VOL. 58, No. 7
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Part 81
Designation of Areas for Air Quality Planning Purposes
58 FR 3848
DATE: Tuesday, January 12, 1993
ACTION: Final rule.
SUMMARY: On April 8, 1992, the Alabama Department of Environmental Management (ADEM) submitted a request for redesignation to attainment for sulfur dioxide (SO2) in Colbert and Lauderdale Counties, Alabama. The redesignation request included five years of quality assured monitoring data which showed no exceedances of the National Ambient Air Quality Standards (NAAQS) for SO2. The State has also implemented controls to reduce emissions to the level indicated by dispersion modeling. EPA is redesignating Colbert County, Alabama, and Lauderdale County, Alabama to attainment for sulfur dioxide (SO2).
DATES: This action will be effective March 15, 1993 unless notice is received within 30 days that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of the material submitted by Alabama may be examined during normal business hours at the following locations.
Public Information Reference Unit, Library Systems Branch, Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460
Region IV Air Programs Branch, Environmental Protection Agency, 345 Courtland Street, Atlanta, Georgia 30365
Air Division, Alabama Department of Environmental Management, 1751 Congressman W.L. Dickinson Drive, Montgomery, Alabama 36109.
FOR FURTHER INFORMATION CONTACT: Scott Miller of the Region IV Air Programs Branch at 404-347-2864 and at the above address.
SUPPLEMENTARY INFORMATION: In a Federal Register notice published March 3, 1978, Lauderdale and Colbert Counties, Alabama, were designated as nonattainment for SO2. On April 8, 1992, the Air Division of ADEM submitted a request for Colbert and Lauderdale Counties to be redesignated to attainment for SO2.
This request was based on five years (1987-1991) of quality assured monitoring data obtained from the four ambient monitors located in both counties which showed that Colbert County and Lauderdale County had not violated the National Ambient Air Quality Standard (NAAQS) for SO2. The State has also implemented controls to reduce emissions to the level indicated by dispersion modeling. The State of Alabama has met all of the Clean Air Act Amendments of 1990 (CAAA) requirements for redesignation pursuant to 107(d)(3)(E).
SS 107(d)(3)(E)(i) The Administrator has determined that the area has attained the National Ambient Air Quality Standard.
Alabama submitted air quality data showing that Lauderdale and Colbert Counties have attained the sulfur dioxide NAAQS for the five year period, 1987-1991. During that period there were no exceedances, and hence, no violations of the sulfur dioxide standard.
SS 107(d)(3)(E)(ii) The Administrator has fully approved the applicable implementation plan for the area under Section 110(k).
The Alabama SO2 SIP is fully approved and meets all requirements under section 110(k) which are applicable to the Colbert and Lauderdale County areas. Under section 110(k)(5) of the CAAA, whenever the Administrator finds that a SIP is substantially inadequate to attain or maintain the relevant NAAQS, the Administrator shall require the state to revise the plan as necessary to correct such inadequacies. A source specific SIP revision was published in the Federal Register at 55 FR 2235 on January 23, 1990. The notice revised Plant Colbert's operating permit to reduce allowable SO2 emissions from 4.0 lbs SO2 emitted/mmBTU to 2.2 lbs SO2 emitted/mmBTU.
SS 107(d)(3)(E)(iii) The Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable implementation plan and applicable Federal air pollutant control regulations and other permanent and enforceable reductions.
TVA Plant Colbert comprises the only significant source of SO2 emissions in Lauderdale and Colbert Counties. Therefore, all SO2 emission reductions came from this source. TVA Plant Colbert's new allowable emission rate of 2.2 lbs SO2 emitted/mmBTU was made permanent and federally enforceable through a source specific SIP revision published January 23, 1990 at 55 FR 2235. The revision was made to ensure that no emission limit reflects credit for the use of any stack height greater than Good Engineering Practice (GEP). Dispersion modeling was required for all sources including Plant Colbert that were identified as utilizing stack heights or dispersion techniques prohibited by the GEP regulations. Dispersion modeling results for Plant Colbert showed that it would be necessary to revise the allowable SO2 emission rate from 4.0 lbs SO2 emitted/mmBTU to 2.2 lbs SO2 emitted/mmBTU. This reduction of credit for stack heights in excess of GEP ensures protection of the NAAQS at ground level as well as decreasing interstate impacts from SO2 transport. Therefore, permanent enforceable SO2 emissions reductions have been made through State and Federal programs.
SS 107(d)(3)(E)(iv) The Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175A.
ADEM submitted a maintenance plan pursuant to section 175A. However, since Colbert and Lauderdale Counties are secondary nonattainment for SO2, this maintenance plan is not required by EPA for redesignation.
SS 107(d)(3)(E)(v) The State containing such area has met all requirements applicable to the area under section 110 and part D.
The State has complied with all requirements for section 110 of the Act and part D. In addition, a PSD program exists and will apply in Lauderdale and Colbert Counties upon redesignation to attainment. Therefore, the State has complied with all requirements of section 110 and Part D of the Act. Therefore, all of the requirements of section 107(d)(3)(E) have been satisfied.
Additional information is provided in a Technical Support Document which contains a detailed review of the material submitted. This is available at the EPA address given previously.
EPA is approving the redesignation of Colbert and Lauderdale Counties, Alabama, to attainment for SO2 . This action is being taken without prior proposal because the changes are noncontroversial and EPA anticipates no significant comments on them. The public should be advised that this action will be effective 60 days from the date of this Federal Register notice. However, if notice is received within 30 days that someone wishes to submit adverse or critical comments, this action will be withdrawn and two subsequent notices will be published before the effective date. One notice will withdraw the final action and another will begin a new rulemaking by announcing a proposal of the action and establishing a comment period.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.
Redesignation of an area to attainment under section 107(d)(3)(E) of the CAA does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any regulatory requirements on sources. The Administrator certifies that the approval of the redesignation request will not affect a substantial number of small entities.
This action has been classified as a table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 6, 1989, (54 FR 2214-2225). On January 6, 1989, the Office of Management and Budget waived table 2 and table 3 SIP revisions (54 FR 2222) from the requirements of section 3 of Executive Order 12291 for two years.
EPA has submitted a request for a permanent waiver for table 2 and table 3 SIP revisions. OMB has agreed to continue the temporary waiver until such time as it rules on EPA's request.
Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate by March 15, 1993. This action may not be challenged later in proceedings to enforce its requirements. (See 307(b)(2).)
Nothing in this action shall be construed as permitting or allowing or establishing a precedent for any future request for a redesignation of any nonattainment area. Each request for redesignation of any nonattainment area shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: December 15, 1992.
Patrick M. Tobin, Acting Regional Administrator.
PART 81 -- DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
40 CFR part 81, subpart C, is amended as follows:
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7407, 7501-7515, 7601.
2. Section 81.301 is amended by revising the table for "Alabama -- SO2 " to read as follows:
SS 81.301 Alabama.
* * * * * Alabama -- Sulfur Dioxide Designated Does Does Cannot Better than natl standards area not not be meet meet classified primary secondary standardsstandards Statewide ........ ........ .......... X [FR Doc. 93-643 Filed 1-11-93; 8:45 am] BILLING CODE 6560-50-M