Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 18870 [2011-8334]

Download as PDF 18870 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 40 CFR Part 51 Requirements for Preparation, Adoption, and Submittal of Implementation Plans CFR Correction In Title 40 of the Code of Federal Regulations, Parts 50 to 51, revised as of July 1, 2010, on page 265, in § 51.166, paragraph (b)(49)(vi) is added to read as follows: § 51.166 Prevention of significant deterioration of air quality. * * * * * (b) * * * (49) * * * (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included. * * * * * [FR Doc. 2011–8334 Filed 4–5–11; 8:45 am] BILLING CODE 1505–01–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 erowe on DSK5CLS3C1PROD with RULES [EPA–R04–OAR–2005–AL–0002–201047; FRL–9290–3] Approval and Promulgation of Implementation Plans: Alabama: Final Disapproval of Revisions to the Visible Emissions Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: VerDate Mar<15>2010 15:31 Apr 05, 2011 Jkt 223001 EPA is taking final action to amend an October 15, 2008, final rulemaking on two State Implementation Plan (SIP) revisions regarding the State of Alabama’s rules for visible emissions from certain stationary sources. EPA has now determined upon reconsideration that Alabama’s SIP revisions, dated September 11, 2003, and August 22, 2008, are not approvable pursuant to the Clean Air Act (CAA or Act) section 110(l). Accordingly, EPA is disapproving the two SIP revisions provided to EPA by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), dated September 11, 2003, and August 22, 2008 (Submittals). No further action is required by Alabama because the SIP revisions were not required by the CAA. As a result of this action, Alabama’s visible emissions rule that was in the SIP prior to the October 15, 2008, final action will be the current SIP-approved rule as of the effective date of this action. EPA urges Alabama to undertake rulemaking that will bring its Stateeffective rule into conformance with its SIP-approved rule. DATES: Effective Date: This rule will be effective May 6, 2011. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2005–AL–0002. All documents in the docket are listed on the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (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 through https:// 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: Ms. Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics SUMMARY: ENVIRONMENTAL PROTECTION AGENCY PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9040. Ms. Benjamin can also be reached via electronic mail at benjamin.lynorae@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. What is the background for this action? II. What action is EPA taking and what is EPA’s rationale for disapproving the submittals? III. Response to Comments IV. Final Action V. Statutory and Executive Order Reviews I. What is the background for this action? This action follows three key EPA actions regarding Alabama’s request for approval of the two visible emissions SIP revisions. The first was an October 15, 2008, final rule (73 FR 60957) approving revisions to the Alabama SIP embodied in two submittals dated September 11, 2003, and August 22, 2008 (Submittals). The second was an April 3, 2009, action granting a February 25, 2009, petition for reconsideration on the October 15, 2008, final action which had approved the SIP revisions. The third was an October 2, 2009, proposed rule (74 FR 50930) identifying two alternative options being considered by EPA as part of the reconsideration process (the alternative proposals were either to affirm the October 15, 2008, rulemaking, thereby approving Alabama’s Submittals or to amend the October 15, 2008, rulemaking, thereby disapproving Alabama’s Submittals). EPA has now determined that Alabama’s Submittals are not approvable pursuant to CAA section 110(l). Detailed background information for this action is available in the proposed rulemaking published on October 2, 2009. 74 FR 50930. In relevant but brief part, on September 11, 2003, ADEM submitted a voluntary 1 request for EPA approval of a SIP revision (2003 Submittal) containing proposed revisions to the existing EPA-approved visible emissions portion of the Alabama SIP, found at Alabama Administrative Code (AAC) 335–3–4–.01, ‘‘Visible Emissions,’’ and pertaining to sources of particulate matter (PM) emissions.2 In 1 The request was ‘‘voluntary’’ because it was not specifically required by the CAA or its implementing regulations, rather, ADEM chose to revise its rules and submit the SIP revision. 2 PM particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers are referred to as PM10; PM particles with an aerodynamic diameter less than or equal to a E:\FR\FM\06APR1.SGM 06APR1

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[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Rules and Regulations]
[Page 18870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8334]



[[Page 18870]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51


Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans

CFR Correction

    In Title 40 of the Code of Federal Regulations, Parts 50 to 51, 
revised as of July 1, 2010, on page 265, in Sec.  51.166, paragraph 
(b)(49)(vi) is added to read as follows:


Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (49) * * *
    (vi) Particulate matter (PM) emissions, PM2.5 emissions, 
and PM10 emissions shall include gaseous emissions from a 
source or activity which condense to form particulate matter at ambient 
temperatures. On or after January 1, 2011 (or any earlier date 
established in the upcoming rulemaking codifying test methods), such 
condensable particulate matter shall be accounted for in applicability 
determinations and in establishing emissions limitations for PM, 
PM2.5 and PM10 in PSD permits. Compliance with 
emissions limitations for PM, PM2.5 and PM10 
issued prior to this date shall not be based on condensable particular 
matter unless required by the terms and conditions of the permit or the 
applicable implementation plan. Applicability determinations made prior 
to this date without accounting for condensable particular matter shall 
not be considered in violation of this section unless the applicable 
implementation plan required condensable particular matter to be 
included.
* * * * *
[FR Doc. 2011-8334 Filed 4-5-11; 8:45 am]
BILLING CODE 1505-01-D
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