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[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Proposed Rules]
[Page 37977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18028]

[[Page 37977]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0592(b); FRL-8937-1]

Approval and Promulgation of Air Quality Implementation Plans; 
Alabama: Birmingham 1997 8-Hour Ozone Contingency Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Alabama State 
Implementation Plan (SIP), submitted by the Alabama Department of 
Environmental Management (ADEM), on February 6, 2008, to adopt specific 
contingency measures in the form of permit conditions for two cement 
kilns. These contingency measures are being adopted for the continued 
maintenance of the 1997 8-hour ozone National Ambient Air Quality 
Standards (NAAQS) in Jefferson and Shelby Counties (``Birmingham 
Area''). On May 12, 2006, EPA approved the 8-hour ozone redesignation 
of the Birmingham Area from nonattainment to attainment for the 1997 8-
hour ozone NAAQS (see, 71 FR 27631). Additional measures may be 
necessary in the future; however, these revisions qualify as 
contingency measures as required under Section 175A(d) of the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0592 by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2008-0592,'' 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.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
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. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

Please see the direct final rule which is located in the Rules section 
of this Federal Register for detailed instructions on how to submit 
comments.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Harder, 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. Ms. Harder may be 
reached by phone at (404) 562-9042, or by electronic mail at 
[email protected]. For information relating to the Alabama State 
SIP, please contact Mr. Zuri Farngalo. Mr. Farngalo may be reached at 
(404) 562-9152, or by electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: When the Birmingham Area was redesignated to 
attainment, Alabama was also required to submit a maintenance plan 
which provided for contingency measures should the Area violate the 
standard after being redesignated to attainment. The May 12, 2006, 
maintenance plan was designed to keep the Birmingham Area in attainment 
through 2017, initially, with a later extension of the maintenance plan 
to include a time period of no less than 20 years after the Area was 
redesignated originally. After attaining the 1997 8-hour ozone standard 
based on 2003-2005 ambient air monitoring data, the Birmingham Area 
violated the standard with 2004-2006 ambient air monitoring data. The 
February 6, 2008, SIP revision, provided by Alabama for EPA approval, 
was submitted to fulfill ADEM's commitment to adopt, within 18 months 
of a violation of the 1997 8-hour ozone standard, one or more 
contingency measures to help the Area re-attain the standard. EPA is 
proposing to approve the revisions pursuant to section 110 of the CAA. 
On March 27, 2008, EPA issued a revised ozone standard (see, 73 FR 
16436). Today's action however, is being taken to address requirements 
under the 1997 8-hour ozone standard.
    In the Final Rules Section of this Federal Register, EPA is 
approving the State's SIP revision as a direct final rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
and anticipates no adverse comments. A detailed rationale for the 
approval is set forth in the direct final rule. If no adverse comments 
are received in response to this rule, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this document. Any parties 
interested in commenting on this document should do so at this time.
    For additional information see the direct final rule which is 
published in the Rules Section of this Federal Register.

    Dated: July 16, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. E9-18028 Filed 7-29-09; 8:45 am]
BILLING CODE 6560-50-P
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