Federal Register: June 22, 2006 (Volume 71, Number 120)
DOCID: FR Doc 06-5598
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R04-OAR-2006-0376-200611a; FRL-8187-1]
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
Approval and Promulgation of Implementation Plans Alabama: Open Burning Revision
DATES: This direct final rule is effective August 21, 2006 without further notice, unless EPA receives adverse comment by July 24, 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.
EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on March 9, 2006. The revisions include modifications to Alabama's open burning rules found at Alabama Administrative Code (AAC) Chapter 33533.01. These revisions are part of Alabama's strategy to meet the national ambient air quality standards (NAAQS) for fine particulates (PM2.5) and ozone. Open burning creates smoke that contains fine particles, volatile organic compounds and nitrogen oxides, precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (MaySeptember), and that PM2.5 levels remain elevated into October. These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. This action is being taken pursuant to section 110 of the Clean Air Act (CAA).
I. Today's Action
On March 9, 2006, 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 33533.01. These rules became state effective on April 4, 2006.
In summary, the revisions submitted by ADEM include changes to the duration and location of open burning, and add other specific requirements for open burning for 2006 only. The original provisions that were part of Chapter 33533.01(2) still exist, with the exception of subpart (d), which was modified to include the month of October and four additional counties. These requirements include expansion of the seasonal May, June, July, August and September ban on open burning to now include the month of October, and the additional counties of DeKalb, Etowah, Russell, and Talladega. In addition, a new provision, 33533.01(2)(e) was added. The new provision also describes additional requirements for open burning during 2006 only, which allows open burning during the months of May, June, July, August, September and October in DeKalb, Etowah, Russell, and Talladega Counties, provided an air curtain incinerator is used to conduct the open burning. The proposed revisions summarized above are approvable pursuant to section 110 of the CAA.
II. Final Action
EPA is now taking direct final action to approve the proposed revisions, specifically, AAC Chapter 33533.01, into the Alabama SIP. This revision was submitted by ADEM on March 9, 2006. These revisions include the entirety of Alabama's open burning rules and are part of the State's strategy to meet the NAAQS by reducing emissions of volatile organic compounds, fine particulates and nitrogen oxides.
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 August 21, 2006 without further notice unless the Agency receives adverse comments by July 24, 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 August 21, 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 preexisting 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. 1044).
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 (65 FR 67249, 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, U.S.C. section 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 August 21, 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: June 12, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.50(c) is amended by revising the entry for ``Section 335 33.01'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA Approved Alabama Regulations State EPA approval State citation Title/subject effective date date Explanation Chapter 33533 Control of Open Burning and Incineration [[Page 35804]]
* * * * * * * Section 33533.01........ Open Burning.... 04/04/2006 06/22/2006 [Insert citation of publication] * * * * * * * * * * * *
[FR Doc. 065598 Filed 62106; 8:45 am]
BILLING CODE 656050P
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 303038960. The telephone number is (404)
5629042. Ms. DiFrank can also be reached via electronic mail at