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Proposed Rule2022-02683

Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS

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Published

February 9, 2022

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), via a letter dated September 15, 2020. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Birmingham, Alabama Area (hereinafter referred to as the "Birmingham Area" or "Area"). The Birmingham Area is comprised of Jefferson and Shelby Counties. EPA is proposing to approve the Birmingham Area LMP because it provides for the maintenance of the 1997 8-hour ozone NAAQS within the Birmingham Area through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Birmingham Area federally enforceable as part of the Alabama SIP.

Full Text

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<title>Federal Register, Volume 87 Issue 27 (Wednesday, February 9, 2022)</title>
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[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Proposed Rules]
[Pages 7404-7410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02683]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0010; FRL-9539-01-R4]

Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), via a letter dated September 15, 2020. The SIP
revision includes the 1997 8-hour ozone national ambient air quality
standards (NAAQS) Limited Maintenance Plan (LMP) for the Birmingham,
Alabama Area (hereinafter referred to as the ``Birmingham Area'' or
``Area''). The Birmingham Area is comprised of Jefferson and Shelby
Counties. EPA is proposing to approve the Birmingham Area LMP because
it provides for the maintenance of the 1997 8-hour ozone NAAQS within
the Birmingham Area through the end of the second 10-year portion of
the maintenance period. The effect of this action would be to make
certain commitments related to maintenance of the 1997 8-hour ozone
NAAQS in the Birmingham Area federally enforceable as part of the
Alabama SIP.

DATES: Comments must be received on or before March 11, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0010 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary

[[Page 7405]]

submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#600c01120f0303014e1301120108200510014e070f16"><span class="__cf_email__" data-cfemail="5b373a293438383a75283a293a331b3e2b3a753c342d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. Alabama's SIP Submittal
IV. EPA's Evaluation of Alabama's SIP Submittal
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. Summary of EPA's Proposed Action

In accordance with the Clean Air Act (CAA or Act), EPA is proposing
to approve the Birmingham Area LMP for the 1997 8-hour ozone NAAQS,
adopted by ADEM on September 16, 2020, and submitted by ADEM as a
revision to the Alabama SIP on September 17, 2020. In 2004, the
Birmingham Area was designated as nonattainment for the 1997 8-hour
ozone NAAQS. Subsequently, in 2006, after having clean data and EPA's
approval of a maintenance plan, the Area was redesignated to attainment
for the 1997 8-hour ozone NAAQS. See 71 FR 27631 (May 12, 2006).
The Birmingham Area LMP is designed to maintain the 1997 8-hour
ozone NAAQS within the Birmingham Area through the end of the second
10-year portion of the maintenance period beyond redesignation. EPA is
proposing to approve the plan because it meets all applicable
requirements under CAA sections 110 and 175A. As a general matter, the
Birmingham Area LMP relies on the same control measures and contingency
provisions to maintain the 1997 8-hour ozone NAAQS during the second
10-year portion of the maintenance period as the maintenance plan
submitted by ADEM for the first 10-year period.

II. Background

Ground-level ozone is formed when oxides of nitrogen
(NO<INF>X</INF>) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and in adults with lung disease. Breathing air containing
ozone can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma and other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor
visits, and emergency department visits and hospital admissions for
individuals with lung disease. Children are at increased risk from
exposure to ozone because their lungs are still developing and they are
more likely to be active outdoors, which increases their exposure.\1\
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\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010, and 27 FR 2938
(January 19, 2010).
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In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18,
1997, EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. See 62 FR 38856 (July 18, 1997).\2\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 8-hour NAAQS would be more
protective of human health, especially for children and adults who are
active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.
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\2\ In March 2008, EPA completed another review of the primary
and secondary ozone NAAQS and tightened them further by lowering the
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone NAAQS and tightened them by lowering the level
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Birmingham
Area, which includes Jefferson and Shelby Counties, as nonattainment
for the 1997 8-hour ozone NAAQS, and the designation became effective
on June 15, 2004. See 69 FR 23858 (April 30, 2004). Similarly, on May
21, 2012, EPA designated areas as unclassifiable/attainment or
nonattainment for the 2008 8-hour ozone NAAQS. EPA designated the
Birmingham Area as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. This designation became effective on July 20, 2012. See 77 FR
30088. On November 16, 2017, areas were designated for the 2015 8-hour
ozone NAAQS. The Birmingham Area was again designated attainment/
unclassifiable for the 2015 8-hour ozone NAAQS, with an effective date
of January 16, 2018. See 82 FR 54232 (November 16, 2017).
A state may submit a request that EPA redesignate a nonattainment
area that is attaining the NAAQS to attainment, and if the area has met
other required criteria described in section 107(d)(3)(E) of the CAA,
EPA may approve the redesignation request.\3\ One of the criteria for
redesignation is to have an approved maintenance plan under CAA section
175A. The maintenance plan must demonstrate that the area will continue
to maintain the NAAQS for the period extending ten years after
redesignation, and it must contain such additional measures as
necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the NAAQS will be promptly
corrected. Eight years after the effective date of redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the NAAQS for an additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring maintenance for 20 years after
redesignation).
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\3\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignating a nonattainment area to attainment. They include
attainment of the NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that improvement in
air quality is a result of permanent and enforceable reductions in
emissions, demonstration that the state has met all applicable
section 110 and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
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EPA has published long-standing guidance for states on developing

[[Page 7406]]

maintenance plans.\4\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that projected future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni memo at page 9. EPA clarified
in three subsequent guidance memos that certain areas could meet the
CAA section 175A requirement to provide for maintenance by showing that
the area was unlikely to violate the NAAQS in the future, using
information such as the area's design value \5\ being well below the
standard and the area having a historically stable design value.\6\ EPA
refers to a maintenance plan containing this streamlined demonstration
as an LMP.
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\4\ John Calcagni, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards, ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' September
4, 1992 (Calcagni memo).
\5\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone area is the
highest design value of any monitoring site in the area.
\6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas,'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas,'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM<INF>10</INF> Nonattainment Areas,'' from Lydia Wegman, OAQPS,
dated August 9, 2001. Copies of these guidance memoranda can be
found in the docket for this proposed rulemaking.
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EPA has interpreted CAA section 175A as permitting the LMP option
because section 175A of the Act does not define how areas may
demonstrate maintenance, and in EPA's experience implementing the
various NAAQS, areas that qualify for an LMP and have approved LMPs
have rarely, if ever, experienced subsequent violations of the NAAQS.
As noted in the LMP guidance memoranda, states seeking an LMP must
still submit the other maintenance plan elements outlined in the
Calcagni memo, including: An attainment emissions inventory, provisions
for the continued operation of the ambient air quality monitoring
network, verification of continued attainment, and a contingency plan
in the event of a future violation of the NAAQS. Moreover, a state
seeking an LMP must still submit its section 175A maintenance plan as a
revision to its SIP, with all attendant notice and comment procedures.
While the LMP guidance memoranda were originally written with respect
to certain NAAQS,\7\ EPA has extended the LMP interpretation of section
175A to other NAAQS and pollutants not specifically covered by the
previous guidance memos.\8\
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\7\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM<INF>10</INF>
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon monoxide (CO)
NAAQS.
\8\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the
second ten-year LMP for the Grant County 1971 Sulfur Dioxide
maintenance area).
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In this case, EPA is proposing to approve Alabama's LMP because the
State has made a showing that the Area's ozone concentrations are well
below the 1997 8-hour ozone NAAQS and have been historically stable and
that it has met the other maintenance plan requirements. ADEM submitted
this LMP for the Birmingham Area to fulfill the second maintenance plan
requirement in the Act. EPA's evaluation of the Birmingham Area LMP is
presented below.
In January of 2006, ADEM submitted to EPA a request to redesignate
the Birmingham Area to attainment for the 1997 8-hour ozone NAAQS. This
submittal included a plan to provide for maintenance of the 1997 8-hour
ozone NAAQS in Birmingham through 2017 as a revision to the Alabama
SIP. EPA approved the Birmingham Area's maintenance plan and the
State's request to redesignate the Birmingham Area to attainment for
the 1997 8-hour ozone NAAQS effective June 12, 2006. See 71 FR 27631
(May 12, 2006).\9\
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\9\ After redesignation to attainment, the Birmingham area
violated the NAAQS with 2004-2006 monitoring data. On February 6,
2008, Alabama submitted a SIP revision to EPA to fulfill ADEM's
commitment to adopt, within 18 months of a violation of the 1997 8-
hour ozone NAAQS, one or more contingency measures to help the area
re-attain the standard. See 74 FR 37945.
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Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that
one consequence of revocation was that areas that had been redesignated
to attainment (i.e., maintenance areas) for the 1997 NAAQS no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b). See 80 FR 12264, 12315 (March 6, 2015).
In South Coast Air Quality Management District v. EPA, the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) vacated the EPA's interpretation that, because of the
revocation of the 1997 8-hour ozone NAAQS, second maintenance plans
were not required for ``orphan maintenance areas,'' i.e., areas that
had been redesignated to attainment for the 1997 8-hour ozone NAAQS
maintenance areas and were designated attainment for the 2008 ozone
NAAQS. South Coast, 882 F.3d 1138 (DC Cir. 2018). Thus, states with
these ``orphan maintenance areas'' under the 1997 8-hour ozone NAAQS
must submit maintenance plans for the second maintenance period.
Accordingly, on September 17, 2020, Alabama submitted a second
maintenance plan for the Birmingham Area that shows that the Area is
expected to remain in attainment of the 1997 8-hour ozone NAAQS through
2026.
In recognition of the continuing record of air quality monitoring
data showing ambient 8-hour ozone concentrations in the Birmingham Area
well below the 1997 8-hour ozone NAAQS, ADEM chose the LMP option for
the development of a second 1997 8-hour ozone NAAQS maintenance plan.
On September 16, 2020, ADEM adopted the second 10-year 1997 8-hour
ozone maintenance plan, and on September 17, 2020, ADEM submitted the
Birmingham Area LMP to EPA as a revision to the Alabama SIP.

III. Alabama's SIP Submittal

As mentioned above, on September 17, 2020, ADEM submitted the
Birmingham Area 1997 8-hour ozone NAAQS LMP to EPA as a revision to the
Alabama SIP. The submittal includes the LMP, air quality data,
emissions inventory information, and appendices as well as
certification of adoption of the plan by ADEM. Appendices to the plan
include EPA's Guidance Memorandum for Ozone Limited Maintenance Plans
and documentation of notice, hearing, and public participation prior to
adoption of the plan by ADEM on September 16, 2020. The Birmingham Area
LMP does not include any additional emissions reduction measures but
relies on the same emission reduction strategy as their first 10-year
maintenance plan that provides for the maintenance of the 1997 8-hour
ozone NAAQS through 2017. Specifically, the measures upon which the
second 10-year LMP for the Birmingham Area relies include, among other
things, continued implementation of federal measures (e.g., Tier 3
Motor

[[Page 7407]]

Vehicle Emission and Fuel Standards,\10\ NO<INF>X</INF> SIP Call,\11\
and interstate transport rules such as the Cross-State Air Pollution
Rule (CSAPR) \12\ and CSAPR Update \13\).
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\10\ See 79 FR 23414 (April 28, 2014).
\11\ See 63 FR 57355 (October 27, 1998).
\12\ See 76 FR 48208 (August 8, 2011).
\13\ See 81 FR 74504 (October 26, 2016).
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IV. EPA's Evaluation of Alabama's SIP Submittal

EPA has reviewed the Birmingham Area's LMP which is designed to
maintain the 1997 8-hour ozone NAAQS within Birmingham through the end
of the 20-year period beyond redesignation, as required under CAA
section 175A(b). The following is a summary of EPA's interpretation of
the section 175A requirements \14\ and EPA's evaluation of how each
requirement is met.
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\14\ See Calcagni memo.
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A. Attainment Emissions Inventory

For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day emissions of VOC and
NO<INF>X</INF>, as these pollutants are precursors to ozone formation.
The Birmingham LMP instead includes an ozone attainment inventory for
the Birmingham area that reflects annual emissions of VOC and
NO<INF>X</INF> in 2014. Table 1 presents a summary of the inventory for
2014 contained in the LMP.

Table 1--2014 VOC and NOX Emissions for the Birmingham Area
[Tons/year]
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Onroad mobile Nonroad mobile
Point source Area source source source Total
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VOC...................................................... 3,899.07 78,794.64 9,587.72 4,046.32 96,327.75
NOX...................................................... 31,365.76 7,679.80 17,394.50 3,470.60 59,910.66
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The Attainment Emissions Inventory section of the Birmingham Area
LMP describes the methods, models, and assumptions used to develop the
attainment inventory and notes that ADEM relied on version 2 of the
2014 NEI.\15\ Point source emissions were calculated from data
collected annually from the sources and reported to the State or local
air agencies. Area source emissions were estimated by multiplying an
emission factor by some known indicator of collective activity, such as
fuel usage, and were estimated on the county level. Nonroad mobile
source emissions in the 2014NEIv2, in part, were estimated using the
latest version of the EPA's motor vehicles emission model, MOVES (which
includes estimates nonroad emissions like agriculture, commercial and
mining, industrial and recreational equipment, and commercial and
residential lawn and garden equipment). Locomotives, aircraft, and
marine nonroad sources are not included in MOVES, and ADEM relied on
EPA-generated emissions for these sectors.\16\ Onroad mobile sources in
the 2014NEIv2 were estimated using MOVES and the latest planning
assumptions regarding vehicle type, vehicle activity, and vehicle
speeds to estimate vehicular emissions for 2014. ADEM's estimates for
vehicles reflect emissions inventories and ancillary data files used
for emissions modeling, as well as the meteorological, initial
condition, and boundary condition files need to run the air quality
model.
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\15\ Documentation and data for the 2014 NEIv2 can be accessed
via the following website: <a href="http://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data">http://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data</a>.
\16\ EPA developed emissions for these sectors based on AP-42
emissions factor, and information supplied by the Eastern Regional
Technical Advisory Committee for locomotives and Federal Aviation
Administration's Emissions and Dispersion Modeling System (since
replaced by the Aviation Environmental Design Tool).
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Although an ozone LMP would typically include an inventory of
typical summer day emissions rather than annual emissions, EPA proposes
to find that Alabama's annual inventory is sufficient here because the
2014 annual inventory data are consistent with 2014 summer emissions
inventory data for the Birmingham Area.\17\ Based on our review of the
methods, models, and assumptions used by Alabama to develop the
inventory, as well as our review of the 2014 summer emissions data, EPA
proposes to find that the Alabama 1997 ozone NAAQS LMP includes a
comprehensive, reasonably accurate inventory of actual ozone precursor
emissions in attainment year 2014, and proposes to conclude that this
is acceptable for the purposes of a subsequent maintenance plan under
CAA section 175A(b).
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\17\ The 2014 summer emissions data for the Birmingham Area are
from the EPA 2014 version 7.0 modeling platform, which is based on
the National Emissions Inventory (2014 NEI version 2), and are
available at <a href="https://www.epa.gov/sites/default/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx">https://www.epa.gov/sites/default/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx</a>. The 2017 NEI is
the most recent NEI, but it was unavailable to Alabama when the
State developed its SIP revision.
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B. Maintenance Demonstration

The maintenance demonstration requirement is considered to be
satisfied in an LMP if the state can provide sufficient weight of
evidence indicating that air quality in the area is well below the
level of the standard, that past air quality trends have been shown to
be stable, and that the probability of the area experiencing a
violation over the second 10-year maintenance period is low.\18\ These
criteria are evaluated below with regard to the Birmingham Area.
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\18\ See footnote 6.
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1. Evaluation of Ozone Air Quality Levels
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the NAAQS is attained if the design value is 0.084 ppm or below. At
the time of submission, EPA evaluated quality assured and certified
2016-2018 monitoring data and determined that the design value for the
Birmingham Area was 0.067 ppm, or 79 percent of the level of the 1997
8-hour ozone NAAQS. Based on quality assured and certified monitoring
data for 2018-2020, the current design value for the Birmingham Area is
0.066 ppm, or 79 percent of the level of the 1997 8-hour ozone NAAQS.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85% of the

[[Page 7408]]

standard, or in this case below 0.071 ppm), then EPA considers the
state to have met the section 175A requirement for a demonstration that
the area will maintain the NAAQS for the requisite period. Such a
demonstration assumes continued applicability of prevention of
significant deterioration requirements and any control measures already
in the SIP and that Federal measures will remain in place through the
end of the second 10-year maintenance period, absent a showing
consistent with section 110(l) that such measures are not necessary to
assure maintenance.
Table 2 presents the 2014-2020 design values for each monitor in
the Birmingham Area. As shown in Table 2, all sites have been well
below the level of the 1997 8-hour ozone NAAQS during that time period,
and the most current design value is below the level of 85 percent of
the NAAQS, consistent with prior LMP guidance.

Table 2--1997 8-Hour Ozone NAAQS 2014-2020 Design Values (ppm) at Monitoring Sites in the Birmingham Area \+\
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020
Location AQS site ID DV DV DV DV DV DV DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Helena......................................... 01-117-0004 0.068 0.065 0.067 0.066 0.067 0.066 0.065
Fairfield...................................... 01-073-1003 0.068 0.065 0.066 0.066 [caret] 0.067 0.066
0.064
McAdory........................................ 01-073-1005 0.068 0.064 0.066 0.065 0.065 0.066 0.066
Hoover......................................... 01-073-2006 0.067 0.065 0.066 0.066 (-) (-) (-)
Tarrant........................................ 01-073-6002 [caret] 0.067 0.068 0.068 (*) (*) (*)
0.070
Corner......................................... 01-073-5003 0.065 0.063 0.064 0.064 0.063 0.062 0.061
North Birmingham............................... 01-073-0023 0.067 0.064 0.068 0.066 0.065 (*) 0.066
Leeds.......................................... 01-073-1010 0.069 0.063 0.064 0.063 0.066 0.064 0.063
--------------------------------------------------------------------------------------------------------------------------------------------------------
\+\ The Metropolitan Statistical Area (MSA) is required to have a minimum of two ozone monitoring sites. The MSA still maintains seven regulatory ozone
monitoring sites offering adequate coverage of the MSA.
* These design values are invalid due to data completeness issues.
- The Hoover monitor (Site ID 01-073-2006) was approved to be shut down at the end of October 31, 2017, through the annual network plan review process.
[caret] The data handling methodology associated with the 1997 8-hour ozone NAAQS was used to calculate these 2014-2020 DVs. Using this appropriate
methodology, two DVs were calculated as being slightly lower (0.001 ppm lower) than what was included in ADEMS's submittal.

Therefore, the Birmingham Area is eligible for the LMP option, and
EPA proposes to find that the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NO<INF>X</INF> emissions control programs, adequately
provide for the maintenance of the 1997 8-hour ozone NAAQS in the Area
through the second 10-year maintenance period and beyond.
Additional supporting information that the Area is expected to
continue to maintain the NAAQS can be found in projections of future
year design values that EPA recently completed for the Revised CSAPR
Update for the 2008 Ozone NAAQS that EPA finalized on April 30,
2021.\19\ Those projections, made for the year 2023, show that the
highest design value of any monitor in the Area is expected to be 0.056
ppm. EPA is not proposing to make any finding in this rulemaking
regarding interstate transport obligations for any state.
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\19\ On April 30, 2021, EPA published the final Revised Cross-
State Air Pollution (CSAPR) Update (RCU) using updated modeling that
focused on analytic years 2023 and 2028 and an ``interpolation''
analysis of these modeling results to generate air quality and
contribution values for the 2021 analytic year. See 86 FR 23054.
<a href="https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf">https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf</a>. This modeling included projected ozone design values for
ozone monitors in the Birmingham maintenance area. See the
spreadsheet titled ``Data File with Ozone Design Values and Ozone
Contributions (xlsx)'' at <a href="https://www.epa.gov/csapr/revised-cross-state-air-pollution-rule-update">https://www.epa.gov/csapr/revised-cross-state-air-pollution-rule-update</a>.
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2. Stability of Ozone Levels
As discussed above, the Birmingham Area has maintained air quality
well below the 1997 8-hour ozone NAAQS over the past seven years.
Additionally, the design value data shown within Table 2 illustrates
that ozone levels have been relatively stable over this timeframe, with
a modest downward trend. For example, the data within Table 2 indicates
that the largest year over year change in design value at any one
monitor during these seven years was six parts per billion which
occurred between the 2014 and 2015 design values, representing a nine
percent decrease at monitor 01-073-1010 (Leeds). Furthermore, the
overall trend for the Birmingham Area shows a decrease of three percent
between the 2014 and 2017 design values at the highest monitor, Tarrant
monitor 01-073-6002, and shows a decrease of nine percent between the
2014 and 2020 design values at the second-highest monitor, Leeds
monitor 01-073-1010. This downward trend in ozone levels, coupled with
the relatively small, year-over-year variation in ozone design values,
makes it reasonable to conclude that the Birmingham Area will not
exceed the 1997 8-hour ozone NAAQS during the second 10-year
maintenance period.

C. Monitoring Network and Verification of Continued Attainment

EPA periodically reviews the ozone monitoring network that ADEM and
Jefferson County Department of Health (JCDH) operates and maintains in
accordance with 40 CFR part 58. This network plan, which is submitted
annually to EPA, is consistent with the most recent ambient air quality
monitoring network assessment. The annual network plan developed by
ADEM follows a public notification and review process. EPA has reviewed
and approved the 2020 Ambient Air Monitoring Network Plan (``2020
Annual Network Plan'').\20\
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\20\ The letters approving the network plan are in the docket
for this proposed rulemaking.
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To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 40 CFR part 58. As noted above, ADEM and JCDH's
monitoring network in Birmingham has been approved by EPA in accordance
with 40 CFR part 58, and the State and JCDH have committed to continue
to maintain a network in accordance with EPA requirements. EPA proposes
to find that ADEM and JCDH's monitoring network is adequate to verify
continued attainment of the 1997 8-hour ozone NAAQS in Birmingham.

D. Contingency Plan

Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or to promptly remedy any
NAAQS violations that might occur during the

[[Page 7409]]

maintenance period. These contingency measures are required to be
implemented expeditiously once they are triggered by a future violation
of the NAAQS or some other trigger. The state should identify specific
triggers which will be used to determine when the contingency measures
need to be implemented.
The LMP states that the initial trigger of Alabama's contingency
plan is when any individual monitor in the Birmingham Area records an
annual fourth high reading of 85 ppb or higher. If this trigger is
activated and ambient monitoring data indicates that a violation of the
3-year design value may be imminent, the maintenance plan requires
Alabama to evaluate existing control measures to determine whether any
further emission reduction measures should be implemented at that time.
The second contingency plan trigger will be a quality assured/quality
controlled (QA/QC) violating design value of the 1997 8-hour ozone
NAAQS at any monitor in the Birmingham Area.\21\ As expeditiously as
possible and within 18 to 24 months after a monitored violation,
Alabama will adopt and implement appropriate contingency measures
needed to assure future attainment.\22\ In addition to at least one
contingency measure being implemented upon a monitored violation,
pursuant to CAA section 175A(d), all control measures in place prior to
redesignation to attainment will remain in place.
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\21\ If QA/QC data indicates a violating design value for the 8-
hour ozone NAAQS, then the triggering event will be the date of the
design value violation, and not the final QA/QC date. However, if
initial monitoring data indicates a possible design value violation
but later QA/QC indicates that a NAAQS violation did not occur, then
a triggering event will not have occurred, and contingency measures
will not need to be implemented.
\22\ See the Contingency Plan section of the LMP for further
information regarding the contingency plan, including measures that
Alabama will consider for adoption if a monitored violation occurs.
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EPA proposes to find that the contingency provisions in Alabama's
second maintenance plan for the 1997 8-hour ozone NAAQS meet the
requirements of the CAA section 175A(d).

E. Conclusion

EPA proposes to find that the Birmingham LMP for the 1997 8-hour
ozone NAAQS includes an approvable update of the various elements
(including attainment inventory, assurance of adequate monitoring and
verification of continued attainment, and contingency provisions) of
the initial EPA-approved maintenance plan for the 1997 8-hour ozone
NAAQS. EPA also proposes to find that the Birmingham Area, a former
subpart 1 marginal 1997 8-hour ozone NAAQS nonattainment area,
qualifies for the LMP option, and adequately demonstrates maintenance
of the 1997 8-hour ozone NAAQS through the documentation of monitoring
data showing maximum 1997 8-hour ozone levels below the NAAQS and
historically stable design values. EPA believes the Birmingham Area's
LMP, which retains all existing control measures in the SIP, is
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in
the Area over the second maintenance period (i.e., through 2026) and
thereby satisfies the requirements for such a plan under CAA section
175A(b). EPA is therefore proposing to approve Alabama's September 17,
2020, submission of the Birmingham Area 1997 8-hour ozone NAAQS LMP as
a revision to the Alabama SIP.

V. Transportation Conformity and General Conformity

Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B).
EPA's transportation conformity rule at 40 CFR part 93 subpart A
requires that transportation plans, programs, and projects conform to
SIPs and establishes the criteria and procedures for determining
whether they conform. The conformity rule generally requires a
demonstration that emissions from the Regional Transportation Plan
(RTP) and the Transportation Improvement Program (TIP) are consistent
with the motor vehicles emissions budget (MVEB) contained in the
control strategy SIP revision or maintenance plan. See 40 CFR 93.101,
93.118, and 93.124. A MVEB is defined as ``the portion of the total
allowable emissions defined in the submitted or approved control
strategy implementation plan revision or maintenance plan for a certain
date for the purpose of meeting reasonable further progress milestones
or demonstrating attainment or maintenance of the NAAQS, for any
criteria pollutant or its precursors, allocated to highway and transit
vehicle use and emissions.'' See 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emissions analysis. See 40 CFR 93.109(e). On
February 23, 2006, EPA made a finding that the MVEBs in the first 10
years of the 1997 8-hour ozone maintenance plan for the Birmingham Area
were adequate for transportation conformity purposes. See 71 FR 9332
(February 23, 2006). This adequacy determination became effective on
March 10, 2006. After approval of this LMP or an adequacy finding for
this LMP, there is no requirement to meet the budget test pursuant to
the transportation conformity rule for the maintenance area. All
actions that would require a transportation conformity determination
for the Birmingham Area ozone maintenance area under EPA's
transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for
this LMP. See 69 FR 40004 (July 1, 2004).
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs, and projects.
Specifically, for such determinations, RTPs, TIPs and transportation
projects still will have to demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet the criteria for consultation (40
CFR 93.105) and Transportation Control Measure implementation in the
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot
requirements for projects (40 CFR 93.116).\23\ Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved they must come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR 93.115.
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\23\ A conformity determination that meets other applicable
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is
still required, including the hot-spot requirements for projects in
CO, PM<INF>10</INF>, and PM<INF>2.5</INF> areas.
---------------------------------------------------------------------------

VI. Proposed Action

Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the Birmingham Area LMP for
the 1997 8-hour ozone NAAQS, submitted by ADEM on September 17, 2020,
as a revision to the Alabama SIP. EPA is proposing to approve the
Birmingham Area LMP because it includes an acceptable update of the
various elements of the 1997 8-hour ozone

[[Page 7410]]

NAAQS maintenance plan approved by EPA for the first 10-year period and
retains the relevant provisions of the SIP.
EPA also finds that the Birmingham Area qualifies for the LMP
option and that, therefore, the Birmingham Area LMP adequately
demonstrates maintenance of the 1997 8-hour ozone NAAQS through
documentation of monitoring data showing maximum 1997 8-hour ozone
levels well below the NAAQS and continuation of existing control
measures. EPA believes the Birmingham Area's 1997 8-hour ozone LMP to
be sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS
in the Birmingham Area over the second 10-year maintenance period,
through 2026, and thereby satisfy the requirements for such a plan
under CAA section 175A(b).

VII. 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
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
reporting and recordkeeping Requirements, Volatile organic compounds.

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

Dated: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-02683 Filed 2-8-22; 8:45 am]
BILLING CODE 6560-50-P

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