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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations 76695
3. E-mail: difrank.stacy@epa.gov. i.e., CBI or other information whose A number of parties, including certain
4. Fax: (404) 562–9019. disclosure is restricted by statute. States as well as industry and labor
5. Mail: ‘‘R04–OAR–2005–AL–0001,’’ Certain other material, such as groups, challenged the NOX SIP Call
Regulatory Development Section, Air copyrighted material, is not placed on rule. On March 2, 2000 (65 FR 11222),
Planning Branch, Air, Pesticides and the Internet and will be publicly EPA published additional technical
Toxics Management Division, U.S. available only in hard copy form. amendments to the NOX SIP Call in the
Environmental Protection Agency, Publicly available docket materials are Federal Register. On March 3, 2000, the
Region 4, 61 Forsyth Street, SW., available either electronically in RME or D.C. Circuit issued its decision on the
Atlanta, Georgia 30303–8960. in hard copy at the Regulatory NOX SIP Call, ruling in favor of EPA on
6. Hand Delivery or Courier. Deliver Development Section, Air planning all the major issues. Michigan v. EPA,
your comments to: Stacy DiFrank, Branch, Air, Pesticides and Toxics 213 F.3d 663 (D.C. Cir. 2000). The DC
Regulatory Development Section, Air Management Division, U.S. Circuit Court denied petitioners’
Planning Branch, Air, Pesticides and Environmental Protection Agency, requests for rehearing or rehearing en
Toxics Management Division, U.S. Region 4, 61 Forsyth Street, SW., banc on July 22, 2000. However, the
Environmental Protection Agency, Atlanta, Georgia 30303–8960. EPA Circuit Court remanded four specific
Region 4, 61 Forsyth Street, SW., requests that if at all possible, you elements to EPA for further action: (1)
Atlanta, Georgia 30303–8960. Such contact the person listed in the FOR The definition of EGU, (2) the level of
deliveries are only accepted during the FURTHER INFORMATION CONTACT section to control for stationary IC engines, (3) the
Regional Office’s normal hours of schedule your inspection. The Regional geographic extent of the NOX SIP Call
operation. The Regional Office’s official Office’s official hours of business are for Georgia and Missouri, and (4) the
hours of business are Monday through Monday through Friday, 8:30 to 4:30, inclusion of Wisconsin. On March 5,
Friday, 8:30 to 4:30, excluding Federal excluding Federal holidays. 2001, the U.S. Supreme Court declined
holidays. to hear an appeal by various utilities,
FOR FURTHER INFORMATION CONTACT:
Instructions: Direct your comments to industry groups and a number of
RME ID No. R04–OAR–2005–AL–0001. Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, upwind states from the DC Circuit’s
EPA’s policy is that all comments ruling on EPA’s NOX SIP Call rule.
received will be included in the public Pesticides and Toxics Management
Division, U.S. Environmental Protection On October 13, 2000, the Alabama
docket without change and may be Department of Environmental
made available on-line at http:// Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The Management (ADEM) submitted a draft
docket.epa.gov/rmepub/, including any NOX emission control rule to the EPA.
personal information provided, unless telephone number is (404) 562–9042.
Ms. DiFrank can also be reached via On March 12, 2001, ADEM submitted
the comment includes information final revisions to its SIP that complied
claimed to be Confidential Business electronic mail at
with the requirements of the NOX SIP
Information (CBI) or other information difrank.stacy@epa.gov.
Call Phase I (see 66 FR 27047, May 16,
whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: 2001).
Do not submit information that you EPA published a final rule, dated
I. Background
consider to be CBI or otherwise April 21, 2004 (69 FR 21604), that
protected through RME, regulations.gov, On October 27, 1998, EPA published addresses the remanded portion of the
or e-mail. The EPA RME Web site and a final rule known as the ‘‘NOX SIP NOX SIP Call Rule. This rule is entitled,
the Federal regulations.gov Web site are Call’’ (See 63 FR 57356). The NOX SIP ‘‘Interstate Ozone Transport: Response
‘‘anonymous access’’ systems, which Call requires 22 states, including the to Court Decisions on the NOX SIP Call,
means EPA will not know your identity State of Alabama, and the District of NOX SIP Call Technical Amendments,
or contact information unless you Columbia (DC) to meet statewide NOX and Section 126 Rules,’’ otherwise
provide it in the body of your comment. emission budgets during the ozone known as the ‘‘NOX SIP Rule Phase II.’’
If you send an e-mail comment directly season in order to reduce the amount of This action finalizes specific changes in
to EPA without going through RME or ground level ozone that is transported response to the Court’s rulings on the
regulations.gov, your e-mail address across the eastern United States (Phase NOX SIP Call. Specifically, it finalizes
will be automatically captured and I). EPA identified NOX emission certain aspects of the definitions of EGU
included as part of the comment that is reductions by source category that could and non-EGU, the control level assumed
placed in the public docket and made be achieved by suing cost-effective for large stationary IC engines in the
available on the Internet. If you submit measures. The source categories include NOX SIP Call, partial State budgets for
an electronic comment, EPA electric generating units (EGUs), non- Georgia, Missouri, Alabama, and
recommends that you include your electric generating units (non-EGUs), Michigan in the NOX SIP Call, changes
name and other contact information in internal combustion (IC) engines, and to the statewide NOX budgets, the SIP
the body of your comment and with any cement kilns. EPA determined that submittal dates for the required States to
disk or CD–ROM you submit. If EPA state-wide NOX emission budgets based address the Phase II portion of the
cannot read your comment due to on the implementation of these cost budget, and for Georgia and Missouri to
technical difficulties and cannot contact effective controls for each affected submit full SIPs meeting the NOX SIP
you for clarification, EPA may not be jurisdiction are to be met by the year Call and the exclusion of Wisconsin
able to consider your comment. 2007. The Phase I NOX SIP Call gave from the NOX SIP Call (See 69 FR
Electronic files should avoid the use of states the flexibility to decide which 21604, April 21, 2004). This final rule
special characters, any form of source categories to regulate in order to also requires States that submitted NOX
encryption, and be free of any defects or meet the statewide budgets. IC engines SIP Call Phase I revisions to submit
viruses. were not addressed by Alabama in Phase II SIP Revisions as needed to
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Docket: All documents in the response to Phase I, but are addressed achieve the necessary incremental
electronic docket are listed in the RME in Phase II. For more information reductions of NOX.
index at http://docket.epa.gov/rmepub/. regarding the specifics of these Phase I Additional emission reductions
Although listed in the index, some source categories and budgets, see 66 FR required as a result of this final
information is not publicly available, 27047, May 16, 2001. rulemaking are reflected in the Phase II
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76696 Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
portion of the State’s emission budget. this rule will be effective on February Environmental Health Risks and Safety
On April 11, 2000, in response to the 27, 2006 and no further action will be Risks’’ (62 FR 19885, April 23, 1997),
Court’s decision, EPA notified Alabama taken on the proposed rule. Please note because it is not economically
of the maximum amount of NOX that if we receive adverse comment on significant.
emissions allowed for the State during an amendment, paragraph, or section of In reviewing SIP submissions, EPA’s
the ozone season. This emission budget this rule and if that provision may be rule is to approve state choices,
reflected adjustments to Alabama’s NOX severed from the remainder of the rule, provided that they meet the criteria of
emission budget to reflect the Court’s we may adopt as final those provisions the Clean Air Act. In this context, in the
decision that Georgia and Missouri of the rule that are not the subject of an absence of a prior existing requirement
should not be included in full. Although adverse comment. for the State to use voluntary consensus
the Court did not order EPA to modify standards (VCS), EPA has no authority
IV. Statutory and Executive Order to disapprove a SIP submission for
Alabama’s budget, the EPA believes
Reviews failure to use VCS. It would thus be
these adjustments are consistent with
the Court’s decision. Under Executive Order 12866 (58 FR inconsistent with applicable law for
51735, October 4, 1993), this action is EPA, when it reviews a SIP submission,
II. Analysis of State’s Submittal not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
The State of Alabama submitted a therefore is not subject to review by the that otherwise satisfies the provisions of
revision to its SIP on February 23, 2005. Office of Management and Budget. For the Clean Air Act. Thus, the
The revision responds to the NOX SIP this reason, this action is also not requirements of section 12(d) of the
Call Phase II (69 FR 21604, April 21, subject to Executive Order 13211, National Technology Transfer and
2004). ADEM is revising its regulations ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C.
to remain consistent with EPA Significantly Affect Energy Supply, 272 note) do not apply. This rule does
requirements. The addition of the Distribution, or Use’’ (66 FR 28355, May not impose an information collection
proposed regulation to Chapter 335–3– 22, 2001). This action merely approves burden under the provisions of the
8, specifically Rule 335–3–8–.04, fulfills state law as meeting Federal Paperwork Reduction Act of 1995 (44
this requirement. requirements and imposes no additional U.S.C. 3501 et seq.).
The NOX SIP Call Phase II (69 FR requirements beyond those imposed by The Congressional Review Act, 5
21604) required NOX reductions for state law. Accordingly, the U.S.C. 801 et seq., as added by the Small
4,968 tons for Alabama. However, upon Administrator certifies that this rule Business Regulatory Enforcement
further calculation it was determined will not have a significant economic Fairness Act of 1996, generally provides
that the required NOX reduction for impact on a substantial number of small that before a rule may take effect, the
Alabama is 4,895 tons. entities under the Regulatory Flexibility agency promulgating the rule must
The revision also includes changes to Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
Rule 335–3–3. A typographical error is rule approves pre-existing requirements copy of the rule, to each House of the
corrected in Rule 335–3–3–.01(2), under state law and does not impose Congress and to the Comptroller General
changing the word ‘‘not’’ to ‘‘nor’’ in the any additional enforceable duty beyond of the United States. EPA will submit a
second sentence and 335–3–3–.01(2)(d) that required by state law, it does not report containing this rule and other
is being revised to delete an expired contain any unfunded mandate or required information to the U.S. Senate,
provision pertaining to open burning in significantly or uniquely affect small the U.S. House of Representatives, and
Morgan County in 2003. governments, as described in the the Comptroller General of the United
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in
III. Final Action
(Pub. L. 104–4). the Federal Register. A major rule
EPA is approving the aforementioned This rule also does not have tribal cannot take effect until 60 days after it
changes to the SIP. EPA is publishing implications because it will not have a is published in the Federal Register.
this rule without prior proposal because substantial direct effect on one or more This action is not a ‘‘major rule’’ as
the Agency views this as a non- Indian tribes, on the relationship defined by 5 U.S.C 804(2).
controversial submittal and anticipates between the Federal Government and Under section 307(b)(1) of the Clean
no adverse comments. However, in the Indian tribes, or on the distribution of Air Act, petitions for judicial review of
proposed rules section of this Federal power and responsibilities between the this action must be filed in the United
Register publication, EPA is publishing Federal Government and Indian tribes, States Court of Appeals for the
a separate document that will serve as as specified by Executive Order 13175 appropriate circuit by February 27,
the proposal to approve the SIP revision (65 FR 67249, November 9, 2000). This 2006. Filing a petition for
should adverse comments be filed. This action also does not have Federalism reconsideration by the Administrator of
rule will be effective February 27, 2006 implications because it does not have this final rule does not affect the finality
without further notice unless the substantial direct effects on the states, of this rule for the purposes of judicial
Agency receives adverse comments by on the relationship between the national review nor does it extend the time
January 27, 2006. government and the states, or on the within which a petition for judicial
If the EPA receives such comments, distribution of power and review may be filed, and shall not
then EPA will publish a document responsibilities among the various postpone the effectiveness of such rule
withdrawing the final rule and levels of government, as specified in or action. This action may not be
informing the public that the rule will Executive Order 13132 (64 FR 43255, challenged later in proceedings to
not take effect. All public comments August 10, 1999). This action merely enforce its requirements. (See section
received will then be addressed in a approves a state rule implementing a 307(b)(2).)
subsequent final rule based on the Federal standard, and does not alter the
List of Subjects in 40 CFR Part 52
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proposed rule. The EPA will not relationship or the distribution of power
institute a second comment period. and responsibilities established in the Environmental protection, Air
Parties interested in commenting should Clean Air Act. This rule also is not pollution control, Intergovernmental
do so at this time. If no such comments subject to Executive Order 13045 relations, Nitrogen dioxide, Ozone,
are received, the public is advised that ‘‘Protection of Children from Particulate matter, Reporting and
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations 76697
recordkeeping requirements, Volatile PART 52—[AMENDED] 3.01’’ and ‘‘Section 335–3–8.04’’ to read
organic compounds. as follows:
■ 1. The authority citation for part 52
Dated: December 9, 2005. continues to read as follows: § 52.50 Identification of plan.
A. Stanley Meiburg, Authority: 42 U.S.C. 7401 et seq. * * * * *
Acting Regional Administrator, Region 4.
Subpart B—Alabama (c) * * *
■ Chapter I, Title 40, Code of Federal
Regulations, is amended as follows: ■ 2. Section 52.50(c) is amended by
revising entries for ‘‘Section 335–3–
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Section 335–3–3–.01 Open Burning ....................................................................... mm/dd/yy 12/28/05 [insert citation
of publication].
* * * * * * *
Chapter 335–3–8 Control of Nitrogen Oxide Emissions
* * * * * * *
Section 335–3–8–.04 Standards for Stationary Reciprocating Internal Combus- mm/dd/yy 12/28/05 [insert citation
tion Engines. of publication].
* * * * * * *
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