

[Federal Register: May 12, 2006 (Volume 71, Number 92)]
[Rules and Regulations]               
[Page 27631-27636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my06-16]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-OAR-2005-AL-0003-200608; FRL-8169-4]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Alabama; Redesignation of 
the Birmingham, AL 8-Hour Ozone Nonattainment Area to Attainment for 
Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a request, submitted in draft on November 16, 
2005, and in final on January 27, 2006, through the Alabama Department 
of Environmental Management (ADEM), to redesignate the Birmingham 8-
hour ozone nonattainment area (Birmingham area) to attainment for the 
8-hour ozone National Ambient Air Quality Standard (NAAQS). The 
Birmingham area is composed of two counties, Jefferson and Shelby. 
EPA's approval of the redesignation request is based on the 
determination that the Birmingham area and the State of Alabama have 
met the criteria for redesignation to attainment set forth in the Clean 
Air Act (CAA), including the determination that the Birmingham area has 
attained the 8-hour ozone standard. Additionally, EPA is approving an 
Alabama State Implementation Plan (SIP) revision containing a 
maintenance plan with a

[[Page 27632]]

2017 end year for the Birmingham area and approving the new Motor 
Vehicle Emission Budgets (MVEBs) for the year 2017 that are contained 
in the maintenance plan. This final rule also addresses comments made 
on EPA's proposed rulemaking for this action, previously published 
January 25, 2006 (71 FR 4077).

DATES: Effective Date: This rule will be effective June 12, 2006.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-OAR-2005-AL-0003. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed in the 

index, some information is not publicly available, i.e., Confidential 
Business Information 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 http://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 legal 
holidays.

FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Ms. DiFrank can be reached 
via telephone number at (404) 562-9042 or electronic mail at 
difrank.stacy@epa.gov.


SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Is the Background for the Actions?

    On November 16, 2005, the State of Alabama submitted a request for 
parallel processing to redesignate the Birmingham area to attainment 
for the 8-hour ozone standard, and for EPA approval of an Alabama draft 
SIP revision containing a maintenance plan. On January 27, 2006, the 
State submitted its final adopted SIP revision and redesignation 
request. In an action published on January 25, 2006 (71 FR 4077), EPA 
proposed to approve the redesignation of the Birmingham area to 
attainment. EPA also proposed approval of the State's plan for 
maintaining the 8-hour ozone NAAQS as a SIP revision, and proposed to 
approve the MVEBs for the Birmingham area contained in the maintenance 
plan.
    This rule is EPA's final action on the January 25, 2006, proposed 
rule. Since the final, State-adopted SIP revision request is 
substantially the same as that submitted for parallel processing by EPA 
and contains no significant revisions, we will not publish an 
additional proposed rule on this State submittal.
    During the comment period for EPA's proposal, one commenter 
submitted adverse comments. EPA is addressing these comments in this 
action, and is taking final action as described in section II and 
section V.
    EPA is also providing information on the status of the Agency's 
transportation conformity adequacy determination for the new MVEBs for 
the year 2017 that are contained in the maintenance plan for the 
Birmingham area. The maintenance plan establishes MVEBs for the year 
2017 of 23 tons per day (tpd) for volatile organic compounds (VOCs) and 
42 tpd for nitrogen oxides (NOX). EPA's adequacy public 
comment period on these budgets began on November 17, 2005, and closed 
on December 19, 2005. No comments were received during EPA's adequacy 
public comment period.
    Consequently, in a letter dated February 2, 2006, to Ron Gore, 
Chief of the Air Division for ADEM, EPA informed the State of its 
intention to find the new 2017 MVEBs for VOC and NOX 
adequate for transportation conformity purposes. Subsequently, in a 
Federal Register notice dated February 23, 2006 (71 FR 9332), EPA found 
the 2017 MVEBs adequate. These MVEBs meet the adequacy criteria 
contained in the Transportation Conformity Rule. The new 2017 MVEBs are 
thus currently being used for transportation conformity determinations.

II. What Actions Is EPA Taking?

    After consideration of the comments received in response to the 
January 25, 2006, proposed rule, as described in Section III below, and 
the State's final adopted SIP revision and supporting material reviewed 
in draft form in the proposed rule, EPA is taking final action to 
approve the State's redesignation request and to change the legal 
designation of the Birmingham area from nonattainment to attainment for 
the 8-hour ozone NAAQS. The Birmingham area is composed of two 
counties, Jefferson and Shelby. EPA is also approving Alabama's 8-hour 
ozone maintenance plan for Jefferson and Shelby Counties (such approval 
being one of the CAA criteria for redesignation to attainment status). 
The maintenance plan is designed to help keep the Birmingham area in 
attainment for the 8-hour ozone NAAQS through 2017. These approval 
actions are based on EPA's determination that Alabama has demonstrated 
that the Birmingham area has met the criteria for redesignation to 
attainment specified in the CAA, including the demonstration that the 
Birmingham area has attained the 8-hour ozone standard. EPA's analyses 
of the Birmingham 8-hour ozone redesignation request and maintenance 
plan are described in detail in the proposed rule published January 25, 
2006 (71 FR 4077).
    In this action, EPA is also approving the MVEBs. For regional 
emission analysis years that involve the year 2017 or beyond, the 
applicable budget for the purpose of conducting transportation 
conformity analysis are the new 2017 MVEBs. EPA determined that the 
2017 MVEBs are adequate through a previous action. EPA is approving 
such MVEBs in this action.
    Additionally, in this action, EPA is responding to the adverse 
comments received on the January 25, 2006 (71 FR 4077), rulemaking 
proposing to approve the redesignation request and the maintenance plan 
SIP revision.

III. Why Are We Taking These Actions?

    EPA has determined that the Birmingham area has attained the 8-hour 
ozone standard and has also determined that the State of Alabama has 
demonstrated that all other criteria for the redesignation of the 
Birmingham area from nonattainment to attainment of the 8-hour ozone 
NAAQS have been met. See section 107(d)(3)(E) of the CAA. EPA is also 
fully approving the maintenance plan for the Birmingham area as meeting 
the requirements of sections 175A and 107(d) of the CAA. In the January 
25, 2006, proposed rulemaking, EPA described the applicable criteria 
for redesignation to attainment and its analysis of how those criteria 
have been met. The rationale for EPA's findings and actions is set 
forth in the proposed rulemaking and in this rulemaking.
    In our January 25, 2006, proposed rulemaking, we proposed to 
approve the

[[Page 27633]]

redesignation of the Birmingham area and the maintenance plan through 
parallel processing. Such parallel rulemaking can be completed through 
final rulemaking without additional proposed rulemaking if a state has 
made a final submittal of adopted plans that do not significantly 
differ from the versions described and reviewed by EPA in its proposed 
rulemaking. The State of Alabama has provided a final submittal that 
does not significantly differ from the draft submittal described and 
reviewed in the notice of proposed rulemaking. Therefore, we believe 
that the public has had suitable opportunity to comment on the 
substance of our proposed rule and today's final rule, and that EPA may 
properly proceed with final action on the State's submittal.

IV. What Are the Effects of These Actions?

    Approval of the redesignation request changes the official 
designation of the Birmingham area for the 8-hour ozone NAAQS found at 
40 CFR part 81. It also incorporates into the Alabama SIP a plan for 
maintaining the 8-hour ozone NAAQS in the area through 2017. The 
maintenance plan includes contingency measures to remedy future 
violations of the 8-hour ozone NAAQS and establishes MVEBs for the year 
2017 for the Birmingham area.

V. Response to Comments

    EPA received comments from one individual commenter. The following 
is a summary of the adverse comments received on the proposed rule 
published January 25, 2006 (71 FR 4077), and EPA's response to the 
comments.
    Comment: The commenter expresses concern about alleged violators of 
environmental regulations and about ADEM's enforcement response to 
alleged violators in Jefferson and Shelby Counties.
    Response: The CAA establishes a cooperative arrangement between EPA 
and the states for the attainment and maintenance of national air 
quality goals. Under that arrangement, EPA and the states share 
concurrent enforcement responsibility over SIPs, permits issued 
pursuant to SIP-approved programs, permits issued under title V of the 
CAA, and other delegated CAA regulatory requirements. To obtain EPA's 
approval of the various permit programs in its SIP and under title V 
(the operating permit program), Alabama has previously demonstrated to 
EPA that it has adequate resources and authority to enforce permits 
issued pursuant to these programs, including permits for sources in 
Jefferson and Shelby Counties.
    With regard to this redesignation action, the commenter has 
presented no information or data suggesting that any alleged 
noncompliance with environmental regulations or any alleged failure of 
ADEM to enforce violations of air permits has impacted or will impact 
the Birmingham area's attainment and maintenance of the 8-hour ozone 
NAAQS or otherwise affect the appropriateness of the area's 
redesignation. Under the CAA, nonattainment areas may be redesignated 
to attainment if sufficient, complete, quality-assured data is 
available for the Administrator to determine that the area has attained 
the NAAQS and the area meets the other CAA redesignation requirements 
in section 107(d)(3)(E). As detailed in the proposed rule, EPA has 
determined that the Birmingham area has attained the 8-hour ozone NAAQS 
and that the area meets the other CAA redesignation requirements.
    Comment: The commenter did not understand why new sources of 
pollution could move into an area regardless of its designation status 
and asked who reviews those new sources and whether such reviews are 
only done for new sources in nonattainment areas.
    Response: The CAA provides for review of new sources located in 
both attainment and nonattainment areas. These new sources are subject 
to a preconstruction new source review (NSR) process to ensure that 
emissions will not impact air quality in that area. In attainment 
areas, NSR assures that new emissions do not significantly worsen air 
quality. In nonattainment areas, NSR assures that new emissions do not 
slow progress toward cleaner air. The CAA's NSR requirements are 
contained in section 110(a)(2)(C), part C of title I (attainment NSR 
provisions), and part D of title I (nonattainment NSR provisions). The 
CAA requires SIPs to contain provisions implementing both the 
attainment and nonattainment NSR programs. Under either NSR program, 
the state is the permitting authority and issues the permits as 
appropriate. EPA's role is one of oversight. Alabama's EPA-approved SIP 
contains provisions implementing these NSR requirements and, pursuant 
to those provisions, ADEM conducts NSR for new sources which locate in 
attainment as well as nonattainment areas.
    The NSR programs assure people that any large new (or modified) 
industrial source in their neighborhoods will be as clean as possible, 
and that advances in pollution control occur concurrently with 
industrial expansion. Under part D of title I of the CAA, new major 
stationary sources in nonattainment areas must obtain a nonattainment 
NSR permit, install control technology representing the lowest 
achievable emissions rate (LAER), and obtain emissions offsets. Under 
part C of title I of the CAA, new major stationary sources in 
attainment areas are subject to the Prevention of Significant 
Deterioration (PSD) preconstruction permitting program which requires 
the installation of best available control technology (BACT) and a 
demonstration that the new source will not cause or contribute to a 
violation of a NAAQS or PSD air quality growth increment. The 
applicability of the PSD program to a particular source must be 
determined in advance of construction and is pollutant-specific. Once a 
source is determined to be subject to PSD, it must undertake a series 
of analyses to demonstrate that it will meet BACT and will not cause or 
contribute to a violation of any NAAQS or to an incremental ambient 
pollutant concentration increase.
    New major sources located in an area redesignated from 
nonattainment to attainment status become subject to NSR requirements 
under part C (attainment NSR) instead of NSR requirements under part D 
(nonattainment NSR). In addition, for an area to be redesignated to 
attainment status, it must have an EPA-approved maintenance plan that 
demonstrates that the area will continue to maintain clean air. For the 
Birmingham area, Alabama's approved maintenance plan demonstrates that, 
after taking into account population and economic growth, the area will 
continue to maintain clean air for the next eleven years.
    Comment: The commenter asks that no more ``polluters'' be allowed 
in the ``areas where the pollution is not legal'' and states that the 
pollution is ``illegal'' when the counties do not report monitoring 
every day of the year. The commenter states that EPA's ``total 
pollution data is incomplete per Scorecard.org.'' and that Shelby 
County did not report data for 365 days in 2002 as did Jefferson 
County. The commenter wants to know why monitoring was not done for 
total pollution every single day of the year, and believes that ADEM 
``is not doing the job'' because it only reports part of the yearly 
total pollution level amounts.
    Response: First, EPA believes that the commenter misunderstands the 
impact of a nonattainment designation on new sources. As stated in the 
Response above, new major sources can locate in nonattainment areas as 
long as they comply with the nonattainment NSR requirements of part D 
of the CAA and the Alabama SIP. As for monitoring total

[[Page 27634]]

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

[[Page 27635]]

areas, emissions from transportation activities (i.e., automobiles) 
must be shown to be under an emissions cap that is established in the 
air quality plan before they can be funded or approved. The 8-hour 
ozone maintenance plan associated with this redesignation request has 
an emissions cap which is also known as a MVEB.
    Transportation conformity for the 8-hour ozone standard for the 
Birmingham area was demonstrated in 2005 and 2006. The transportation 
conformity determination that was prepared by the Birmingham 
Metropolitan Planning Organization shows a downward trend in emissions 
from transportation activities (including automobiles) from the present 
through the year 2030. For example, mobile emissions between 2009 and 
2030 for the ozone precursor, VOC, will decrease from 23.79 tons per 
summer day to 15.38 tons per summer day. Likewise, mobile emissions 
between 2009 and 2030 for the ozone precursor, NOX, will 
decrease from 38.71 tons per summer day to 15.56 tons per summer day. 
This downward trend in mobile emissions is also represented in the 
emission projections included in the maintenance plan. Additionally, 
there are Federal, State, and local programs which will benefit air 
quality in the Birmingham area by reducing emissions from automobiles. 
The State of Alabama is currently implementing a Reid Vapor Pressure 
control program for gasoline sold in Jefferson and Shelby Counties. In 
addition, the Federal Tier 2 Motor Vehicle Emissions Standards and 
Gasoline Sulfur Control Requirements in 2004 and the 2007 Heavy-Duty 
Diesel Rule, both described in a previous Response above, will also 
contribute to maintaining the 8-hour ozone standard in the Birmingham 
area. The phase-in of these programs is, and will continue, to result 
in reductions in emissions as newer vehicles replace older, higher-
polluting vehicles. Additionally, the maintenance plan included in the 
redesignation request demonstrates that emissions will stay well below 
attainment levels, and in fact will decrease over time.
    Comment: The commenter expressed concern regarding reporting 
requirements for toxic chemicals in Alabama and alleged water pollution 
from a facility in Pelham, Alabama. The commenter also requested EPA 
assistance in promoting hydrogen fuel.
    Response: This action only addresses redesignation and attainment 
for the 8-hour ozone standard, thus, the issues raised by the commenter 
are outside the scope of action for this rulemaking. This rulemaking 
does not address emissions or reporting requirements for other 
pollutants, however, sources remain subject to the statutory and 
regulatory requirements governing those pollutants.

VI. Final Action

    After evaluating Alabama's redesignation request and the comments 
received, EPA is taking final action to approve the redesignation and 
change the legal designation of the Birmingham area from nonattainment 
to attainment for the 8-hour ozone NAAQS. Through this action, EPA is 
also approving into the Alabama SIP, the 8-hour ozone maintenance plan 
for Jefferson and Shelby Counties, which includes the new 2017 MVEBs of 
23 tpd for VOC, and 42 tpd for NOX.

VII. 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 pre-existing 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. 104-4).
    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 affects the status of a 
geographical area, does not impose any new requirements on sources or 
allow a state to avoid adopting or implementing other requirements, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. 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 and because the 
Agency does not have reason to believe that the rule concerns an 
environmental health risk or safety risk that may disproportionately 
affect children.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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, 5 U.S.C. 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 11, 2006. Filing a 
petition for reconsideration by

[[Page 27636]]

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

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 3, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 and 81 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry at the end of the 
table for ``8-Hour Ozone Maintenance plan for the Birmingham area'' to 
read as follows:


Sec.  52.50  Identification of plan

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                   Applicable        State submittal
 Name of nonregulatory  SIP       geographic or      date/effective    EPA  approval  date       Explanation
          provision            nonattainment area         date
----------------------------------------------------------------------------------------------------------------

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

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  81.301, the table entitled ``Alabama-Ozone (8-Hour 
Standard)'' is amended by revising the entry for ``Birmingham, Alabama: 
Jefferson and Shelby County'' to read as follows:


Sec.  81.301  Alabama.

* * * * *

                                         Alabama-Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                           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

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\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]

BILLING CODE 6560-50-P
