13118 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

Monday through Friday except Federal 

holidays. 

A Notice of Proposed Rule Making, 

USCG–2008–1158, is being issued in 

conjunction with this Temporary 

Deviation to obtain public comments. 

The Notice of Proposed Rule Making 

will be in effect for two months from 

March 26, 2009 until May 26, 2009. The 

Coast Guard will evaluate public 

comments from this Temporary 

Deviation and the above referenced 

Notice of Proposed Rule Making to 

determine if a permanent change to the 

drawbridge operating regulation at 33 

CFR 117.451(b) is warranted. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 9, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–6689 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0144] 

Safety Zone; Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor in April 2009. This 

action is necessary to protect vessels 

and people from the hazards associated 

with fireworks displays. This safety 

zone will restrict vessel traffic from a 

portion of the Captain of the Port Lake 

Michigan Zone. 

DATES: The regulations in 33 CFR 

165.931 will be enforced from 7:30 p.m. 

through 8:30 p.m. on April 4, 2009, and 

from 7:30 p.m. through 8:30 p.m. on 

April 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Bannan, Prevention Department, 

Coast Guard Sector Lake Michigan, 

Milwaukee, WI, at (414) 747–7154. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone, 

Navy Pier Southeast, Chicago Harbor, 

Chicago, IL, 33 CFR 165.931, for the 

following events: 

(1) Navy Pier Private Party; on April 

4, 2009, from 7:30 p.m. through 8:30 

p.m. 

(2) Navy Pier Private Party; on April 

11, 2009, from 7:30 p.m. through 8:30 

p.m. 

All vessels must obtain permission 

from the Captain of the Port or 

designated representative to enter, move 

within, or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or designated representative. While 

within the safety zone, all vessels shall 

operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931, Safety Zone, Navy 

Pier Southeast, Chicago Harbor, 

Chicago, IL (72 FR 32520, Jun. 13, 2007), 

and 5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners and Local Notice to 

Mariners. 

The Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Lake Michigan on channel 16, 

VHF–FM. 

Dated: March 9, 2009. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E9–6809 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0359–200823(a); 

FRL8781–7] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Alabama State Implementation Plan; 

Birmingham and Jackson Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Alabama State Implementation Plan 

(SIP) for two separate areas: 

Birmingham nonattainment area and 

Jackson County nonattainment area for 

both the 8-hour ozone and the PM2.5 

National Ambient Air Quality Standard. 

On March 7, 2007, and on January 8, 

2009, revisions of the transportation 

conformity criteria and procedures 

related to interagency consultation and 

enforceability of certain transportationrelated control measures and mitigation 

measures were submitted to EPA for 

approval by the state of Alabama. The 

intended effect is to update the 

transportation conformity criteria and 

procedures in the Alabama SIP. 

DATES: This direct final rule is effective 

May 26, 2009 without further notice, 

unless EPA receives adverse comment 

by April 27, 2009 If EPA receives such 

comments, it 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. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0359, by one of the 

following methods: 

(a) http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

(b) E-mail: wood.amanetta@epa.gov. 

(c) Fax: (404) 562–9019. 

(d) Mail: ‘‘EPA–R04–OAR–2007– 

0359,’’ Air Quality Modeling and 

Transportation 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. 

(e) Hand Delivery or Courier: 

Amanetta Wood, Air Quality Modeling 

and Transportation 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. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2007– 

0359.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13119 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Air Quality Modeling and 

Transportation 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Amanetta Wood, Air Quality Modeling 

and Transportation 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. 

Wood’s telephone number is 404–562– 

9025. She can also be reached via 

electronic mail at 

wood.amanetta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Transportation Conformity 

II. Background for This Action 

A. Federal Requirements 

B. Birmingham Conformity SIP 

C. Jackson County Conformity SIP 

III. State Submittal and EPA Evaluation 

IV. Public Comment and Final Action 

V. Statutory and Executive Order Reviews 

I. Transportation Conformity 

Transportation conformity is required 

under section 176(c) of the Clean Air 

Act (‘‘CAA’’ or ‘‘Act’’) to ensure that 

federally supported highway, transit 

projects, and other activities are 

consistent with (‘‘conform to’’) the 

purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment and to areas 

that have been redesignated to 

attainment after 1990 (maintenance 

areas) with plans developed under 

section 175A of the Act, for the 

following transportation related criteria 

pollutants: ozone, particulate matter 

(e.g., PM2.5 and PM10), carbon 

monoxide (CO), and nitrogen dioxide 

(NO10). 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant criteria 

pollutants, also known as national 

ambient air quality standards (NAAQS). 

The transportation conformity 

regulation is found in 40 CFR Part 93 

and provisions related to conformity 

SIPs are found in 40 CFR 51.390. 

II. Background for This Action 

A. Federal Requirements 

EPA promulgated the Federal 

transportation conformity criteria and 

procedures (‘‘Conformity Rule’’) on 

November 24, 1993 (58 FR 62188). 

Among other elements, the rule required 

states to address all provisions of the 

Conformity Rule in their SIPs, 

frequently referred to as ‘‘conformity 

SIPs’’. Under 40 CFR 51.390, most 

sections of the Conformity Rule were 

required to be incorporated into the SIP 

verbatim. States were also allowed to 

tailor all or portions of the following 

three sections of the Conformity Rule to 

meet their states’ individual 

circumstances: 40 CFR 93.105 (which 

addresses consultation procedures); 40 

CFR 93.122(a)(4)(ii) (which addresses 

written commitments to control 

measures that are not included in a 

metropolitan planning organization’s 

(MPO’s) transportation plan and 

transportation improvement program 

that must be obtained prior to a 

conformity determination, and the 

requirement that such commitments, 

when they exist, must be fulfilled); and 

40 CFR 93.125(c) (which addresses 

written commitments to mitigation 

measures that must be obtained prior to 

a project-level conformity 

determination, and the requirement that 

project sponsors must comply with such 

commitments, when they exist). 

On August 10, 2005, the ‘‘Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users’’ (SAFETEA–LU) was signed into 

law. SAFETEA–LU revised section 

176(c) of the CAA’s transportation 

conformity provisions. One of the 

changes streamlined the requirements 

for conformity SIPs. Under SAFETEA– 

LU, states are now required to address 

and tailor only the following three 

sections of the Conformity Rule in their 

conformity SIPs: 40 CFR 93.105, 40 CFR 

93.122(a)(4)(ii), and 40 CFR 93.125(c). In 

general, states are no longer required to 

submit conformity SIP revisions that 

address the other sections of the 

Conformity Rule. These changes took 

effect on August 10, 2005, when 

SAFETEA–LU was signed into law. 

B. Birmingham Conformity SIP 

Effective June 15, 2004, EPA 

designated the entire counties of 

Jefferson and Shelby in the Birmingham, 

Alabama Area, as nonattainment for the 

1997 8-hour ozone standard. On May 

12, 2006, EPA redesignated the 1997 8- 

hour ozone Birmingham Nonattainment 

Area to attainment for the 1997 8-hour 

ozone NAAQS (71 FR 27631). Effective 

April 5, 2005, EPA designated the entire 

counties of Jefferson and Shelby, and a 

portion of the county of Walker in the 

Birmingham Area, as nonattainment for 

the PM2.5 standard. The current 

designation status of the Birmingham 

PM2.5 Area is nonattainment. For 

further information, see 40 CFR 81 for 

Birmingham, Alabama air quality 

planning areas and designations. 

The Birmingham Metropolitan 

Planning Organization (BMPO) is the 

MPO for the entire Birmingham 1997 8- 

hour ozone Area, and for most of the 

Birmingham PM2.5 Area. BMPO’s 

planning boundary includes Jefferson 

and Shelby Counties in Alabama. The 

portion of Walker County, Alabama that 

is designated nonattainment as part of 

the Birmingham PM2.5 Nonattainment 

Area is not within the BMPO planning 

boundary, and thus is considered a 

‘‘donut’’ area for the purposes of 

implementing transportation conformity 

in this area. Per the Transportation 

Conformity Rule, the MPO’s conformity 

determination is not complete without a 

regional analysis that considers the 

projects in the MPO area as well as the 

donut areas that are within the 

13120 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

nonattainment/maintenance area. For 

the purposes of implementing 8-hour 

ozone and PM2.5 conformity, BMPO 

serves as the lead agency for the 

preparation, consultation, and 

distribution of the conformity 

determinations. BMPO coordinates with 

the Alabama Department of 

Transportation for travel-related 

information for the portion of Walker 

County that is included in the PM2.5 

Nonattainment Area. 

The Birmingham area has previously 

established a transportation conformity 

SIP. In 2002, EPA approved the State of 

Alabama’s SIP revision which 

incorporated by reference 40 CFR part 

93, subpart A (67 FR 50808), as well as 

rules consistent with 40 CFR 93.105, 

93.122 (a)(4)(ii), and 93.125(c) for the 

Birmingham area. In addition, the 

Birmingham area had established a 

Memorandum of Agreement (MOA) for 

implementing the conformity Criteria 

and Consultation Procedure. The new 

conformity SIP (the subject of this 

rulemaking) has removed any 

incorporation by reference and has 

revised the MOA to be consistent with 

the SAFETEA–LU revisions to the CAA 

(Pub. L. 109–59) and subsequent 

regulations published on January 24, 

2008 (73 FR 4420). 

C. Jackson County Conformity SIP 

Effective April 5, 2005, EPA 

designated Hamilton County in 

Tennessee, and portions of Walker and 

Catoosa Counties in Georgia, and a 

portion of Jackson County, Alabama in 

the Tri-state Chattanooga Area, as 

nonattainment for the PM2.5 standard. 

The current designation status of the 

Tri-state Chattanooga PM2.5 Area is 

nonattainment (including the portion of 

Jackson County, Alabama). Thus, this 

area also has to meet transportation 

conformity requirements. 

The Chattanooga Transportation 

Planning Organization (CHCNGA TPO) 

is the MPO for most of the Tri-state 

Chattanooga PM2.5 Area. CHCNGA 

TPO’s planning boundary includes 

Hamilton County in Tennessee, and 

Walker and Catoosa Counties in 

Georgia. Portions of Walker and Catoosa 

Counties in Georgia, and Jackson 

County, Alabama, are not within the 

CHCNGA TPO planning boundary, and 

thus are considered ‘‘donut’’ areas for 

the purposes of implementing 

transportation conformity in this area. 

CHCNGA TPO coordinates with the 

Alabama Department of Transportation 

for travel-related information for the 

portion of Jackson County that is 

included in the PM2.5 Nonattainment 

Area. Additionally, the Georgia 

Department of Transportation 

coordinates with the Alabama 

Department of Transportation for travelrelated information for Walker and 

Catoosa that are included in the PM2.5 

Nonattainment Area. 

As a newly designated nonattainment 

area, the portion of Jackson County, 

Alabama that is a part of the Tri-state 

Chattanooga PM2.5 Area does not have 

a previous conformity SIP. The State of 

Tennessee and the State of Georgia will 

establish conformity procedures for 

Hamilton County in Tennessee, and 

portions of Walker and Catoosa 

Counties in Georgia for their respective 

states in their individual conformity 

SIPs. The SIP revision at issue now 

includes the conformity procedures for 

the portion of Jackson County, Alabama 

that is included as part of the Tri-state 

Chattanooga PM2.5 Area. 

III. State Submittal and EPA Evaluation 

On March 7, 2007, the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted the 

State’s transportation conformity and 

consultation interagency Memorandum 

of Agreement (MOA) to EPA as a 

revision to the SIP, addressing the 8- 

hour ozone maintenance area and the 

PM2.5 Nonattainment Area. The 

Alabama transportation conformity 

MOA establishes procedures for 

interagency consultation and supersedes 

the April 3, 2003, incorporation into the 

SIP of Chapter 335–3–17 (which 

included previous procedures for 

interagency consultation). Alabama 

Administrative Code (AAC) Chapter 

335–3–17 incorporated EPA regulations 

found in 40 CFR Part 93, Subpart A 

(July 1, 1997), and 62 FR 43780 (August 

15, 1997), by reference and originally 

only applied to the 1997 8-hour ozone 

Birmingham Nonattainment Area. The 

revision to Chapter 335–3–17 that EPA 

is approving now no longer incorporates 

the federal transportation conformity 

rules by reference, but still includes all 

the minimum requirements of the 

federal rules. In addition, consistent 

with ADEM’s SIP submittal, AAC 

Chapter 335–3–17 will now apply to all 

nonattainment and maintenance areas 

in Alabama. 

On January 8, 2009, the State of 

Alabama, through ADEM, submitted a 

SIP revision to the March 2007 Alabama 

Administrative Code (AAC) Chapter 

335–3–17–.01. This action addresses the 

March 7, 2007 as well as the January 8, 

2009, submission. 

The State of Alabama developed its 

consultation rule (AAC Chapter 335–3– 

17) based on the elements contained in 

40 CFR 93.105, 93.122(a)(4)(ii), and 

93.125(c) and included it in the MOA. 

As a first step, the State worked with the 

existing transportation planning 

organization’s interagency committee 

that included representatives from: 

ADEM; the Alabama Department of 

Transportation (DOT); the Birmingham 

Regional Planning Commission (BRPC); 

Birmingham Metropolitan Planning 

Organization, Federal Highway 

Administration—Alabama Division; 

Federal Transit Administration; 

Jefferson County Department of Health 

(JCDH); Jefferson County Transit 

Authority (B–JCTA); and EPA. The 

interagency committee met regularly 

and drafted the consultation rules 

considering elements in 40 CFR 93.105, 

93.122(a)(4)(ii), and 93.125(c), and 

integrated the local procedures and 

processes into the consultation MOA. 

The consultation process developed in 

this MOA is for the State of Alabama. 

The MOA is enforceable against the 

parties by their consent in the MOA to 

allow the Attorney General for the State 

of Alabama to sue any or all of the 

agencies for specific performance or 

other relief on behalf of the citizens of 

Alabama. On January 4, 2007, ADEM 

held a public hearing for the 

transportation conformity MOA and 

rulemaking. The final MOA was issued 

by Alabama on April 3, 2007, and 

subsequently submitted to EPA as a SIP 

revision. On October 8, 2008, ADEM 

held a public hearing for a second 

revision to the transportation 

conformity rulemaking. The final 

rulemaking package for the second 

revision was issued by Alabama on 

December 12, 2008, and subsequently 

submitted to EPA as a SIP revision. 

EPA has evaluated this SIP revision 

and has determined that the State has 

met the requirements of federal 

transportation conformity rules as 

described in 40 CFR part 51, subpart T 

and 40 CFR part 93, subpart A. ADEM 

has satisfied the public participation 

and comprehensive interagency 

consultation requirement during 

development and adoption of the MOA 

at the local level. Therefore, EPA is 

approving the revision to the Alabama 

SIP, as well as AAC Chapters 335–3–17– 

.01 and .02, ‘‘Conformity of Federal 

Actions to State Implementation Plans.’’ 

EPA’s rules requires the states to 

develop their own processes and 

procedures for interagency consultation 

among the Federal, state, and local 

agencies and resolution of conflicts 

meeting the criteria in 40 CFR 93.105. 

The SIP revision must include processes 

and procedures to be followed by the 

MPO, state DOT, and U.S. Department 

of Transportation in consulting with the 

state and local air quality agencies and 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13121 

EPA before making conformity 

determinations. The transportation 

conformity SIP revision must also 

include processes and procedures for 

the state and local air quality agencies 

and EPA to coordinate the development 

of applicable SIPs with MPOs, state 

DOTs, and the U.S. Department of 

Transportation. 

EPA has reviewed the submittal to 

ensure consistency with the CAA as 

amended by SAFETEA–LU and EPA 

regulations (40 CFR part 93 and 40 CFR 

51.390) governing state procedures for 

transportation conformity and 

interagency consultation and have 

concluded that the submittal is 

approvable. Details of our review are set 

forth in a technical support document 

(TSD), which has been included in the 

docket for this action. Specifically, in 

the TSD, we identify how the submitted 

procedures satisfy our requirements 

under 40 CFR 93.105 for interagency 

consultation with respect to the 

development of transportation plans 

and programs, SIPs, and conformity 

determinations, the resolution of 

conflicts, and the provision of adequate 

public consultation, and our 

requirements under 40 CFR 

93.122(a)(4)(ii) and 93.125(c) for 

enforceability of control measures and 

mitigation measures. 

IV. Public Comment and Final Action 

For the reasons set forth above, EPA 

is taking action under section 110 of the 

Act to approve the MOA implementing 

the conformity criteria and consultation 

procedures revision to the Alabama SIP 

pursuant to the CAA, as a revision to the 

Alabama SIP. As a result of this action, 

the Birmingham area’s previously SIPapproved conformity procedures for the 

Birmingham area (79 FR 7487, April 23, 

2003) will be replaced by the 

procedures adopted by State of Alabama 

on February 23, 2007, and December 12, 

2008, submitted to EPA on March 7, 

2007, and January 8, 2009, for approval, 

and now being approved into the SIP. 

This action also establishes consultation 

procedures for the portion of Jackson 

County designated nonattainment, 

adopted by the State of Alabama on 

February 23, 2007, and December 12, 

2008, and submitted to EPA on March 

7, 2007, and January 8, 2009, for 

approval. Additionally, this action will 

approve the revision of Chapter 335–3– 

1–.14 and the addition of Chapter 335– 

3–1–.16, in order to fulfill the emission 

reporting requirements under 40 CFR 

51.125. 

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 May 26, 2009 

without further notice unless the 

Agency receives adverse comments by 

April 27, 2009. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the 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 May 26, 2009 

and no further action will be taken on 

the proposed rule. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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 May 26, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register; rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

13122 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

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, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 25, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart (B)—Alabama 

■ 2. Section 52.50(e) is amended by 

adding a new entry at the end of the 

table for ‘‘Conformity SIP for 

Birmingham and Jackson County’’ to 

read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

* * * * * * * 

Conformity SIP for Birmingham and 

Jackson County.

Jefferson County, Shelby County, 

Jackson County.

12/12/2008 3/26/2009 [Insert citation of publication].

[FR Doc. E9–6647 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R09–OAR–2008–0942; FRL–8781–2] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Control of 

Emissions From Existing Other Solid 

Waste Incinerator Units; Arizona; Pima 

County Department of Environmental 

Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a negative declaration 

submitted by the Pima County 

Department of Environmental Quality. 

The negative declaration certifies that 

other solid waste incinerator units, 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act, do 

not exist within the agency’s air 

pollution control jurisdiction. 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives adverse comments by April 27, 

2009. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2008–0942, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. 

While all documents in the docket are 

listed in the index, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material), and some may not be publicly 

available in either location (e.g., CBI). 

To inspect the hard copy materials, 

please schedule an appointment during 

normal business hours with the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Final EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

Sections 111(d) and 129 of the Clean 

Air Act (CAA or the Act) require States 

to submit plans to control certain 

pollutants (designated pollutants) at 

existing solid waste combustor facilities 

(designated facilities) whenever 

standards of performance have been 

established under section 111(b) for new 

sources of the same type, and EPA has 

established emission guidelines (EG) for 

such existing sources. A designated 

pollutant is any pollutant for which no 

air quality criteria have been issued, and 

which is not included on a list 

published under section 108(a) or 

section 112(b)(1)(A) of the CAA, but 

emissions of which are subject to a 

standard of performance for new 

stationary sources. However, section 

129 of the CAA also requires EPA to 

promulgate EG for solid waste 

incineration units that emit a mixture of 

air pollutants. These pollutants include 

organics (dioxins/furans), carbon 

monoxide, metals (cadmium, lead, 

mercury), acid gases (hydrogen chloride, 

sulfur dioxide, and nitrogen oxides) and 

particulate matter (including opacity).