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Federal Register / Vol. 71, No.

92 / Friday, May 12, 2006 / Rules and Regulations 27631

required information to the U.S. Senate, challenged later in proceedings to Dated: May 1, 2006.
the U.S. House of Representatives, and enforce its requirements. (See section James B. Gulliford,
the Comptroller General of the United 307(b)(2).) Regional Administrator , Region 7.
States prior to publication of the rule in
List of Subjects ■ Chapter I, Title 40 of the Code of
the Federal Register. A major rule
Federal Regulations is amended as
cannot take effect until 60 days after it 40 CFR Part 52
is published in the Federal Register.
This action is not a ‘‘major rule’’ as Environmental protection, Air
pollution control, Carbon monoxide, PART 52—[AMENDED]
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, Incorporation by reference, ■ 1. The authority citation for part 52
petitions for judicial review of this Intergovernmental relations, Lead, continues to read as follows:
action must be filed in the United States Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq.
Court of Appeals for the appropriate
circuit by July 11, 2006. Filing a petition requirements, Sulfur oxides, Volatile Subpart AA—Missouri
for reconsideration by the Administrator organic compounds.
of this final rule does not affect the 40 CFR Part 70 ■ 2. In § 52.1320(c) the table is amended
finality of this rule for the purposes of under Chapter 6 by revising the entry
judicial review nor does it extend the Administrative practice and for ‘‘10–6.110’’ to read as follows:
time within which a petition for judicial procedure, Air pollution control,
review may be filed, and shall not Intergovernmental relations, Operating § 52.1320 Identification of plan.
postpone the effectiveness of such rule permits, Reporting and recordkeeping * * * * *
or action. This action may not be requirements. (c) * * *


State EPA
Missouri citation Title effective approval Explanation
date date

Missouri Department of Natural Resources

* * * * * * *

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of

* * * * * * *

10-6.110 ................................... Submission of Emission Data, 12/30/05 5/12/06 [insert FR page num- Section (3)(D), Emission Fees,
Emission Fees, and Proc- ber where the document be- has not been approved as
ess Information. gins]. part of the SIP

* * * * * * *

* * * * * Information’’ on January 5, 2006, approval of ACTION: Final rule.

section (3)(D) effective July 11, 2006.
PART 70—[AMENDED] * * * * * SUMMARY: EPA is approving a request,
submitted in draft on November 16,
[FR Doc. 06–4432 Filed 5–11–06; 8:45 am]
■ 1. The authority citation for part 70 2005, and in final on January 27, 2006,
continues to read as follows: through the Alabama Department of
Environmental Management (ADEM), to
Authority: 42 U.S.C. 7401, et seq. redesignate the Birmingham 8-hour
Appendix A—[Amended] ozone nonattainment area (Birmingham
area) to attainment for the 8-hour ozone
■ 2. Appendix A to part 70 is amended 40 CFR Parts 52 and 81 National Ambient Air Quality Standard
by adding paragraph (q) under Missouri (NAAQS). The Birmingham area is
composed of two counties, Jefferson and
to read as follows: [EPA–OAR–2005–AL–0003–200608; FRL–
Shelby. EPA’s approval of the
Appendix A to Part 70—Approval redesignation request is based on the
Status of State and Local Operating Approval and Promulgation of determination that the Birmingham area
Permits Programs Implementation Plans and Designation and the State of Alabama have met the
of Areas for Air Quality Planning criteria for redesignation to attainment
* * * * * set forth in the Clean Air Act (CAA),
Missouri Purposes; Alabama; Redesignation of
the Birmingham, AL 8-Hour Ozone including the determination that the
* * * * * Birmingham area has attained the 8-
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Nonattainment Area to Attainment for

(q) The Missouri Department of Natural Ozone hour ozone standard. Additionally, EPA
Resources submitted revisions to Missouri is approving an Alabama State
rule 10 CSR 10–6.110, ‘‘Submission of AGENCY: Environmental Protection Implementation Plan (SIP) revision
Emission Data, Emission Fees, and Process Agency (EPA). containing a maintenance plan with a

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27632 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations

2017 end year for the Birmingham area approval of an Alabama draft SIP to approve the State’s redesignation
and approving the new Motor Vehicle revision containing a maintenance plan. request and to change the legal
Emission Budgets (MVEBs) for the year On January 27, 2006, the State designation of the Birmingham area
2017 that are contained in the submitted its final adopted SIP revision from nonattainment to attainment for
maintenance plan. This final rule also and redesignation request. In an action the 8-hour ozone NAAQS. The
addresses comments made on EPA’s published on January 25, 2006 (71 FR Birmingham area is composed of two
proposed rulemaking for this action, 4077), EPA proposed to approve the counties, Jefferson and Shelby. EPA is
previously published January 25, 2006 redesignation of the Birmingham area to also approving Alabama’s 8-hour ozone
(71 FR 4077). attainment. EPA also proposed approval maintenance plan for Jefferson and
DATES: Effective Date: This rule will be of the State’s plan for maintaining the 8- Shelby Counties (such approval being
effective June 12, 2006. hour ozone NAAQS as a SIP revision, one of the CAA criteria for redesignation
ADDRESSES: EPA has established a and proposed to approve the MVEBs for to attainment status). The maintenance
docket for this action under Docket the Birmingham area contained in the plan is designed to help keep the
Identification No. EPA–OAR–2005–AL– maintenance plan. Birmingham area in attainment for the
0003. All documents in the docket are This rule is EPA’s final action on the 8-hour ozone NAAQS through 2017.
January 25, 2006, proposed rule. Since These approval actions are based on
listed on the Web
the final, State-adopted SIP revision EPA’s determination that Alabama has
site. Although listed in the index, some
request is substantially the same as that demonstrated that the Birmingham area
information is not publicly available,
submitted for parallel processing by has met the criteria for redesignation to
i.e., Confidential Business Information
EPA and contains no significant attainment specified in the CAA,
or other information whose disclosure is
revisions, we will not publish an including the demonstration that the
restricted by statute. Certain other
additional proposed rule on this State Birmingham area has attained the 8-
material, such as copyrighted material,
submittal. hour ozone standard. EPA’s analyses of
is not placed on the Internet and will be During the comment period for EPA’s the Birmingham 8-hour ozone
publicly available only in hard copy proposal, one commenter submitted redesignation request and maintenance
form. Publicly available docket adverse comments. EPA is addressing plan are described in detail in the
materials are available either these comments in this action, and is proposed rule published January 25,
electronically through taking final action as described in 2006 (71 FR 4077). or in hard copy at section II and section V. In this action, EPA is also approving
the Regulatory Development Section, EPA is also providing information on the MVEBs. For regional emission
Air Planning Branch, Air, Pesticides and the status of the Agency’s transportation analysis years that involve the year 2017
Toxics Management Division, U.S. conformity adequacy determination for or beyond, the applicable budget for the
Environmental Protection Agency, the new MVEBs for the year 2017 that purpose of conducting transportation
Region 4, 61 Forsyth Street, SW., are contained in the maintenance plan conformity analysis are the new 2017
Atlanta, Georgia 30303–8960. EPA for the Birmingham area. The MVEBs. EPA determined that the 2017
requests that if at all possible, you maintenance plan establishes MVEBs MVEBs are adequate through a previous
contact the person listed in the FOR for the year 2017 of 23 tons per day action. EPA is approving such MVEBs
FURTHER INFORMATION CONTACT section to (tpd) for volatile organic compounds in this action.
schedule your inspection. The Regional (VOCs) and 42 tpd for nitrogen oxides Additionally, in this action, EPA is
Office’s official hours of business are (NOX). EPA’s adequacy public comment responding to the adverse comments
Monday through Friday, 8:30 to 4:30 period on these budgets began on received on the January 25, 2006 (71 FR
excluding legal holidays. November 17, 2005, and closed on 4077), rulemaking proposing to approve
FOR FURTHER INFORMATION CONTACT: December 19, 2005. No comments were the redesignation request and the
Stacy DiFrank, Regulatory Development received during EPA’s adequacy public maintenance plan SIP revision.
Section, Air Planning Branch, Air, comment period.
Pesticides and Toxics Management Consequently, in a letter dated III. Why Are We Taking These Actions?
Division, Region 4, U.S. Environmental February 2, 2006, to Ron Gore, Chief of EPA has determined that the
Protection Agency, 61 Forsyth Street, the Air Division for ADEM, EPA Birmingham area has attained the 8-
SW., Atlanta, Georgia 30303–8960. Ms. informed the State of its intention to hour ozone standard and has also
DiFrank can be reached via telephone find the new 2017 MVEBs for VOC and determined that the State of Alabama
number at (404) 562–9042 or electronic NOX adequate for transportation has demonstrated that all other criteria
mail at conformity purposes. Subsequently, in a for the redesignation of the Birmingham
SUPPLEMENTARY INFORMATION: Federal Register notice dated February area from nonattainment to attainment
23, 2006 (71 FR 9332), EPA found the of the 8-hour ozone NAAQS have been
Table of Contents
2017 MVEBs adequate. These MVEBs met. See section 107(d)(3)(E) of the
I. What Is the Background for the Actions? meet the adequacy criteria contained in CAA. EPA is also fully approving the
II. What Actions Is EPA Taking? maintenance plan for the Birmingham
III. Why Are We Taking These Actions?
the Transportation Conformity Rule.
IV. What Are the Effects of These Actions? The new 2017 MVEBs are thus currently area as meeting the requirements of
V. Response to Comments being used for transportation conformity sections 175A and 107(d) of the CAA. In
VI. Final Action determinations. the January 25, 2006, proposed
VII. Statutory and Executive Order Reviews rulemaking, EPA described the
II. What Actions Is EPA Taking? applicable criteria for redesignation to
I. What Is the Background for the After consideration of the comments attainment and its analysis of how those
Actions? received in response to the January 25, criteria have been met. The rationale for
On November 16, 2005, the State of 2006, proposed rule, as described in EPA’s findings and actions is set forth
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Alabama submitted a request for parallel Section III below, and the State’s final in the proposed rulemaking and in this
processing to redesignate the adopted SIP revision and supporting rulemaking.
Birmingham area to attainment for the material reviewed in draft form in the In our January 25, 2006, proposed
8-hour ozone standard, and for EPA proposed rule, EPA is taking final action rulemaking, we proposed to approve the

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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations 27633

redesignation of the Birmingham area With regard to this redesignation areas must obtain a nonattainment NSR
and the maintenance plan through action, the commenter has presented no permit, install control technology
parallel processing. Such parallel information or data suggesting that any representing the lowest achievable
rulemaking can be completed through alleged noncompliance with emissions rate (LAER), and obtain
final rulemaking without additional environmental regulations or any emissions offsets. Under part C of title
proposed rulemaking if a state has made alleged failure of ADEM to enforce I of the CAA, new major stationary
a final submittal of adopted plans that violations of air permits has impacted or sources in attainment areas are subject
do not significantly differ from the will impact the Birmingham area’s to the Prevention of Significant
versions described and reviewed by attainment and maintenance of the 8- Deterioration (PSD) preconstruction
EPA in its proposed rulemaking. The hour ozone NAAQS or otherwise affect permitting program which requires the
State of Alabama has provided a final the appropriateness of the area’s installation of best available control
submittal that does not significantly redesignation. Under the CAA, technology (BACT) and a demonstration
differ from the draft submittal described nonattainment areas may be that the new source will not cause or
and reviewed in the notice of proposed redesignated to attainment if sufficient, contribute to a violation of a NAAQS or
rulemaking. Therefore, we believe that complete, quality-assured data is PSD air quality growth increment. The
the public has had suitable opportunity available for the Administrator to applicability of the PSD program to a
to comment on the substance of our determine that the area has attained the particular source must be determined in
proposed rule and today’s final rule, NAAQS and the area meets the other advance of construction and is
and that EPA may properly proceed CAA redesignation requirements in pollutant-specific. Once a source is
with final action on the State’s section 107(d)(3)(E). As detailed in the determined to be subject to PSD, it must
submittal. proposed rule, EPA has determined that undertake a series of analyses to
the Birmingham area has attained the 8- demonstrate that it will meet BACT and
IV. What Are the Effects of These
hour ozone NAAQS and that the area will not cause or contribute to a
meets the other CAA redesignation violation of any NAAQS or to an
Approval of the redesignation request requirements. incremental ambient pollutant
changes the official designation of the Comment: The commenter did not concentration increase.
Birmingham area for the 8-hour ozone understand why new sources of New major sources located in an area
NAAQS found at 40 CFR part 81. It also pollution could move into an area redesignated from nonattainment to
incorporates into the Alabama SIP a regardless of its designation status and attainment status become subject to NSR
plan for maintaining the 8-hour ozone asked who reviews those new sources requirements under part C (attainment
NAAQS in the area through 2017. The and whether such reviews are only done NSR) instead of NSR requirements
maintenance plan includes contingency for new sources in nonattainment areas. under part D (nonattainment NSR). In
measures to remedy future violations of Response: The CAA provides for addition, for an area to be redesignated
the 8-hour ozone NAAQS and review of new sources located in both to attainment status, it must have an
establishes MVEBs for the year 2017 for attainment and nonattainment areas. EPA-approved maintenance plan that
the Birmingham area. These new sources are subject to a demonstrates that the area will continue
preconstruction new source review to maintain clean air. For the
V. Response to Comments (NSR) process to ensure that emissions Birmingham area, Alabama’s approved
EPA received comments from one will not impact air quality in that area. maintenance plan demonstrates that,
individual commenter. The following is In attainment areas, NSR assures that after taking into account population and
a summary of the adverse comments new emissions do not significantly economic growth, the area will continue
received on the proposed rule published worsen air quality. In nonattainment to maintain clean air for the next eleven
January 25, 2006 (71 FR 4077), and areas, NSR assures that new emissions years.
EPA’s response to the comments. do not slow progress toward cleaner air. Comment: The commenter asks that
Comment: The commenter expresses The CAA’s NSR requirements are no more ‘‘polluters’’ be allowed in the
concern about alleged violators of contained in section 110(a)(2)(C), part C ‘‘areas where the pollution is not legal’’
environmental regulations and about of title I (attainment NSR provisions), and states that the pollution is ‘‘illegal’’
ADEM’s enforcement response to and part D of title I (nonattainment NSR when the counties do not report
alleged violators in Jefferson and Shelby provisions). The CAA requires SIPs to monitoring every day of the year. The
Counties. contain provisions implementing both commenter states that EPA’s ‘‘total
Response: The CAA establishes a the attainment and nonattainment NSR pollution data is incomplete per
cooperative arrangement between EPA programs. Under either NSR program,’’ and that Shelby County
and the states for the attainment and the state is the permitting authority and did not report data for 365 days in 2002
maintenance of national air quality issues the permits as appropriate. EPA’s as did Jefferson County. The commenter
goals. Under that arrangement, EPA and role is one of oversight. Alabama’s EPA- wants to know why monitoring was not
the states share concurrent enforcement approved SIP contains provisions done for total pollution every single day
responsibility over SIPs, permits issued implementing these NSR requirements of the year, and believes that ADEM ‘‘is
pursuant to SIP-approved programs, and, pursuant to those provisions, not doing the job’’ because it only
permits issued under title V of the CAA, ADEM conducts NSR for new sources reports part of the yearly total pollution
and other delegated CAA regulatory which locate in attainment as well as level amounts.
requirements. To obtain EPA’s approval nonattainment areas. Response: First, EPA believes that the
of the various permit programs in its SIP The NSR programs assure people that commenter misunderstands the impact
and under title V (the operating permit any large new (or modified) industrial of a nonattainment designation on new
program), Alabama has previously source in their neighborhoods will be as sources. As stated in the Response
demonstrated to EPA that it has clean as possible, and that advances in above, new major sources can locate in
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adequate resources and authority to pollution control occur concurrently nonattainment areas as long as they
enforce permits issued pursuant to these with industrial expansion. Under part D comply with the nonattainment NSR
programs, including permits for sources of title I of the CAA, new major requirements of part D of the CAA and
in Jefferson and Shelby Counties. stationary sources in nonattainment the Alabama SIP. As for monitoring total

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27634 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations

pollution every day of the year, EPA is most relevant is collected during the (PM2.5) and help keep the area in
notes that this rulemaking action ozone season, concentrations at other attainment for ozone. Jefferson County
addresses only the status of the times provide information about alone has reduced point source NOX
Birmingham area with respect to the 8- photochemical oxidation rates. emissions by 37 percent from 2002 to
hour ozone standard, and therefore the Comment: The commenter states that 2004, and will reduce them by 65
levels of other pollutants are not ‘‘We have no choice but to continue to percent by 2017. The whole area has
relevant to this rulemaking. breathe horrific deadly air and nothing reduced total NOX emissions by 22
Data completeness is reviewed and is being done by the EPA to get it percent from 2002 to 2004, and will
considered in the determination that the cleaned up* * *’’ reduce them by 45 percent by 2017. See
area has met the NAAQS for 8-hour Response: EPA has determined that 71 FR 4082 (January 25, 2006). In the
ozone. Ozone is formed when certain the Birmingham area has attained the 8- future, NOX emissions from power
precursor pollutants (VOC and NOX) hour ozone standard based on the three plants will be subject to EPA’s Clean Air
combine in the presence of heat and most recent years of monitoring data. Interstate Rule (CAIR), 70 FR 53612
sunlight. As a result, ozone is a seasonal This action addresses only the 8-hour (May 12, 2005). Since Alabama is
pollutant with elevated levels during ozone standard, which the area has been covered by CAIR, sources within
warmer months. While ozone is present shown to attain. EPA and ADEM have Alabama that are subject to CAIR and to
year round, elevated levels that have a implemented a number of programs that the State’s rules that result from CAIR,
potential impact on public health occur have resulted in reduced local NOX and will remain subject to NOX emissions
during the ‘‘ozone season.’’ The ozone VOC emissions and that have brought budgets for the State.
season is determined for each state the area into attainment for ozone Comment: The commenter questions
based on actual historical monitored during 2003–2005. The programs why citizens do not have ADEM
data to determine the appropriate include the following: representation in Shelby and Jefferson
duration of this seasonal period. EPA’s • The Reid Vapor Pressure (RVP) Counties.
monitoring requirements specify that Control Program—gasoline sold from Response: There is one SIP for
the pollutant be monitored only through June 1st until September 15th of each Alabama, which includes regulations for
the ozone season, which for Alabama year in Jefferson and Shelby Counties Jefferson County. These regulations are
(including the Birmingham area) is was required to have a RVP no greater Federally enforceable. There is a local
March 1 through October 31 of each than 7.0 pounds per square inch (psi). Air Pollution Control Agency in the
year. ADEM has met these monitoring This is lower than the standard of 9.0 Jefferson County Health Department,
requirements for 2003–2005. The psi and 7.8 psi used by other states. which adopts and enforces regulations
monitoring requirements are found at 40 • Since 2003, utility NOX controls for Jefferson County. ADEM is
CFR part 58. Alabama is at 95–100 (including selective catalytic reduction responsible for all counties in Alabama
percent data completeness for 2005, and low NOX burners) on Alabama (including Jefferson and Shelby
which is well within the data Power Company plants Gorgas and Counties), but defers to the Jefferson
compliance requirement of 40 CFR part Miller have been required for the period County Health Department to enforce
58. All data entered into EPA’s air of May 1st to September 30th each year. regulations in Jefferson County. The
quality monitoring database has been NOX emission limitations have been request for redesignation from ADEM
quality assured consistent with EPA established at 0.21 pounds per million addresses the entire 8-hour ozone
requirements. We completed a thorough British thermal units (lb/mmBtu) for the nonattainment area (both Jefferson and
review of the data during our review of two plants, based on a rolling 30-day Shelby Counties), and the maintenance
ADEM’s redesignation request and average. plan approved by this action covers the
believe the data to be complete, of high • Alabama’s NOX SIP Call established both Counties.
quality, and accurate. ADEM’s submittal a NOX budget from 2004 and beyond for Comment: The commenter is
met the requirements in the CAA and large industrial sources such as boilers, concerned about the white fog in the air
EPA’s regulations for an area to turbines, and electric generating units and the subsequent property and health
demonstrate attainment. that are subject to the NOX SIP Call. effects.
States can elect to operate monitors This emissions level is equivalent to Response: This issue is not relevant to
for periods outside the ozone season for 0.15 lb/mmBtu. a redesignation of the area for the 8-hour
a number of reasons. In fact, one • EPA has instituted the National ozone standard, where the area has been
monitor in Jefferson County does Low Emissions Vehicles (NLEV) shown to be attaining the 8-hour ozone
operate year round. There are two program, which went into effect standard. A number of pollutant sources
reasons for the 12-month operation: (1) nationally in 2001. lead to the formation of fine
Jefferson County Department of Health • EPA promulgated the Tier 2 Motor particulates, which can contribute to
is attempting to have the site designated Vehicle Emissions Standards and haze or fog levels, and which are
as a ‘‘Super Site,’’ which will be Gasoline Sulfur Control Requirements, addressed through the fine particulates
designated under new proposed which took effect in 2004 and have standards.
regulations found in 40 CFR part 58 and significantly lowered the sulfur content Comment: The commenter would like
which will monitor many pollutants at of gasoline and NOX emissions from to know what is being done regarding
the same site. EPA requires that in order mobile sources. emissions from automobiles as
for the site to be designated as such, the • EPA’s 2004 Heavy-Duty Highway communities continue to grow, and how
monitor must operate year round; and Engine Rule, which began with 2004 EPA plans to keep the air within legal
(2) the North Birmingham ozone model year vehicles, and the limits.
monitor operates year round to assist complementary 2007 Heavy-Duty Diesel Response: Transportation conformity
Atmospheric Research and Analysis Rule, will reduce emissions from diesel is a CAA requirement for nonattainment
(ARA) in its operation of their ozone trucks and buses. areas as well as for areas that were
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monitor at the same site. ARA then uses In addition, ADEM is currently previously nonattainment but were
the data collected year round in order to developing regulations that are designed redesignated to attainment with a
understand variability of the oxidation to bring the Birmingham area into maintenance plan (maintenance areas).
state of the atmosphere. While data that attainment for fine particulate matter In nonattainment and maintenance

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areas, emissions from transportation or reporting requirements for other levels of government, as specified in
activities (i.e., automobiles) must be pollutants, however, sources remain Executive Order 13132 (64 FR 43255,
shown to be under an emissions cap subject to the statutory and regulatory August 10, 1999). This action merely
that is established in the air quality plan requirements governing those affects the status of a geographical area,
before they can be funded or approved. pollutants. does not impose any new requirements
The 8-hour ozone maintenance plan on sources or allow a state to avoid
VI. Final Action
associated with this redesignation adopting or implementing other
request has an emissions cap which is After evaluating Alabama’s requirements, and does not alter the
also known as a MVEB. redesignation request and the comments relationship or the distribution of power
Transportation conformity for the 8- received, EPA is taking final action to and responsibilities established in the
hour ozone standard for the approve the redesignation and change Clean Air Act. This rule also is not
Birmingham area was demonstrated in the legal designation of the Birmingham subject to Executive Order 13045
2005 and 2006. The transportation area from nonattainment to attainment ‘‘Protection of Children from
conformity determination that was for the 8-hour ozone NAAQS. Through Environmental Health Risks and Safety
prepared by the Birmingham this action, EPA is also approving into Risks’’ (62 FR 19885, April 23, 1997),
Metropolitan Planning Organization the Alabama SIP, the 8-hour ozone because it is not economically
shows a downward trend in emissions maintenance plan for Jefferson and significant and because the Agency does
from transportation activities (including Shelby Counties, which includes the not have reason to believe that the rule
automobiles) from the present through new 2017 MVEBs of 23 tpd for VOC, concerns an environmental health risk
the year 2030. For example, mobile and 42 tpd for NOX. or safety risk that may
emissions between 2009 and 2030 for VII. Statutory and Executive Order disproportionately affect children.
the ozone precursor, VOC, will decrease Reviews In reviewing SIP submissions, EPA’s
from 23.79 tons per summer day to role is to approve state choices,
15.38 tons per summer day. Likewise, Under Executive Order 12866 (58 FR provided that they meet the criteria of
mobile emissions between 2009 and 51735, October 4, 1993), this action is the Clean Air Act. In this context, in the
2030 for the ozone precursor, NOX, will not a ‘‘significant regulatory action’’ and absence of a prior existing requirement
decrease from 38.71 tons per summer therefore is not subject to review by the for the State to use voluntary consensus
day to 15.56 tons per summer day. This Office of Management and Budget. For standards (VCS), EPA has no authority
downward trend in mobile emissions is this reason, this action is also not to disapprove a SIP submission for
also represented in the emission subject to Executive Order 13211, failure to use VCS. It would thus be
projections included in the maintenance ‘‘Actions Concerning Regulations That inconsistent with applicable law for
plan. Additionally, there are Federal, Significantly Affect Energy Supply, EPA, when it reviews a SIP submission,
State, and local programs which will Distribution, or Use’’ (66 FR 28355, May to use VCS in place of a SIP submission
benefit air quality in the Birmingham 22, 2001). This action merely approves that otherwise satisfies the provisions of
area by reducing emissions from state law as meeting Federal the Clean Air Act. Thus, the
automobiles. The State of Alabama is requirements and imposes no additional requirements of section 12(d) of the
currently implementing a Reid Vapor requirements beyond those imposed by National Technology Transfer and
Pressure control program for gasoline state law. Accordingly, the Advancement Act of 1995 (15 U.S.C.
sold in Jefferson and Shelby Counties. Administrator certifies that this rule 272 note) do not apply. This rule does
In addition, the Federal Tier 2 Motor will not have a significant economic not impose an information collection
Vehicle Emissions Standards and impact on a substantial number of small burden under the provisions of the
Gasoline Sulfur Control Requirements entities under the Regulatory Flexibility Paperwork Reduction Act of 1995 (44
in 2004 and the 2007 Heavy-Duty Diesel Act (5 U.S.C. 601 et seq.). Because this U.S.C. 3501 et seq.).
Rule, both described in a previous rule approves pre-existing requirements The Congressional Review Act, 5
Response above, will also contribute to under state law and does not impose U.S.C. 801 et seq., as added by the Small
maintaining the 8-hour ozone standard any additional enforceable duty beyond Business Regulatory Enforcement
in the Birmingham area. The phase-in of that required by state law, it does not Fairness Act of 1996, generally provides
these programs is, and will continue, to contain any unfunded mandate or that before a rule may take effect, the
result in reductions in emissions as significantly or uniquely affect small agency promulgating the rule must
newer vehicles replace older, higher- governments, as described in the submit a rule report, which includes a
polluting vehicles. Additionally, the Unfunded Mandates Reform Act of 1995 copy of the rule, to each House of the
maintenance plan included in the (Pub. L. 104–4). Congress and to the Comptroller General
redesignation request demonstrates that This rule also does not have tribal of the United States. EPA will submit a
emissions will stay well below implications because it will not have a report containing this rule and other
attainment levels, and in fact will substantial direct effect on one or more required information to the U.S. Senate,
decrease over time. Indian tribes, on the relationship the U.S. House of Representatives, and
Comment: The commenter expressed between the Federal Government and the Comptroller General of the United
concern regarding reporting Indian tribes, or on the distribution of States prior to publication of the rule in
requirements for toxic chemicals in power and responsibilities between the the Federal Register. A major rule
Alabama and alleged water pollution Federal Government and Indian tribes, cannot take effect until 60 days after it
from a facility in Pelham, Alabama. The as specified by Executive Order 13175 is published in the Federal Register.
commenter also requested EPA (65 FR 67249, November 9, 2000). This This action is not a ‘‘major rule’’ as
assistance in promoting hydrogen fuel. action also does not have Federalism defined by 5 U.S.C. 804(2).
Response: This action only addresses implications because it does not have Under section 307(b)(1) of the Clean
redesignation and attainment for the 8- substantial direct effects on the states, Air Act, petitions for judicial review of
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hour ozone standard, thus, the issues on the relationship between the this action must be filed in the United
raised by the commenter are outside the National Government and the States, or States Court of Appeals for the
scope of action for this rulemaking. This on the distribution of power and appropriate circuit by July 11, 2006.
rulemaking does not address emissions responsibilities among the various Filing a petition for reconsideration by

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27636 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations

the Administrator of this final rule does Reporting and recordkeeping PART 52—[AMENDED]
not affect the finality of this rule for the requirements, Volatile organic
purposes of judicial review nor does it compounds. ■ 1. The authority citation for part 52
extend the time within which a petition continues to read as follows:
for judicial review may be filed, and 40 CFR Part 81 Authority: 42 U.S.C. 7401 et seq.
shall not postpone the effectiveness of Environmental protection, Air
such rule or action. This action may not Subpart B—Alabama
pollution control, National parks,
be challenged later in proceedings to
Wilderness areas. ■ 2. Section 52.50(e) is amended by
enforce its requirements. (See section
307(b)(2).) Dated: May 3, 2006. adding a new entry at the end of the
A. Stanley Meiburg,
table for ‘‘8-Hour Ozone Maintenance
List of Subjects plan for the Birmingham area’’ to read
Acting Regional Administrator, Region 4. as follows:
40 CFR Part 52
■ 40 CFR part 52 and 81 is amended as § 52.50 Identification of plan
Environmental protection, Air
pollution control, Intergovernmental * * * * *
relations, Nitrogen dioxide, Ozone, (e) * * *


State submittal EPA
Name of nonregulatory Applicable geographic or date/effective approval Explanation
SIP provision nonattainment area date date

* * * * * * *
8-Hour Ozone Maintenance plan Jefferson County and Shelby 01/26/06 05/12/06 [Insert citation of publi-
for the Birmingham area. County. cation].

PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. ‘‘Birmingham, Alabama: Jefferson and
Shelby County’’ to read as follows:
■ 1. The authority citation for part 81 ■ 2. In § 81.301, the table entitled
‘‘Alabama-Ozone (8–Hour Standard)’’ is § 81.301 Alabama.
continues to read as follows:
amended by revising the entry for * * * * *


Designation a Category/classification
Designated area
Date 1 Type Date 1 Type

Birmingham, AL:
Jefferson County ...................................................................................... 06/12/06 Attainment
Shelby County .......................................................................................... 06/12/06 Attainment

* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.

[FR Doc. 06–4435 Filed 5–11–06; 8:45 am] Interim rule with request for
ACTION: still need to have a certification of need
BILLING CODE 6560–50–P comments. signed by the agency head or designee
before authorizing limited identification
SUMMARY: The General Services exceptions.
Administration (GSA) is amending the This interim rule provides
GENERAL SERVICES Federal Management Regulation (FMR) information for obtaining U.S.
ADMINISTRATION by updating requirements and Government license plates from
information on motor vehicle UNICOR, Federal Prison Industries Inc.,
41 CFR Part 102–34 the current license plate supplier. This
management. This interim rule makes
changes to vehicle identification interim rule further updates Federal
[FMR Amendment 2006–03; FMR Case requirements. Specifically, it allows motor vehicle management regulations
2006–102–1] by replacing the requirement for
agencies to have limited identification
exemptions for motor vehicles that are agencies to provide certain motor
RIN 3090–AH68 regularly used for common vehicle information to GSA on the
administrative purposes. Some agencies Standard Form 82 with the requirement
Federal Management Regulation; to use the Federal Automotive
have expressed a need to exempt even
jlentini on PROD1PC65 with RULES

Motor Vehicle Management Statistical Tool (FAST), an Internet-

their administrative vehicles from
AGENCY: Office of Governmentwide displaying Government identification based reporting tool.
Policy, General Services Administration for situations with specifically This interim rule also requires
(GSA). identified security risks. Agencies will agencies to have an agency-wide fleet

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