Rule2021-14180
Air Plan Approval; AL; NOX
Primary source
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Published
July 7, 2021
Effective
August 6, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Alabama through a letter dated February 27, 2020, to add regulations maintaining compliance with the State's nitrogen oxides (NO<INF>X</INF>) SIP Call obligations for large non-electricity generating units (non-EGUs), to repeal the State's previously sunsetted NO<INF>X</INF> Budget Trading Program regulations, and to repeal the State's Clean Air Interstate Rule (CAIR) regulations. EPA is also conditionally approving into the SIP state regulations that establish monitoring and reporting requirements for units subject to the NO<INF>X</INF> SIP Call, including alternative monitoring options for certain sources for NO<INF>X</INF> SIP Call purposes. In addition, EPA is making ministerial changes to reflect the State's renumbering of an existing regulation for ``New Combustion Sources.''
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35610-35615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14180]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0129; FRL-10025-80-Region 4]
Air Plan Approval; AL; NOX SIP Call and Removal of CAIR
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the State of Alabama through a letter dated February 27, 2020, to
add regulations maintaining compliance with the State's nitrogen oxides
(NO<INF>X</INF>) SIP Call obligations for large non-electricity
generating units (non-EGUs), to repeal the State's previously sunsetted
NO<INF>X</INF> Budget Trading Program regulations, and to repeal the
State's Clean Air Interstate Rule (CAIR) regulations. EPA is also
conditionally approving into the SIP state regulations that establish
monitoring and reporting requirements for units subject to the
NO<INF>X</INF> SIP Call, including alternative monitoring options for
certain sources for NO<INF>X</INF> SIP Call purposes. In addition, EPA
is making ministerial changes to reflect the State's renumbering of an
existing regulation for ``New Combustion Sources.''
DATES: This rule is effective August 6, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0129. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation
[[Page 35611]]
Branch, Air and Radiation 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 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#27544448414e424b430954534251426742574609404851"><span class="__cf_email__" data-cfemail="7f0c1c1019161a131b510c0b1a091a3f1a0f1e51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also
called the good neighbor provision, states are required to address the
interstate transport of air pollution. Specifically, the good neighbor
provision requires that each state's implementation plan contain
adequate provisions to prohibit air pollutant emissions from within the
state that will significantly contribute to nonattainment of the
national ambient air quality standards (NAAQS), or that will interfere
with maintenance of the NAAQS, in any other state.
In October 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (NO<INF>X</INF> SIP Call). The NO<INF>X</INF> SIP
Call required eastern states, including Alabama, to submit SIPs that
prohibit excessive emissions of ozone season NO<INF>X</INF> by
implementing statewide emissions budgets.\1\ The NO<INF>X</INF> SIP
Call addressed the good neighbor provision for the 1979 ozone NAAQS and
was designed to mitigate the impact of transported NO<INF>X</INF>
emissions, one of the precursors of ozone.\2\ EPA developed the
NO<INF>X</INF> Budget Trading Program, an allowance trading program
that states could adopt to meet their obligations under the
NO<INF>X</INF> SIP Call. This trading program allowed the following
sources to participate in a regional cap and trade program: Generally
EGUs with capacity greater than 25 megawatts (MW); and large industrial
non-EGUs, such as boilers and combustion turbines, with a rated heat
input greater than 250 million British thermal units per hour (MMBtu/
hr). The NO<INF>X</INF> SIP Call also identified potential reductions
from cement kilns and stationary internal combustion engines.
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\1\ See 63 FR 57356 (October 27, 1998).
\2\ As originally promulgated, the NO<INF>X</INF> SIP Call also
addressed good neighbor obligations under the 1997 8-hour ozone
NAAQS, but EPA subsequently stayed and later rescinded the rule's
provisions with respect to that standard. See 65 FR 56245 (September
18, 2000); 84 FR 8422 (March 8, 2019).
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To comply with the NO<INF>X</INF> SIP Call requirements, in 2001,
the Alabama Department of Environmental Management (ADEM) submitted a
revision to add new rule sections to the SIP-approved version of
Alabama Administrative Code Chapter 335-3-1, General Provisions, and
Chapter 335-3-8, Control of Nitrogen Oxides Emissions. EPA approved the
revision as compliant with Phase I of the NO<INF>X</INF> SIP Call in
2001. See 66 FR 36919 (July 16, 2001). The approved revision required
EGUs and large non-EGUs in the State to participate in the
NO<INF>X</INF> Budget Trading Program beginning in 2004. In 2005,
Alabama submitted, and EPA approved, a SIP revision to address
additional emissions reductions required for the NO<INF>X</INF> SIP
Call under Phase II. See 70 FR 76694 (December. 28, 2005).
In 2005, EPA published CAIR, which required several eastern states,
including Alabama, to submit SIPs that prohibited emissions consistent
with revised ozone season (and annual) NO<INF>X</INF> budgets. See 70
FR 25162 (May 12, 2005); see also 71 FR 25328 (April 28, 2006). CAIR
addressed the good neighbor provision for the 1997 ozone NAAQS and 1997
fine particulate matter (PM<INF>2.5</INF>) NAAQS and was designed to
mitigate the impact of transported NO<INF>X</INF> emissions with
respect to ozone and PM<INF>2.5.</INF> CAIR established several trading
programs that EPA implemented through federal implementation plans
(FIPs) for EGUs greater than 25 MW in each affected state, but not
large non-EGUs; states could submit SIPs to replace the FIPs that
achieved the required emission reductions from EGUs and/or other types
of sources.\3\ When the CAIR trading program for ozone season
NO<INF>X</INF> was implemented beginning in 2009, EPA discontinued
administration of the NO<INF>X</INF> Budget Trading Program; however,
the requirements of the NO<INF>X</INF> SIP Call continued to apply.
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\3\ CAIR had separate trading programs for annual sulfur dioxide
(SO<INF>2</INF>) emissions, seasonal NO<INF>X</INF> emissions, and
annual NO<INF>X</INF> emissions.
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On October 1, 2007 (72 FR 55659), EPA approved changes to Alabama's
SIP that incorporated requirements for CAIR. Consistent with CAIR's
requirements, EPA approved a SIP revision in which Alabama regulations:
(1) Sunset its NO<INF>X</INF> Budget Trading Program requirements, and
(2) incorporated CAIR annual and ozone season NO<INF>X</INF> state
trading programs. See 72 FR 55659. Participation of EGUs in the CAIR
ozone season NO<INF>X</INF> trading program addressed the State's
obligation under the NO<INF>X</INF> SIP Call for those units, and
Alabama also chose to require non-EGUs subject to the NO<INF>X</INF>
SIP Call to participate in the same CAIR trading program. In this
manner, Alabama's CAIR rules incorporated into the SIP addressed the
State's obligations under the NO<INF>X</INF> SIP Call with respect to
both EGUs and non-EGUs.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896,
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect temporarily until a replacement rule
consistent with the court's opinion was developed. While EPA worked on
developing a replacement rule, the CAIR program continued to be
implemented with the NO<INF>X</INF> annual and ozone season trading
programs beginning in 2009 and the SO<INF>2</INF> annual trading
program beginning in 2010.
Following the D.C. Circuit's remand of CAIR, EPA promulgated the
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good
neighbor obligations for the 1997 ozone NAAQS, the 1997
PM<INF>2.5</INF> NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS. See 76 FR
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in eastern
states, including Alabama, to meet annual and ozone season
NO<INF>X</INF> emission budgets and annual SO<INF>2</INF> emission
budgets implemented through new trading programs. Implementation of
CSAPR began on January 1, 2015.\4\ CSAPR also contained provisions that
would sunset CAIR-related obligations on a schedule coordinated with
the implementation of the CSAPR compliance requirements. Participation
by a state's EGUs in the CSAPR trading program for ozone season
NO<INF>X</INF> generally addressed the state's obligation under the NOx
SIP Call for EGUs. CSAPR did not initially contain provisions allowing
states to incorporate large non-EGUs into that trading program to meet
the requirements of the NO<INF>X</INF> SIP Call for non-EGUs. EPA also
stopped
[[Page 35612]]
administering CAIR trading programs with respect to emissions occurring
after December 31, 2014.\5\
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\4\ See 79 FR 71663 (December 3, 2014).
\5\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
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To comply with CSAPR, Alabama adopted SO<INF>2</INF> and
NO<INF>X</INF> CSAPR trading program rules, including budgets, in ADEM
Administrative Code Chapters 335-3-5 and 335-3-8. On August 31, 2016,
EPA approved Alabama's CSAPR annual SO<INF>2</INF> and annual
NO<INF>X</INF> trading program rules into the SIP.\6\ See 81 FR 59869.
Because EPA stopped administering the CAIR trading programs after 2014,
the approved CAIR rules in the State's SIP have not been implemented
for several years. Furthermore, ADEM repealed all CAIR and CAIR-related
regulations from Alabama Administrative Code Chapters 335-3-1, 335-3-5,
and 335-3-8 on December 9, 2011.\7\ Even though the CAIR programs were
not being implemented in Alabama, ozone season NOx emissions have
remained well below the NO<INF>X</INF> SIP Call budget levels.
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\6\ In the 2016 action, EPA did not act on the portion of
Alabama's SIP submittal intended to replace Alabama units'
obligations to participate in CSAPR's federal trading program for
ozone-season NOx emissions.
\7\ Although CAIR-related regulations were repealed from ADEM
Administrative Code on December 11, 2011, the repeal of the
regulations was not effective until February 20, 2015. EPA is now
proposing to remove the repealed regulations from the SIP.
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After litigation that reached the Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded several state budgets to EPA for
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118,
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season
NO<INF>X</INF> budgets in the Cross-State Air Pollution Rule Update for
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed
eastern states' good neighbor obligations for the 2008 ozone NAAQS. See
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR
Update demonstrated that Alabama contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone
NAAQS in other states. The CSAPR Update reestablished an option for
most states to meet their ongoing obligations for non-EGUs under the
NO<INF>X</INF> SIP Call by including the units in the CSAPR Update
trading program.
The CSAPR Update trading program replaced the original CSAPR
trading program for ozone season NO<INF>X</INF> for most covered
states. On October 6, 2017, EPA approved Alabama's CSAPR Update ozone
season NO<INF>X</INF> trading program rules for EGUs into the State's
SIP.\8\ See 82 FR 46674. Alabama's EGUs participate in the CSAPR Update
trading program, generally also addressing the state's obligations
under the NO<INF>X</INF> SIP Call for EGUs. However, Alabama elected
not to include its large non-EGUs in the CSAPR Update ozone season
trading program. Because Alabama's large non-EGUs no longer participate
in any CSAPR or CSAPR Update trading program for ozone season NOx
emissions, the NO<INF>X</INF> SIP Call regulations at 40 CFR
51.121(r)(2) as well as anti-backsliding provisions at 40 CFR 51.905(f)
and 40 CFR 51.1105(e) require these non-EGUs to maintain compliance
with NO<INF>X</INF> SIP Call requirements in some other way.
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\8\ This action approved CSAPR and CSAPR Update-related
provisions of Alabama SIP submissions dated October 26, 2015, and
May 19, 2017.
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Under 40 CFR 51.121(f)(2) of the NOx SIP Call regulations, where a
State's SIP contains control measures for EGUs and large non-EGU
boilers and combustion turbines, the SIP must contain enforceable
limits on the ozone season NOx mass emissions from these sources. In
addition, under 40 CFR 51.121(i)(4) of the NOx SIP Call regulations as
originally promulgated, the SIP also had to require these sources to
monitor emissions according to the provisions of 40 CFR part 75, which
generally entails the use of continuous emission monitoring systems
(CEMS). Alabama triggered these requirements by including control
measures in its SIP for these types of sources, and the requirements
have remained in effect despite the discontinuation of the
NO<INF>X</INF> Budget Trading Program after the 2008 ozone season. On
March 8, 2019, EPA revised some of the regulations that were originally
promulgated in 1998 to implement the NO<INF>X</INF> SIP Call.\9\ The
revision gave states covered by the NO<INF>X</INF> SIP Call greater
flexibility concerning the form of the NOx emissions monitoring
requirements that the states must include in their SIPs for certain
emissions sources. The revision amended 40 CFR 51.121(i)(4) to make
Part 75 monitoring, recordkeeping, and reporting optional, such that
SIPs may establish alternative monitoring requirements for SIP Call
budget units that meet the general requirements of 40 CFR 51.121(f)(1)
and (i)(1). Under the updated provision, a state's implementation plan
still needs to include some form of emissions monitoring requirements
for these types of sources, consistent with the NO<INF>X</INF> SIP
Call's general enforceability and monitoring requirements at Sec. Sec.
51.121(f)(1) and (i)(1), respectively, but states are no longer be
required to satisfy these general NO<INF>X</INF> SIP Call requirements
specifically through the adoption of 40 CFR part 75 monitoring
requirements.
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\9\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NO<INF>X</INF> SIP Call,''
84 FR 8422 (March 8, 2019).
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After evaluating the various options available following EPA's
March 8, 2019, revision to the NO<INF>X</INF> SIP Call requirements,
ADEM revised its regulations to address NO<INF>X</INF> SIP Call
requirements and adopt alternative monitoring options for certain large
non-EGUs. The changes require large non-EGUs in the State to address
the NO<INF>X</INF> SIP Call's requirements for enforceable limits on
ozone season NO<INF>X</INF> mass emissions in a manner that does not
rely on the administration of an interstate trading program. In
addition, Alabama had previously revised its regulations to remove
NO<INF>X</INF> Budget Trading Program and CAIR trading program
provisions after EPA stopped administering those programs. Alabama also
revised its regulations non-substantively to renumber the regulation
titled, ``New Combustion Sources'' from Rule 335-3-8-.14 to Rule 335-3-
8-.05. The February 27, 2020, SIP revision submitted by ADEM requests
approval into the SIP of all of these rule changes.
For a comprehensive discussion of EPA's analysis and rationale for
approval of the State's submittal, please refer to EPA's March 3, 2021,
notice of proposed rulemaking. See 86 FR 12305 (March 3, 2021). EPA
received no comments on the proposed approval of Alabama's SIP.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Alabama
Administrative Code Rule 335-3-8-.71, ``NO<INF>X</INF> Budget
Program,'' which reestablishes enforceable limits on ozone season
NO<INF>X</INF> mass emission for certain units as required by EPA's
NO<INF>X</INF> SIP Call regulations, and conditionally approving Rule
335-3-8-.72, ``NO<INF>X</INF> Budget Program Monitoring and
Reporting,'' which establishes alternative emission monitoring
requirements for the units, both state effective on April 13, 2020.
Further, EPA is approving the renumbering of Rule 335-3-8-.14, ``New
Combustion Sources'' to 335-3-8-.05, ``New Combustion Sources,'' state
effective January 16, 2012. Also in this document, EPA is finalizing
the removal of provisions from the Alabama State
[[Page 35613]]
Implementation Plan regarding the State's NO<INF>X</INF> Budget Trading
Program and CAIR trading program regulations at Rules 335-3-1-.14, 335-
3-1-.16,\10\ 335-3-5-.06 through 335-3-5-.08, 335-3-5-.11 through 335-
3-5-.14, 335-3-8-.05 through 335-3-8-.13, 335-3-8-.16 through 335-3-
8-.18, 335-3-8-.20, 335-3-8-.21, 335-3-8-.23 through 335-3-8-.27, 335-
3-8-.29, 335-3-8-.30, 335-3-8-.32, and 335-3-8-.33, which were
incorporated by reference in accordance with the requirements of 1 CFR
part 51. EPA has made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, the revised materials as stated above, have been approved by
EPA for inclusion in the State implementation plan, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\11\
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\10\ Rule 335-3-1-.16 was originally approved into the Alabama
SIP on March 26, 2009 (74 FR 13118). However, inadvertently, Rule
335-3-1-.16 was never added to the table of EPA-Approved Alabama
Regulations found at 40 CFR 52.50(c). In effect, there is no need to
remove an entry for this Section from the table of EPA-Approved
Alabama Regulations because EPA is now approving the removal of this
Rule from the Alabama SIP and an approval entry was never included.
\11\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve revisions to Alabama's SIP,
which the State submitted to EPA on February 27, 2020, regarding the
NO<INF>X</INF> Budget Program. EPA has determined that these portions
of Alabama's SIP meet the applicable requirements of sections 110 and
172 of the CAA and applicable regulatory requirements at 40 CFR part
51. In addition, EPA is conditionally approving certain revisions, as
described above, regarding the NO<INF>X</INF> Budget Program's
monitoring and reporting requirements, per Alabama's commitment through
a letter dated September 15, 2020.
IV. 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. See 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. 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 September 7, 2021. 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. This action may 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 52.49 is added to read as follows:
Sec. 52.49 Conditional approval.
EPA conditionally approved Rule 335-3-8-.72, NO<INF>X</INF> Budget
Program Monitoring and Reporting, submitted by Alabama on February 27,
2020, into the Alabama SIP on July 7, 2021. This conditional approval
is based on Alabama's September 15, 2020, commitment to the EPA to
correct, within one year of the conditional
[[Page 35614]]
approval, the stack testing requirement, which was added to Rule 335-3-
8-.72(1)(c) in error. If Alabama fails to meet its commitment by July
7, 2022, the conditional approval will become a disapproval on July 7,
2022 and EPA will issue a notification to that effect.
0
3. Section 52.50 is amended in the table in paragraph (c) by:
0
a. Removing the entries for Sections--
0
i. 335-3-1-.14, titled ``Emissions Reporting Requirements Relating to
Budgets for NO<INF>X</INF> Emissions'';
0
ii. 335-3-5-.06, titled ``State Clean Air Interstate Rule (CAIR)
SO<INF>2</INF> Trading Program General Provisions'';
0
iii. 335-3-5-.07, titled ``CAIR Designated Representative for CAIR
SO<INF>2</INF> Sources'';
0
iv. 335-3-5-.08, titled ``Permits'';
0
v. 335-3-5-.11, titled ``CAIR SO<INF>2</INF> Allowance Tracking
System'';
0
vi. 335-3-5-.12, titled ``CAIR SO<INF>2</INF> Allowance Transfers'';
0
vii. 335-3-5-.13, titled ``Monitoring and Reporting'';
0
viii. 335-3-5-.14, titled ``CAIR SO<INF>2</INF> Opt-In Units'';
0
ix. 335-3-8-.05, titled ``NO<INF>X</INF> Budget Trading Program'';
0
x. 335-3-8-.06, titled ``Authorized Account Representative for
NO<INF>X</INF> Budget Sources'';
0
xi. 335-3-8-.07, titled ``Permits'';
0
xii. 335-3-8-.08, titled ``Compliance Certification'';
0
xiii. 335-3-8-.09, titled ``NO<INF>X</INF> Allowance Allocations'';
0
xiv. 335-3-8-.10, titled ``NO<INF>X</INF> Allowance Tracking System'';
0
xv. 335-3-8-.11, titled ``NO<INF>X</INF> Allowance Transfers'';
0
xvi. 335-3-8-.12, titled ``Monitoring and Reporting'';
0
xvii. 335-3-8-.13, titled ``Individual Unit Opt-ins'';
0
xviii. 335-3-8-.14, titled ``New Combustion Sources'';
0
xix. 335-3-8-.16, titled ``CAIR NO<INF>X</INF> Annual Budget Trading
Program'';
0
xx. 335-3-8-.17, titled ``CAIR Designated Representative for CAIR
NO<INF>X</INF> Sources'';
0
xxi. 335-3-8-.18, titled ``CAIR Permits'';
0
xxii. 335-3-8-.20, titled ``CAIR NO<INF>X</INF> Allowance
Allocations'';
0
xxiii. 335-3-8-.21, titled ``CAIR NO<INF>X</INF> Allowance Tracking
System'';
0
xxiv. 335-3-8-.23, titled ``CAIR Monitoring and Reporting'';
0
xxv. 335-3-8-.24, titled ``CAIR NO<INF>X</INF> Opt-in Units'';
0
xxvi. 335-3-8-.25, titled ``CAIR NO<INF>X</INF> Ozone Season Trading
Program'';
0
xxvii. 335-3-8-.26, titled ``CAIR Designated Representative for CAIR
NO<INF>X</INF> Ozone Season Sources'';
0
xxviii. 335-3-8-.27, titled ``CAIR NO<INF>X</INF> Ozone Season
Permits'';
0
xxix. 335-3-8-.29, titled ``CAIR NO<INF>X</INF> Ozone Season Allowance
Allocations'';
0
xxx. 335-3-8-.30, titled ``CAIR NO<INF>X</INF> Ozone Season Allowance
Tracking System'';
0
xxxi. 335-3-8-.32, titled ``CAIR NO<INF>X</INF> Ozone Season Monitoring
and Reporting''; and
0
xxxii. 335-3-8-.33, titled ``CAIR NO<INF>X</INF> Ozone Season Opt-in
Units'';
0
b. Adding entries for Sections--
0
i. 335-3-8-.05, titled ``New Combustion Sources'';
0
ii. 335-3-8-.71, titled ``NOx Budget Program''; and
0
iii. 335-3-8-.72, titled ``NO<INF>X</INF> Budget Program Monitoring and
Reporting'';
0
c. Revising the entries for Sections--
0
i. 335-3-5-.06 through 335-3-5.08;
0
ii. 335-3-5-.11 through 335-3-5.14;
0
iii. 335-3-8-.07 through 335-3-8.14;
0
iv. 335-3-8-.16 through 335-3-8.18;
0
v. 335-3-8-.20 and 335-3-8-.21;
0
vi. 335-3-8-.23 through 335-3-8.27;
0
vii. 335-3-8-.29 and 335-3-8-.30; and
0
d. Removing ``Both sections of 335-3-8-.33 are included in the approved
SIP.'' in the ``Explanation'' column in the entry for Section 335-3-
8-.33.
The revisions and additions read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
* * * * *
EPA-Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-5 Control of Sulfur Compound Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-5-.06...................... TR SO2 Trading Program--Purpose 11/24/2015 8/31/2016, 81 FR 59869......................
and Definitions.
Section 335-3-5-.07...................... TR SO2 Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Applicability.
Section 335-3-5-.08...................... TR SO2 Trading Program--Retired 11/24/2015 8/31/2016, 81 FR 59869......................
Unit Exemption.
* * * * * * *
Section 335-3-5-.11...................... Administrative Appeal 11/24/2015 8/31/2016, 81 FR 59869......................
Procedures.
Section 335-3-5-.12...................... SO2 Trading Budgets and 11/24/2015 8/31/2016, 81 FR 59869......................
Variability Limits.
Section 335-3-5-.13...................... TR SO2 Allowance Allocations... 12/7/2018 3/12/2020, 85 FR 14418......................
Section 335-3-5-.14...................... Authorization of Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-8-.05...................... New Combustion Sources......... 1/16/2012 7/7/2021, [Insert citation of publication]..
* * * * * * *
Section 335-3-8-.07...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Purpose and Definitions.
[[Page 35615]]
Section 335-3-8-.08...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Applicability.
Section 335-3-8-.09...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Retired Unit Exemption.
Section 335-3-8-.10...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Standard Requirements.
Section 335-3-8-.11...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Computation of Time.
Section 335-3-8-.12...................... Administrative Appeal 11/24/2015 8/31/2016, 81 FR 59869......................
Procedures.
Section 335-3-8-.13...................... NOX Annual Trading Budgets and 11/24/2015 8/31/2016, 81 FR 59869......................
Variability Limits.
Section 335-3-8-.14...................... TR NOX Annual Allowance 12/7/2018 3/12/2020, 85 FR 14418......................
Allocations.
Section 335-3-8-.16...................... Authorization of Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
Section 335-3-8-.17...................... Responsibilities of Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
Section 335-3-8-.18...................... Changing Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative;
Changes in Owners and
Operators; Changes in Units at
the Source.
* * * * * * *
Section 335-3-8-.20...................... Objections Concerning 11/24/2015 8/31/2016, 81 FR 59869......................
Designated Representative and
Alternate Designated
Representative.
Section 335-3-8-.21...................... Delegation by Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
Section 335-3-8-.23...................... Establishment of Compliance 11/24/2015 8/31/2016, 81 FR 59869......................
Accounts, Assurance Accounts,
and General Accounts.
Section 335-3-8-.24...................... Recordation of TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Allowance Allocations and
Auction Results.
Section 335-3-8-.25...................... Submission of TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Allowance Transfers.
Section 335-3-8-.26...................... Recordation of TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Allowance Transfers.
Section 335-3-8-.27...................... Compliance with TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Emissions Limitation.
* * * * * * *
Section 335-3-8-.29...................... Banking........................ 11/24/2015 8/31/2016, 81 FR 59869......................
Section 335-3-8-.30...................... Account Error.................. 11/24/2015 8/31/2016, 81 FR 59869......................
* * * * * * *
Section 335-3-8-.33...................... General Monitoring, 11/24/2015 8/31/2016, 81 FR 59869......................
Recordkeeping, and Reporting
Requirements.
* * * * * * *
Section 335-3-8-.71...................... NOX Budget Program............. 4/13/2020 7/7/2021, [Insert citation of publication]..
Section 335-3-8-.72...................... NOX Budget Program Monitoring 4/13/2020 7/7/2021, [Insert citation of publication].. Conditionally
and Reporting. approved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-14180 Filed 7-6-21; 8:45 am]
BILLING CODE 6560-50-P
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