Proposed Rule2025-15987
Air Plan Approval; Alabama; Standards for Granting Permits and Major New Source Review Permit Rules
Primary source
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Published
August 21, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) on December 20, 2023. The proposed SIP revision consists of minor changes to certain air permit regulations that have been revised by the State agency since EPA last approved those provisions. EPA is proposing to approve the SIP revision pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Proposed Rules]
[Pages 40793-40795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15987]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0387; FRL-12923-01-R4]
Air Plan Approval; Alabama; Standards for Granting Permits and
Major New Source Review Permit Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Alabama State Implementation Plan (SIP)
submitted by the Alabama Department of Environmental Management (ADEM)
on December 20, 2023. The proposed SIP revision consists of minor
changes to certain air permit regulations that have been revised by the
State agency since EPA last approved those provisions. EPA is proposing
to approve the SIP revision pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before September 11, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0387 at <a href="http://regulations.gov">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 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="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Faith Goddard, Multi-Air Pollutant
Coordination 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) 562-8757. Ms. Goddard can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#a3c4ccc7c7c2d1c78dc5c2cad7cbe3c6d3c28dc4ccd5"><span class="__cf_email__" data-cfemail="43242c27272231276d25222a372b032633226d242c35">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 20, 2023, ADEM submitted a revision to Alabama
Administrative Code (Ala. Admin. Code) Chapter 335-3-14 in the Alabama
SIP.\1\ In the Alabama SIP, Chapter 335-
[[Page 40794]]
3-14 contains ADEM's SIP-approved air permit regulations. In the
December 20, 2023, SIP revision, ADEM seeks to revise Rules 335-3-
14-.03, 335-3-14-.04, and 335-3-14-.05 to correct administrative errors
and update outdated information. Rule 335-3-14-.03 contains standards
for granting air permits within the State. Rules 335-3-14-.04 and 335-
3-14-.05 contain ADEM's CAA ``New Source Review'' (NSR) permitting
program regulations for ``major'' stationary sources (``major NSR''
program regulations). Section 335-3-14-.04 contains ADEM's ``Prevention
of Significant Deterioration'' (PSD) permitting program regulations,
and Section 335-3-14-.05 contains ADEM's ``Nonattainment NSR'' (NNSR)
permitting program regulations.
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\1\ The December 20, 2023, submittal contains revisions to other
Alabama SIP-approved rules that are not addressed in this notice of
proposed rulemaking (NPRM). EPA will act on those changes in
separate rulemakings. The December 20, 2023, SIP revision addressed
in this NPRM originally transmitted changes to Ala. Admin. Code
Chapters 335-3-14 and 335-3-15. On March 8, 2024, ADEM submitted a
letter withdrawing the changes to Chapter 335-3-15 and certain
changes to Chapter 335-3-14. The March 8, 2024, withdrawal letter is
in the rulemaking docket for this proposed action (the March 8,
2024, withdrawal letter incorrectly notes the SIP submittal date as
December 19, 2023). In this NPRM, EPA is proposing action on the
changes to Chapter 335-3-14 remaining before EPA for consideration.
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The CAA NSR program is a preconstruction review and air permitting
program that applies to certain new and modified stationary sources of
air pollution regulated under the CAA. CAA section 110(a)(2)(C)
provides that SIPs must include a program to regulate the construction
and modification of any stationary source as necessary to assure that
the national ambient air quality standards (NAAQS) are achieved and
cites to more detailed CAA permitting requirements that pertain to the
construction of major sources of air pollution, known collectively as
the CAA NSR program. The CAA NSR program consists of the following
three programs: (1) PSD for major stationary sources and major
modifications in attainment and unclassifiable areas; (2) NNSR for
major stationary sources and major modifications locating in or
impacting nonattainment areas, and (3) minor NSR, which applies
generally to attainment, unclassifiable, and nonattainment areas for
new sources and modifications that fall below major NSR thresholds.
Federal regulations setting forth these NSR programs are prescribed at
40 CFR part 51, subpart I, Review of New Sources and Modifications, and
Appendix S to part 51, Emission Offset Interpretive Ruling.
Specifically, 40 CFR 51.165 prescribes minimum SIP requirements for
NNSR programs in conjunction with Appendix S to part 51, and 40 CFR
51.166 prescribes minimum SIP requirements for PSD programs. The
regulations at 40 CFR 51.160-164 are generally applicable to all NSR
programs, but because of more specific implementing regulations for the
NNSR and PSD programs at 40 CFR 51.165 and 51.166, respectively, they
serve primarily as the basis for EPA's evaluation of minor NSR
programs. In this NPRM, EPA is evaluating minor changes to ADEM's
standards for granting permits and major NSR permit rules and is
proposing to approve these revisions because they meet all the
applicable CAA requirements. See CAA section 110(k)(3).
II. Analysis of the State's SIP Submittal
A. Rule 335-3-14-.03, Standards for Granting Permits
In the December 20, 2023, SIP revision, ADEM seeks to revise Rule
335-3-14-.03 to correct a cross-reference citation at Rule 335-3-
14-.03(1)(g)1 to the significant impact levels listed in subparagraph
(1)(g).\2\ EPA proposes to approve this administrative correction as
consistent with CAA requirements.\3\
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\2\ Section 335-3-14-.03 was originally approved into the SIP on
May 31, 1972, with periodic revisions approved through September 26,
2012. See 37 FR 10842, 77 FR 59100.
\3\ Changes to Rule 335-3-14-.03(1)(h) were withdrawn by ADEM
from the December 20, 2023, SIP revision on March 8, 2024.
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B. Rule 335-3-14-.04, Air Permits Authorizing Construction in Clean Air
Areas [Prevention of Significant Deterioration Permitting (PSD)]
In the December 20, 2023, SIP revision, ADEM seeks to revise Rule
335-3-14-.04 to make administrative changes at Rules 335-3-
14-.04(2)(a)1 and 335-3-14-.04(2)(bbb) and a clarifying change at Rule
335-3-14-.04(15)(e).\4\ ADEM revises the definition of ``major
stationary source'' at Rule 335-3-14-.04(2)(a)1 by numbering the list
of major stationary source categories, renumbering subsequent parts of
the definition, removing the word ``and,'' and correcting typographical
errors by removing an unnecessary hyphen and changing ``changes'' to
``change.'' ADEM also changes ``section'' to ``subparagraph'' at Rule
335-3-14-.04(2)(bbb) and clarifies that the ``baseline concentration''
for evaluation of the maximum allowable increase at Rule 335-3-
14-.04(15)(e) is the ``minor source baseline concentration,''
consistent with the federal PSD regulations.\5\ EPA proposes to approve
these administrative and clarifying changes as consistent with CAA
requirements.
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\4\ Section 335-3-14-.04 was originally approved into the SIP on
November 10, 1981, with periodic revisions approved through July 3,
2019. See 46 FR 55517, 84 FR 31741.
\5\ See 40 CFR 51.166(p)(4).
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C. Rule 335-3-14-.05, Air Permits Authorizing Construction in or Near
Nonattainment Areas
In the December 20, 2023, SIP revision, ADEM seeks to revise Rule
335-3-14-.05 to make administrative changes at Rules 335-3-14-.05(1)(k)
and 335-3-14-.05(4)(d), correct a spelling error at Rule 335-3-
14-.05(3), and update outdated information and references at Rule 335-
3-14-.05(4)(e).\6\ ADEM revises Rule 335-3-14-.05(1)(k) by numbering
the stationary source categories listed therein, corrects a
typographical error at Rule 335-3-14-.05(3) by changing ``nonattainment
are'' to ``nonattainment area,'' and changes ``section'' to
``paragraph'' at Rule 335-3-14-.05(4)(d). ADEM also updates Rule 335-3-
14-.05(4)(e) to provide that a source may obtain an emissions credit,
also referred to as an offset credit, in cases where a hydrocarbon is
replaced by a compound listed as having negligible photochemical
reactivity in 40 CFR 51.100(s), consistent with the federal NNSR
regulations. This update deletes an outdated reference to EPA's
``Recommended Policy on Control of Volatile Organic Compounds.'' \7\
See 42 FR 35314, July 8, 1977. EPA proposes to approve these
administrative changes, the correction, and the offset credit update as
consistent with CAA requirements.
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\6\ Section 335-3-14-.05 was originally approved into the SIP on
November 26, 1979, with periodic revisions approved through December
14, 2018. See 44 FR 67375, 83 FR 64285.
\7\ See 40 CFR 51.165(a)(3)(ii)(D), 40 CFR 51.100(s).
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III. Proposed Action
For the reasons discussed in Section II of this NPRM, EPA is
proposing to approve ADEM's December 20, 2023, SIP revision with
changes to Ala. Admin. Code Rules 335-3-14-.03, .04, and .05. EPA is
proposing to approve Rule 335-3-14-.03, as revised to incorporate an
administrative correction; Rule 335-3-14-.04, as revised to incorporate
administrative and clarifying changes; and Rule 335-3-14-.05, as
revised to incorporate administrative changes, a correction, and an
offset credit update. Given the nature of these changes, they will not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable CAA
requirement.\8\
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\8\ See CAA section 110(l).
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IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with
[[Page 40795]]
requirements of 1 CFR 51.5, and as discussed in Sections I through III
of this preamble, EPA is proposing to incorporate by reference Ala.
Admin. Code Rule 335-3-14-.03, Standards for Granting Permits, state-
effective February 12, 2024, except that EPA is not proposing to
incorporate by reference the February 12, 2024, state-effective version
of Rule 335-3-14-.03(1)(h).\9\ EPA is also proposing to incorporate by
reference Ala. Admin. Code Rule 335-3-14-.04, Air Permits Authorizing
Construction in Clean Air Areas [Prevention of Significant
Deterioration Permitting (PSD)], state-effective February 12, 2024,
with the following exceptions: EPA is not proposing to incorporate by
reference Rule 335-3-14-.04(2)(w)1, which lists a 100 tons per year
significance threshold for regulated NSR pollutants not otherwise
specified at Rule 335-3-14-.04(2)(w); \10\ the second and third
sentences of paragraph 335-3-14-.04(2)(bbb)2 and the second and fourth
sentences of paragraph 335-3-14-.04(2)(bbb)3; \11\ or the significant
impact levels at Rule 335-3-14-.04(10)(b).\12\ Finally, EPA is
proposing to incorporate by reference Ala. Admin. Code Rule 335-3-
14-.05, Air Permits Authorizing Construction in or Near Nonattainment
Areas, state-effective February 12, 2024, with the following
exceptions: EPA is not proposing to incorporate by reference Rule 335-
3-14-.05(1)(h), the actual-to-potential test for projects that only
involve existing emissions units; \13\ the portion of Rule 335-3-
14-.05(1)(k)20 stating ``excluding ethanol production facilities that
produce ethanol by natural fermentation''; \14\ Rule 335-3-
14-.05(2)(c)3 addressing fugitive emission increases and decreases;
\15\ the last sentence at Rule 335-3-14-.05(3)(g), stating
``Interpollutant offsets shall be determined based upon the following
ratios:''; or the NNSR interpollutant ratios at Rule 335-3-
14-.05(3)(g)1-4.\16\ 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).
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\9\ The February 12, 2024, state-effective version of Rule 335-
3-14-.03(1)(h) was withdrawn by ADEM from the December 20, 2023, SIP
revision on March 8, 2024. If EPA takes final action to approve the
December 20, 2023, SIP revision, the Agency will update the SIP
table at 40 CFR 52.50(c) to reflect the retention of the May 23,
2011, state-effective version of Rule 335-3-14-.03(1)(h).
\10\ See the SIP table at 40 CFR 52.50(c). For more information,
see 73 FR 23957 (May 1, 2008).
\11\ Portions of Rule 335-3-14-.04(2)(bbb) are currently
excluded from the SIP table at 40 CFR 52.50(c), specifically, the
second sentence of paragraph 335-3-14-.04(2)(bbb)2 and the second
and fourth sentences of paragraph 335-3-14-.04(2)(bbb)3. However, in
a July 3, 2019, rulemaking, EPA excluded from approval the second
and third sentences of paragraph 335-3-14-.04(2)(bbb)2, as well as
the second and fourth sentences of paragraph 335-3-14-.04(2)(bbb)3.
For more information, see 84 FR 31741. If EPA takes final action to
approve the December 20, 2023, SIP revision, the Agency will correct
the SIP table at 40 CFR 52.50(c) to reflect this.
\12\ See the SIP table at 40 CFR 52.50(c). For more information,
see 77 FR 59100 (September 26, 2012).
\13\ See the SIP table at 40 CFR 52.50(c). For more information,
see 81 FR 1124 (January 11, 2016).
\14\ Id.
\15\ Id.
\16\ Id.
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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 CAA 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. Accordingly, this
proposed 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, 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 and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 11, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2025-15987 Filed 8-20-25; 8:45 am]
BILLING CODE 6560-50-P
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