clean Air Act (``CAA'' or ``Act'') to ensure that federally supported
highway, transit projects, and other activities are consistent with
(``conform to'') the purpose of the SIP. Conformity currently applies
to areas that are designated nonattainment and to areas that have been
redesignated to attainment after 1990 (maintenance areas) with plans
developed under section 175A of the Act, for the following
transportation related criteria pollutants: ozone, particulate matter
(e.g., PM2.5 and PM10), carbon monoxide (CO), and nitrogen dioxide
(NO10).
Conformity to the purpose of the SIP means that transportation
activities will not cause new air quality violations, worsen existing
violations, or delay timely attainment of the relevant criteria
pollutants, also known as national ambient air quality standards
(NAAQS). The transportation conformity regulation is found in 40 CFR
Part 93 and provisions related to conformity SIPs are found in 40 CFR
51.390.
II. Background for This Action
A. Federal Requirements
EPA promulgated the Federal transportation conformity criteria and
procedures (``Conformity Rule'') on November 24, 1993 (58 FR 62188).
Among other elements, the rule required states to address all
provisions of the Conformity Rule in their SIPs, frequently referred to
as ``conformity SIPs''. Under 40 CFR 51.390, most sections of the
Conformity Rule were required to be incorporated into the SIP verbatim.
States were also allowed to tailor all or portions of the following
three sections of the Conformity Rule to meet their states' individual
circumstances: 40 CFR 93.105 (which addresses consultation procedures);
40 CFR 93.122(a)(4)(ii) (which addresses written commitments to control
measures that are not included in a metropolitan planning
organization's (MPO's) transportation plan and transportation
improvement program that must be obtained prior to a conformity
determination, and the requirement that such commitments, when they
exist, must be fulfilled); and 40 CFR 93.125(c) (which addresses
written commitments to mitigation measures that must be obtained prior
to a project-level conformity determination, and the requirement that
project sponsors must comply with such commitments, when they exist).
On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) was signed
into law. SAFETEA-LU revised section 176(c) of the CAA's transportation
conformity provisions. One of the changes streamlined the requirements
for conformity SIPs. Under SAFETEA-LU, states are now required to
address and tailor only the following three sections of the Conformity
Rule in their conformity SIPs: 40 CFR 93.105, 40 CFR 93.122(a)(4)(ii),
and 40 CFR 93.125(c). In general, states are no longer required to
submit conformity SIP revisions that address the other sections of the
Conformity Rule. These changes took effect on August 10, 2005, when
SAFETEA-LU was signed into law.
B. Birmingham Conformity SIP
Effective June 15, 2004, EPA designated the entire counties of
Jefferson and Shelby in the Birmingham, Alabama Area, as nonattainment
for the 1997 8-hour ozone standard. On May 12, 2006, EPA redesignated
the 1997 8-hour ozone Birmingham Nonattainment Area to attainment for
the 1997 8-hour ozone NAAQS (71 FR 27631). Effective April 5, 2005, EPA
designated the entire counties of Jefferson and Shelby, and a portion
of the county of Walker in the Birmingham Area, as nonattainment for
the PM2.5 standard. The current designation status of the Birmingham
PM2.5 Area is nonattainment. For further information, see 40 CFR 81 for
Birmingham, Alabama air quality planning areas and designations.
The Birmingham Metropolitan Planning Organization (BMPO) is the MPO
for the entire Birmingham 1997 8-hour ozone Area, and for most of the
Birmingham PM2.5 Area. BMPO's planning boundary includes Jefferson and
Shelby Counties in Alabama. The portion of Walker County, Alabama that
is designated nonattainment as part of the Birmingham PM2.5
Nonattainment Area is not within the BMPO planning boundary, and thus
is considered a ``donut'' area for the purposes of implementing
transportation conformity in this area. Per the Transportation
Conformity Rule, the MPO's conformity determination is not complete
without a regional analysis that considers the projects in the MPO area
as well as the donut areas that are within the
[[Page 13120]]
nonattainment/maintenance area. For the purposes of implementing 8-hour
ozone and PM2.5 conformity, BMPO serves as the lead agency for the
preparation, consultation, and distribution of the conformity
determinations. BMPO coordinates with the Alabama Department of
Transportation for travel-related information for the portion of Walker
County that is included in the PM2.5 Nonattainment Area.
The Birmingham area has previously established a transportation
conformity SIP. In 2002, EPA approved the State of Alabama's SIP
revision which incorporated by reference 40 CFR part 93, subpart A (67
FR 50808), as well as rules consistent with 40 CFR 93.105, 93.122
(a)(4)(ii), and 93.125(c) for the Birmingham area. In addition, the
Birmingham area had established a Memorandum of Agreement (MOA) for
implementing the conformity Criteria and Consultation Procedure. The
new conformity SIP (the subject of this rulemaking) has removed any
incorporation by reference and has revised the MOA to be consistent
with the SAFETEA-LU revisions to the CAA (Pub. L. 109-59) and
subsequent regulations published on January 24, 2008 (73 FR 4420).
C. Jackson County Conformity SIP
Effective April 5, 2005, EPA designated Hamilton County in
Tennessee, and portions of Walker and Catoosa Counties in Georgia, and
a portion of Jackson County, Alabama in the Tri-state Chattanooga Area,
as nonattainment for the PM2.5 standard. The current designation status
of the Tri-state Chattanooga PM2.5 Area is nonattainment (including the
portion of Jackson County, Alabama). Thus, this area also has to meet
transportation conformity requirements.
The Chattanooga Transportation Planning Organization (CHCNGA TPO)
is the MPO for most of the Tri-state Chattanooga PM2.5 Area. CHCNGA
TPO's planning boundary includes Hamilton County in Tennessee, and
Walker and Catoosa Counties in Georgia. Portions of Walker and Catoosa
Counties in Georgia, and Jackson County, Alabama, are not within the
CHCNGA TPO planning boundary, and thus are considered ``donut'' areas
for the purposes of implementing transportation conformity in this
area. CHCNGA TPO coordinates with the Alabama Department of
Transportation for travel-related information for the portion of
Jackson County that is included in the PM2.5 Nonattainment Area.
Additionally, the Georgia Department of Transportation coordinates with
the Alabama Department of Transportation for travel-related information
for Walker and Catoosa that are included in the PM2.5 Nonattainment
Area.
As a newly designated nonattainment area, the portion of Jackson
County, Alabama that is a part of the Tri-state Chattanooga PM2.5 Area
does not have a previous conformity SIP. The State of Tennessee and the
State of Georgia will establish conformity procedures for Hamilton
County in Tennessee, and portions of Walker and Catoosa Counties in
Georgia for their respective states in their individual conformity
SIPs. The SIP revision at issue now includes the conformity procedures
for the portion of Jackson County, Alabama that is included as part of
the Tri-state Chattanooga PM2.5 Area.
III. State Submittal and EPA Evaluation
On March 7, 2007, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted the State's
transportation conformity and consultation interagency Memorandum of
Agreement (MOA) to EPA as a revision to the SIP, addressing the 8-hour
ozone maintenance area and the PM2.5 Nonattainment Area. The Alabama
transportation conformity MOA establishes procedures for interagency
consultation and supersedes the April 3, 2003, incorporation into the
SIP of Chapter 335-3-17 (which included previous procedures for
interagency consultation). Alabama Administrative Code (AAC) Chapter
335-3-17 incorporated EPA regulations found in 40 CFR Part 93, Subpart
A (July 1, 1997), and 62 FR 43780 (August 15, 1997), by reference and
originally only applied to the 1997 8-hour ozone Birmingham
Nonattainment Area. The revision to Chapter 335-3-17 that EPA is
approving now no longer incorporates the federal transportation
conformity rules by reference, but still includes all the minimum
requirements of the federal rules. In addition, consistent with ADEM's
SIP submittal, AAC Chapter 335-3-17 will now apply to all nonattainment
and maintenance areas in Alabama.
On January 8, 2009, the State of Alabama, through ADEM, submitted a
SIP revision to the March 2007 Alabama Administrative Code (AAC)
Chapter 335-3-17-.01. This action addresses the March 7, 2007 as well
as the January 8, 2009, submission.
The State of Alabama developed its consultation rule (AAC Chapter
335-3-17) based on the elements contained in 40 CFR 93.105,
93.122(a)(4)(ii), and 93.125(c) and included it in the MOA. As a first
step, the State worked with the existing transportation planning
organization's interagency committee that included representatives
from: ADEM; the Alabama Department of Transportation (DOT); the
Birmingham Regional Planning Commission (BRPC); Birmingham Metropolitan
Planning Organization, Federal Highway Administration--Alabama
Division; Federal Transit Administration; Jefferson County Department
of Health (JCDH); Jefferson County Transit Authority (B-JCTA); and EPA.
The interagency committee met regularly and drafted the consultation
rules considering elements in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c), and integrated the local procedures and processes into the
consultation MOA. The consultation process developed in this MOA is for
the State of Alabama. The MOA is enforceable against the parties by
their consent in the MOA to allow the Attorney General for the State of
Alabama to sue any or all of the agencies for specific performance or
other relief on behalf of the citizens of Alabama. On January 4, 2007,
ADEM held a public hearing for the transportation conformity MOA and
rulemaking. The final MOA was issued by Alabama on April 3, 2007, and
subsequently submitted to EPA as a SIP revision. On October 8, 2008,
ADEM held a public hearing for a second revision to the transportation
conformity rulemaking. The final rulemaking package for the second
revision was issued by Alabama on December 12, 2008, and subsequently
submitted to EPA as a SIP revision.
EPA has evaluated this SIP revision and has determined that the
State has met the requirements of federal transportation conformity
rules as described in 40 CFR part 51, subpart T and 40 CFR part 93,
subpart A. ADEM has satisfied the public participation and
comprehensive interagency consultation requirement during development
and adoption of the MOA at the local level. Therefore, EPA is approving
the revision to the Alabama SIP, as well as AAC Chapters 335-3-17-.01
and .02, ``Conformity of Federal Actions to State Implementation
Plans.'' EPA's rules requires the states to develop their own processes
and procedures for interagency consultation among the Federal, state,
and local agencies and resolution of conflicts meeting the criteria in
40 CFR 93.105. The SIP revision must include processes and procedures
to be followed by the MPO, state DOT, and U.S. Department of
Transportation in consulting with the state and local air quality
agencies and
[[Page 13121]]
EPA before making conformity determinations. The transportation
conformity SIP revision must also include processes and procedures for
the state and local air quality agencies and EPA to coordinate the
development of applicable SIPs with MPOs, state DOTs, and the U.S.
Department of Transportation.
EPA has reviewed the submittal to ensure consistency with the CAA
as amended by SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR
51.390) governing state procedures for transportation conformity and
interagency consultation and have concluded that the submittal is
approvable. Details of our review are set forth in a technical support
document (TSD), which has been included in the docket for this action.
Specifically, in the TSD, we identify how the submitted procedures
satisfy our requirements under 40 CFR 93.105 for interagency
consultation with respect to the development of transportation plans
and programs, SIPs, and conformity determinations, the resolution of
conflicts, and the provision of adequate public consultation, and our
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and mitigation measures.
IV. Public Comment and Final Action
For the reasons set forth above, EPA is taking action under section
110 of the Act to approve the MOA implementing the conformity criteria
and consultation procedures revision to the Alabama SIP pursuant to the
CAA, as a revision to the Alabama SIP. As a result of this action, the
Birmingham area's previously SIP-approved conformity procedures for the
Birmingham area (79 FR 7487, April 23, 2003) will be replaced by the
procedures adopted by State of Alabama on February 23, 2007, and
December 12, 2008, submitted to EPA on March 7, 2007, and January 8,
2009, for approval, and now being approved into the SIP. This action
also establishes consultation procedures for the portion of Jackson
County designated nonattainment, adopted by the State of Alabama on
February 23, 2007, and December 12, 2008, and submitted to EPA on March
7, 2007, and January 8, 2009, for approval. Additionally, this action
will approve the revision of Chapter 335-3-1-.14 and the addition of
Chapter 335-3-1-.16, in order to fulfill the emission reporting
requirements under 40 CFR 51.125.
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 26, 2009
without further notice unless the Agency receives adverse comments by
April 27, 2009.
If EPA receives such comments, then 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. 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 26, 2009 and no
further action will be taken on the proposed rule.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 26, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register; rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may
[[Page 13122]]
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, Incorporation by reference, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 25, 2009.
Beverly H. Banister,
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(e) is amended by adding a new entry at the end of the
table for ``Conformity SIP for Birmingham and Jackson County'' to read
as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Conformity SIP for Birmingham Jefferson County, 12/12/2008 3/26/2009 [Insert
and Jackson County. Shelby County, citation of
Jackson County. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. E9-6647 Filed 3-25-09; 8:45 am]
BILLING CODE 6560-50-P
