Rule2025-19227
Air Plan Approval; Alabama; Standards for Granting Permits and Major New Source Review Permit Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2025
Effective
November 3, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) on December 20, 2023. The 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 approving the SIP revision pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47612-47615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19227]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0387; FRL-12923-02-R4]
Air Plan Approval; Alabama; Standards for Granting Permits and
Major New Source Review Permit Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Alabama State Implementation Plan (SIP) submitted by
the Alabama Department of Environmental Management (ADEM) on December
20, 2023. The 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 approving the SIP revision
pursuant to the Clean Air Act (CAA or Act).
[[Page 47613]]
DATES: This rule is effective November 3, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0387. All documents in the docket
are listed on the <a href="http://regulations.gov">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 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: Faith Goddard, Multi-Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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#0b6c646f6f6a796f256d6a627f634b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="e88f878c8c899a8cc68e89819c80a88d9889c68f879e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. This Action
In this final rule, EPA is approving a revision to the Alabama SIP
submitted by ADEM on December 20, 2023, which makes changes to Alabama
Administrative Code (Ala. Admin. Code) Rules 335-3-14-.03, .04, and
.05.\1\ EPA is approving 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.\2\
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\1\ The December 20, 2023, submittal contains revisions to other
Alabama SIP-approved rules that are not addressed in this
rulemaking. EPA will act on those changes in separate rulemakings.
\2\ See CAA section 110(l).
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II. Background
Through a notice of proposed rulemaking (NPRM) published on August
21, 2025 (90 FR 40793), EPA proposed to approve ADEM's December 20,
2023, SIP revision with changes to Ala. Admin. Code Rule 335-3-14-.03,
Standards for Granting Permits, Rule 335-3-14-.04, Air Permits
Authorizing Construction in Clean Air Areas [Prevention of Significant
Deterioration Permitting (PSD)], and Rule 335-3-14-.05, Air Permits
Authorizing Construction in or Near Nonattainment Areas. The details of
Alabama's submission, as well as EPA's rationale for approving the
changes, are described in more detail in the August 21, 2025, NPRM.
Comments on the NPRM were due on or before September 11, 2025. EPA
received three comments: one in support, one not relevant to the
action, and one potentially adverse.\3\ EPA addresses the potentially
adverse comment in the following section.
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\3\ EPA received two identical comments which are not related to
this action from one commenter.
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III. Response to Comments
EPA summarizes and responds to the potentially adverse comment
below.
The commenter ``recommend[s] under no circumstances permits be
issued under these proposed rules'' because ``[a]llowing construction
before environmental review gives polluters a right of way to damage
American environments and American citizens['] health.'' However, it is
not clear whether the comment is adverse because the commenter frames
the comment as a ``recommend[ation]'' and does not explain why the
changes EPA proposed to approve to the Alabama SIP in the August 21,
2025, NPRM would allow construction before environmental review occurs
or would damage health or the environment. In fact, the purpose of the
new source review (NSR) preconstruction review program is to require
that the State provide environmental review of proposed projects
consistent with CAA requirements prior to issuing a permit. As
explained in the August 21, 2025, NPRM, the changes proposed to the
Alabama NSR program are minor, clarifying in nature, and consistent
with the CAA. Therefore, EPA is finalizing approval of the changes to
the Alabama SIP transmitted in the December 20, 2023, submittal.
IV. 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, and as discussed in Sections I and II of this preamble, EPA is
finalizing the incorporation by reference of Ala. Admin. Code Rule 335-
3-14-.03, Standards for Granting Permits, state-effective February 12,
2024, except that EPA is not incorporating by reference the February
12, 2024, state-effective version of Rule 335-3-14-.03(1)(h).\4\ EPA is
also finalizing the incorporation by reference of 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
incorporating 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); \5\ 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; \6\ or the
significant impact levels at Rule 335-3-14-.04(10)(b).\7\ Finally, EPA
is finalizing the incorporation by reference of 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 incorporating by reference Rule 335-3-
14-.05(1)(h), the actual-to-potential test for projects that only
involve existing emissions units; \8\ the portion of Rule 335-3-
14-.05(1)(k)20 stating ``excluding ethanol production facilities that
produce ethanol by natural
[[Page 47614]]
fermentation''; \9\ Rule 335-3-14-.05(2)(c)3 addressing fugitive
emission increases and decreases; \10\ 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.\11\ 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, these materials 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 in
the next update to the SIP compilation.\12\
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\4\ 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. With this action, the Agency is updating
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).
\5\ See the SIP table at 40 CFR 52.50(c). For more information,
see 73 FR 23957 (May 1, 2008).
\6\ 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. With this action, the Agency is
correcting the SIP table at 40 CFR 52.50(c) to reflect this.
\7\ See the SIP table at 40 CFR 52.50(c). For more information,
see 77 FR 59100 (September 26, 2012).
\8\ See the SIP table at 40 CFR 52.50(c). For more information,
see 81 FR 1124 (January 11, 2016).
\9\ Id.
\10\ Id.
\11\ Id.
\12\ See 62 FR 27968 (May 22, 1997).
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V. Final Action
EPA is approving Alabama's December 20, 2023, SIP revision
consisting of the aforementioned changes to Ala. Admin. Code Rules 335-
3-14-.03, .04, and .05 for the reasons discussed above.
VI. 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
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 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 December 1, 2025. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 22, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
For the reasons stated in the preamble, 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. In Sec. 52.50(c), amend the table by revising the entries for
``Section 335-3-14-.03'', ``Section 335-3-14-.04'', and ``Section 335-
3-14-.05'' to read as follows:
Sec. 52.50 Identification of plan.
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(c) * * *
Table 1 to Paragraph (c)--EPA-Approved Alabama Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Chapter No. 335-3-14 Air Permits
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[[Page 47615]]
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Section 335-3-14-.03........... Standards for 2/12/2024 10/2/2025, 90 FR Except for paragraph 335-
Granting Permits. [Insert Federal 3-14-.03(1)(h) which
Register page was approved on 9/26/
where the document 2012 with a state
begins]. effective date of 5/23/
2011.
Section 335-3-14-.04........... Air Permits 2/12/2024 10/2/2025, 90 FR Except for changes to
Authorizing [Insert Federal 335-3-14-.04(2)(w)1.,
Construction in Register page state effective July
Clean Air Areas where the document 11, 2006, which lists a
[Prevention of begins]. 100 ton per year
Significant significant net
Deterioration emissions increase for
Permitting (PSD)]. regulated NSR
pollutants not
otherwise specified at
335-3-14-.04(2)(w).
Except for the
significant impact
levels at 335-3-14-
.04(10)(b). Except for
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., which
include changes from
the vacated federal ERP
rule.
Section 335-3-14-.05........... Air Permits 2/12/2024 10/2/2025, 90 FR Except for the portion
Authorizing [Insert Federal of 335-3-14-.05(1)(k)20
Construction in or Register page stating ``excluding
Near Nonattainment where the document ethanol production
Areas. begins]. facilities that produce
ethanol by natural
fermentation''; and 335-
3-14-.05(2)(c)3
(addressing fugitive
emission increases and
decreases). Except for
335-3-14-.05(1)(h) (the
actual-to-potential
test for projects that
only involve existing
emissions units); the
last sentence at 335-3-
14-.05(3)(g), stating
``Interpollutant
offsets shall be
determined based upon
the following ratios'';
and the NNSR
interpollutant ratios
at 335-3-14-.05(3)(g)1-
4.
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[FR Doc. 2025-19227 Filed 10-1-25; 8:45 am]
BILLING CODE 6560-50-P
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