Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules 12305 

1See 63 FR 57356 (October 27, 1998). 

2As originally promulgated, the NOX 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stayed and later rescinded the rule’s provisions 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). 

3CAIR had separate trading programs for annual 

sulfur dioxide emissions, seasonal NOX emissions, 

and annual NOX emissions. 

* * * * * 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–04214 Filed 3–2–21; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0129; FRL–10020– 

85–Region 4] 

Air Plan Approval; AL; NOX SIP Call 

and Removal of CAIR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing 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 

Oxide (NOX) SIP Call obligations for 

large non-electricity generating units 

(non-EGUs), to repeal the State’s 

previously sunsetted NOX Budget 

Trading Program regulations, and to 

repeal the State’s Clean Air Interstate 

Rule (CAIR) regulations. EPA is also 

proposing to conditionally approve into 

the SIP state regulations that establish 

monitoring and reporting requirements 

for units subject to the NOX SIP Call, 

including alternative monitoring 

options for certain sources for NOX SIP 

Call purposes. In addition, EPA is 

proposing to make ministerial changes 

to reflect the State’s renumbering of an 

existing regulation for ‘‘New 

Combustion Sources.’’ 

DATES: Comments must be received on 

or before April 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0129 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 

www2.epa.gov/dockets/commentingepa-dockets. 

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 scofield.steve@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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’’ (NOX SIP Call). The NOX SIP 

Call required eastern states, including 

Alabama, to submit SIPs that prohibit 

excessive emissions of ozone season 

NOX by implementing statewide 

emissions budgets.1 The NOX SIP Call 

addressed the good neighbor provision 

for the 1979 ozone NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions, one of the 

precursors of ozone.2 EPA developed 

the NOX Budget Trading Program, an 

allowance trading program that states 

could adopt to meet their obligations 

under the NOX 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 NOX SIP Call also identified 

potential reductions from cement kilns 

and stationary internal combustion 

engines. 

To comply with the NOX 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 NOX

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 NOX

Budget Trading Program beginning in 

2004. In 2005, Alabama submitted, and 

EPA approved, a SIP revision to address 

additional emissions reductions 

required for the NOX SIP Call under 

Phase II. See 70 FR 76694 (Dec. 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) NOX

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 (PM2.5) NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions with respect 

to ozone and PM2.5. 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 NOX

was implemented beginning in 2009, 

EPA discontinued administration of the 

NOX Budget Trading Program; however, 

the requirements of the NOX SIP Call 

continued to apply. 

On October 1, 2007 (72 FR 55659), 

EPA approved revisions to Alabama’s 

SIP that incorporated requirements for 

CAIR. Consistent with CAIR’s 


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4See 79 FR 71663 (December 3, 2014). 

5See 79 FR 71663 (December 3, 2014) and 81 FR 

13275 (March 14, 2016). 

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. 

7Although 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. 

8This action approved CSAPR and CSAPR 

Update-related provisions of Alabama SIP 

submissions dated October 26, 2015, and May 19, 

2017. 

9See ‘‘Emissions Monitoring Provisions in State 

Implementation Plans Required Under the NOX SIP 

Call,’’ 84 FR 8422 (March 8, 2019). 

requirements, EPA approved a SIP 

revision in which Alabama regulations: 

(1) Sunset its NOX Budget Trading 

Program requirements, and (2) 

incorporated CAIR annual and ozone 

season NOX state trading programs. See 

72 FR 55659. Participation of EGUs in 

the CAIR ozone season NOX trading 

program addressed the State’s obligation 

under the NOX SIP Call for those units, 

and Alabama also chose to require nonEGUs subject to the NOX 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 NOX 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 NOX annual and ozone season 

trading programs beginning in 2009 and 

the SO2 annual trading program 

beginning in 2010. 

Following the D.C. Circuit’s remand 

of CAIR, EPA promulgated the CrossState Air Pollution Rule (CSAPR) to 

replace CAIR and address good neighbor 

obligations for the 1997 ozone NAAQS, 

the 1997 PM2.5 NAAQS, and the 2006 

PM2.5 NAAQS. See 76 FR 48208 (August 

8, 2011). Through FIPs, CSAPR required 

EGUs in eastern states, including 

Alabama, to meet annual and ozone 

season NOX emission budgets and 

annual SO2 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 NOX 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 NOX SIP Call for 

non-EGUs. EPA also stopped 

administering CAIR trading programs 

with respect to emissions occurring after 

December 31, 2014.5

To comply with CSAPR, Alabama 

adopted SO2 and NOX 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 SO2 and annual NOX 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 NOX SIP Call budget levels. 

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 NOX

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 NOX 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 NOX for most 

covered states. On October 6, 2017, EPA 

approved Alabama’s CSAPR Update 

ozone season NOX 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 NOX 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 nonEGUs no longer participate in any 

CSAPR or CSAPR Update trading 

program for ozone season NOX

emissions, the NOX SIP Call regulations 

at 40 CFR 51.121(r)(2) as well as antibacksliding provisions at 40 CFR 

51.905(f) and 40 CFR 51.1105(e) require 

these non-EGUs to maintain compliance 

with NOX SIP Call requirements in some 

other way. 

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 NOX

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 NOX SIP Call.9 The 

revision gave states covered by the NOX

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 NOX 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 NOX SIP 


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10On February 27, 2020, Alabama also submitted 

other SIP revisions which will be addressed in 

separate actions. This submission also includes 

amended regulations which are not part of the 

federally-approved SIP and are therefore not 

addressed in this notice. 

11EPA is proposing to approve removal of the 

following rules related to the NOX Budget Trading 

Program and CAIR from Alabama’s SIP: 335–3–1- 

.14, 335–3–1-.16, 335–3–5-.06 through 335–3–5-.08, 

335–3–5-.11 through .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. Other Alabama rules that share many 

of the same rule numbers would not be removed 

from the SIP; these rules relate to the State’s CSAPR 

and CSAPR Update trading programs. 

Call’s general enforceability and 

monitoring requirements at 

§§ 51.121(f)(1) and (i)(1), respectively, 

but states are no longer be required to 

satisfy these general NOX SIP Call 

requirements specifically through the 

adoption of 40 CFR part 75 monitoring 

requirements. 

After evaluating the various options 

available following EPA’s March 8, 

2019, revision to the NOX SIP Call 

requirements, ADEM revised its 

regulations to address NOX 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 

NOX SIP Call’s requirements for 

enforceable limits on ozone season NOX

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 NOX Budget 

Trading Program and CAIR trading 

program provisions after EPA stopped 

administering those programs. The 

February 27, 2020 SIP revision 

submitted by ADEM requests approval 

into the SIP of all of these rule changes. 

The contents of the submittal and EPA’s 

analysis is further discussed in Section 

III. 

II. Why is EPA proposing these actions? 

ADEM’s February 27, 2020, letter 10

requests that EPA approve into the SIP 

changes to ADEM Administrative Code 

Chapter 335–3–8 to include Rule 335– 

3–8–.71, ‘‘NOX Budget Program,’’ and 

Rule 335–3–8–.72, ‘‘NOX Budget 

Program Monitoring and Reporting,’’ to 

maintain state compliance with the 

federal NOX SIP Call regulations at 40 

CFR 51.121 and 51.122, and to provide 

alternative monitoring options for 

certain large non-EGUs. Additionally, 

Alabama requests that EPA approve the 

removal from the SIP of the State’s 

repealed CAIR trading program and 

NOX Budget Trading Program rules, as 

those state regulations have been 

replaced by CSAPR for EGUs and by the 

State’s new rules for non-EGUs. ADEM 

also requests that EPA approve the 

State’s renumbering of the existing 

regulation titled ‘‘New Combustion 

Sources’’ from Rule 335–3–8–.14 to Rule 

335–3–8–.05. The submission includes a 

demonstration under CAA section 110(l) 

intended to show that the revision does 

not interfere with any applicable CAA 

requirements. As discussed later, EPA 

has reviewed these changes, 

preliminarily finds them consistent with 

the CAA and regulations governing the 

NOX SIP Call, with one exception, and 

is proposing to approve the revisions to 

incorporate the NOX SIP Call 

regulations into the State’s 

implementation plan and to remove the 

NOX Budget Trading Program and CAIR 

trading program regulations from the 

SIP. The exception is that EPA is 

proposing to conditionally approve the 

regulations that establish monitoring 

and reporting requirements for NOX

budget units. 

III. Analysis of Alabama’s Submission 

As discussed above, ADEM has 

revised its regulations to require nonEGUs to maintain compliance with NOX

SIP Call requirements without 

participation in an interstate trading 

program. ADEM updated Chapter 335– 

3–8, ‘‘Control of Nitrogen Oxides 

Emissions’’ by revising Chapter 335–3– 

8 to add Rule 335–3–8–.71, ‘‘NOX

Budget Program’’ and Rule 335–3–8–.72, 

‘‘NOX Budget Program Monitoring and 

Reporting,’’ to maintain state 

compliance with the federal NOX SIP 

Call regulations at 40 CFR 51.121 and 

51.122 for large non-EGUs and to adopt 

an alternative monitoring option for 

certain large non-EGUs. EPA previously 

approved Alabama’s sunsetting of the 

State’s NOX Budget Trading Program 

regulations when that program was 

replaced by the CAIR trading program 

for ozone season NOX. The State 

subsequently repealed its NOX Budget 

Trading Program regulations from 

Alabama Administrative Code Chapters 

335–3–1 and 335–3–8 and now requests 

removal of those regulations from the 

SIP. Also, because EPA has stopped 

administering the CAIR trading 

programs, the State repealed all CAIR 

and CAIR-related regulations from 

Alabama Administrative Code Chapters 

335–3–1, 335–3–5, and 335–3–8 and 

now requests removal of these 

regulations from the SIP as well.11

Lastly, ADEM requests that EPA 

approve a ministerial change that would 

update the SIP to reflect the State’s 

renumbering of the existing regulation 

titled, ‘‘New Combustion Sources’’ from 

Rule 335–3–8–.14 to Rule 335–3–8-.05. 

1. Revised State Regulations 

ADEM added Rule 335–3–8-.71, ‘‘NOX

Budget Program,’’ to establish a state 

control program for sources that are 

subject to the NOX SIP Call, but not 

covered under the CSAPR Update 

trading program. ADEM Rule 335–3–8- 

.71 is designed to ensure that the State’s 

large non-EGUs will continue to satisfy 

NOX SIP Call requirements for 

enforceable limits on ozone season NOX

mass emissions. 

ADEM Rule 335–3–8-.71(4) and (5) 

contain the rule’s applicability 

provisions, generally covering all 

existing and new non-EGUs (including 

cogeneration units) that would have 

been subject to the NOx Budget Trading 

Program and that are not subject to the 

CSAPR Update trading program. ADEM 

Rule 335–3–8-.71(6)(a) defines the 

budget for the State at 2,328 tons per 

ozone season, which is the portion of 

the State’s trading budget under the 

NOx Budget Trading Program assigned 

to non-EGUs, and restricts the collective 

emissions from the State’s affected large 

non-EGUs from exceeding the budget 

during each control period. ADEM Rule 

335–3–8-.71(6)(a) also states that 

Alabama will conduct an annual review 

of the actual NOx emissions to ensure 

that the state budget has not been 

exceeded. Further, in the event of an 

exceedance, Alabama will submit a 

revised SIP to EPA which compensates 

for any potential budget shortfall and 

ensures the state program budget is met 

in all future years. ADEM Rule 335–3– 

8-.71(6)(b) requires monitoring and 

reporting of NOx emissions from 

covered units according to the methods 

specified in ADEM Rule 335–3–8-.72. 

Other provisions of ADEM Rule 335–3– 

8-.71 address definitions, recordkeeping 

requirements, and liability. 

ADEM Rule 335–3–8-.72, ‘‘NOx 

Budget Program Monitoring and 

Reporting,’’ requires all owners and 

operators of covered NOx budget units 

to implement a monitoring and 

reporting system necessary to attribute 

ozone season NOx mass emissions to 

each individual NOx budget unit at the 

source and provide a compliance 

certification report following each ozone 

season. ADEM Rule 335–3–8-.72(1) 

requires units to monitor and report 

ozone season NOx mass emissions 

determined under one of the following 

alternatives: (1) 40 CFR part 75; (2) NOx 

CEMS, with a requirement to convert 

the NOx concentration or NOx emission 

rate derived from the CEMS to mass 

emissions; or (3) the use of approved 

emissions factors, with a requirement to 


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12See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4). 

13See ADEM’s September 15, 2020, letter from 

Lance R. LeFleur, Director, to Mary S. Walker, 

Regional Administrator, US EPA Region 4, available 

in the docket for this proposed action. 

convert the emission factors to mass 

emissions. ADEM Rule 335–3–8- 

.72(1)(a) requires units to monitor and 

report under Part 75 if required by any 

other regulation or permit, and allows 

any other unit to choose to report under 

Part 75. ADEM Rules 335–3–8-.72(1)(b) 

and 335–3–8-.72(1)(c) together provide 

the requirements for units that are 

required to, or choose to, operate a 

CEMS outside of Part 75 requirements. 

ADEM Rule 335–3–8-.72(1)(c) requires 

NOx budget units operating a CEMS to 

comply with any applicable monitoring 

and reporting regulations, and outlines 

the methods by which a NOx budget 

unit shall calculate the NOx mass 

emissions (in tons) for compliance 

under the NOx Budget Program. ADEM 

Rule 335–3–8-.72(1)(b) outlines 

additional quality assurance and 

compliance requirements for NOx 

budget units that choose to operate a 

CEMS. Last, ADEM Rule 335–3–8- 

.72(1)(d) provides that any unit not 

covered under ADEM Rule 335–3–8- 

.72(1)(a), (b), or (c), must calculate NOx 

mass emissions through the use of 

emissions factors. In addition, ADEM 

Rule 335–3–8-.72(1)(e) requires units to 

submit a monitoring protocol to ADEM 

for review and approval. For all 

compliance options, ADEM Rule 335–3– 

8-.72(2) requires units to submit their 

ozone season NOx emissions to ADEM 

as part of an annual compliance report 

and certification no later than November 

30th following each ozone season. 

As discussed above, in order to 

address the requirements of the NOx SIP 

Call for sources that are not covered 

under a CSAPR trading program for 

ozone season NOx emissions, SIP 

revisions must provide for enforceable 

emissions limitations and require 

emissions monitoring consistent with 

the NOx SIP Call’s general 

enforceability and monitoring 

requirements.12 In this notice, EPA is 

proposing to find that ADEM Rule 335– 

3–8-.71 meets the requirement under 40 

CFR 51.121(f)(2) for enforceable limits 

on the subject units’ collective 

emissions of ozone season NOx mass 

emissions. Thus, EPA is proposing to 

approve ADEM rule 335–3–8-.71 into 

the SIP. 

Further, EPA is proposing to find that 

ADEM Rule 335–3–8-.72 meets the 

State’s ongoing obligations under the 

NOx SIP Call with respect to monitoring 

to ensure compliance with required 

limitations, with the following 

exception. While ADEM Rule 335–3–8- 

.72 generally addresses the State’s 

ongoing obligations under the NOx SIP 

Call with respect to monitoring, EPA 

identified one issue impacting 

monitoring under ADEM’s rule. 

Accordingly, on September 15, 2020, 

ADEM sent a letter 13 requesting that 

EPA conditionally approve ADEM Rule 

335–3–8-.72 under CAA section 

110(k)(4), as ADEM inadvertently added 

stack testing requirements for units 

choosing to operate a CEMS outside of 

Part 75 requirements rather than for 

units using emissions factors, as 

intended. In that letter, ADEM also 

commits to EPA that it will make a final 

submission to EPA within twelve (12) 

months of the grant of conditional 

approval of the February 27, 2020 

submittal to correct this stack testing 

issue. Based on the State’s commitment 

to submit a SIP revision addressing the 

identified deficiency, EPA is proposing 

to conditionally approve the February 

27, 2020 submission, as clarified by the 

State’s September 15, 2020 letter. If 

Alabama meets its commitment to 

submit a SIP revision addressing the 

deficiency by 12 months from the date 

of final approval of this action, ADEM 

Rule 335–3–8-.72 will remain a part of 

the SIP until EPA takes final action 

approving or disapproving the new SIP 

revision. However, if the State fails to 

submit this revision on or before 12 

months from the date of final approval 

of this action, the conditional approval 

will become a disapproval and EPA will 

issue a notice to that effect. If the 

conditional approval becomes a 

disapproval, the disapproval triggers the 

requirement for EPA to issue a federal 

implementation plan (FIP) under CAA 

section 110(c) to correct the deficiency. 

2. Removal of NOX Budget Trading 

Program and CAIR Trading Program 

Regulations From Alabama’s SIP 

EPA proposes to approve the removal 

from the SIP of the State’s repealed NOX

Budget Trading Program and CAIR 

trading program regulations. With 

respect to the State’s NOX Budget 

Trading Program regulations, removal 

from the SIP would have no substantive 

effect because EPA previously approved 

the sunsetting of these regulations when 

Alabama began to meet its ongoing NOX

SIP Call requirements for both EGUs 

and large non-EGUs through its CAIR 

regulations instead. With respect to the 

State’s CAIR regulations, EPA proposes 

to find removal from the SIP is 

appropriate because the State’s ongoing 

NOX SIP Call obligations for EGUs are 

now being met through the State’s SIPapproved CSAPR regulations, the State’s 

ongoing NOX SIP Call obligations for 

non-EGUs would be met through the 

rules proposed for approval into the SIP 

in this action, as discussed above, and 

EPA is no longer administering the 

CAIR trading programs. 

CAA section 110(l) provides that EPA 

cannot approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment or reasonable further 

progress (RFP), or any other applicable 

requirement of the CAA. EPA generally 

considers whether the SIP revision 

would worsen, preserve, or improve the 

status quo in air quality. 

ADEM’s February 27, 2020 

submission seeks to remove the SIPapproved portions of the state trading 

program rules adopted to comply with 

annual CAIR programs from Alabama’s 

SIP because the CAIR annual programs 

have been replaced by the CSAPR 

annual programs. In addition, ADEM’s 

February 27, 2020 submission seeks to 

remove the SIP-approved portions of the 

State’s trading program rules adopted to 

comply with ozone season CAIR 

programs from Alabama’s SIP because 

the CAIR program has been replaced by 

CSAPR for EGUs, and, if approved, 

Alabama’s state control program would 

address the outstanding NOX SIP Call 

requirements for non-EGUs. With 

respect to non-EGUs, ADEM’s February 

27, 2020 submission contains a 

technical demonstration showing that 

no increase in NOX ozone season 

emissions is expected to result from the 

removal of CAIR because the combined 

potential to emit from non-EGU sources 

remains below CAIR budget levels. 

In this notice, EPA is proposing to 

approve the removal of the CAIR-related 

provisions from Alabama’s SIP because 

removal of these provisions is 

appropriate and consistent with all 

applicable requirements, including 40 

CFR 51.121 and CAA section 110(l). As 

explained above, the D.C. Circuit 

remanded CAIR to EPA in 2008; 

however, the court left CAIR in place 

while EPA worked to develop a new 

interstate transport rule. CSAPR was 

promulgated to respond to the Court’s 

concerns and to replace CAIR. The 

implementation of CSAPR was delayed 

for several years beyond its originally 

expected implementation timeframe of 

2012, and therefore, the sunsetting of 

CAIR was also deferred. CAIR was 

implemented through the 2014 

compliance periods and was replaced 

by CSAPR on January 1, 2015. EPA 

promulgated regulations to sunset the 

CAIR trading programs and is no longer 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules 12309 

14 40 CFR 51.123(ff) and 52.35(f) (SIP and FIP 

requirements related to NOX); 40 CFR 51.124(s) and 

52.36(e) (SIP and FIP requirements related to SO2). 

administering them.14 EPA 

preliminarily concludes that approval of 

the February 27, 2020 Alabama 

submittal would not result in increased 

NOX emissions, and therefore, would 

have no impact on any requirements 

related to attainment, reasonable further 

progress (RFP), or any other NAAQS 

requirements under the CAA. EPA 

therefore proposes to approve the 

removal of Alabama’s SIP provisions 

related to CAIR. 

ADEM further provided an analysis to 

demonstrate that the monitoring 

flexibilities comply with CAA section 

110(l). Given that several of the original 

large non-EGU sources are no longer 

subject to the NOX SIP Call due to shutdowns and that the remaining facilities, 

through compliance with federal permit 

restrictions, have potentials-to-emit that 

are well below the NOX SIP Call budget 

levels, accompanied by replacement 

monitoring requirements sufficient to 

ensure compliance with the unchanged 

emissions requirements, this SIP 

revision is not expected to result in 

increases in emissions. EPA also 

preliminarily concludes that Alabama’s 

monitoring regulations related to the 

NOX SIP Call will not interfere with 

continued attainment of the NAAQS, 

RFP, or any other applicable 

requirement of the Clean Air Act. 

3. Ministerial Change 

EPA also proposes to approve into the 

SIP ADEM’s non-substantive 

renumbering of the existing regulation 

titled, ‘‘New Combustion Sources’’ from 

Rule 335–3–8–.14 to Rule 335–3–8–.05. 

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 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Alabama Administrative Code Rule 

335–3–8–.71, ‘‘NOX Budget Program,’’ 

which reestablishes enforceable limits 

on ozone season NOX mass emission for 

certain units as required by EPA’s NOX

SIP Call regulations, and Rule 335–3–8– 

.72, ‘‘NOX Budget Program Monitoring 

and Reporting,’’ which establishes 

alternative emission monitoring 

requirements for the units, effective 

April 13, 2020. Also in this document, 

EPA is proposing to remove from the 

SIP the State’s NOX Budget Trading 

Program and CAIR trading program 

regulations at 335–3–1–.14, 335–3–1– 

.16, 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. EPA has 

made, and will continue to make, the 

SIP generally available through 

www.regulations.gov 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). 

V. Proposed Actions 

EPA is proposing to approve 

Alabama’s February 27, 2020 SIP 

revision to Rule 335–3–8–.71, ‘‘NOX

Budget Program,’’ into the SIP, and 

conditionally approve Alabama’s 

February 27, 2020 SIP revision to Rule 

335–3–8–.72, ‘‘NOX Budget Program 

Monitoring and Reporting,’’ into the 

SIP. In addition, EPA is proposing to 

remove from the SIP the State’s NOX

Budget Trading Program and CAIR 

trading program regulations within 

Chapters 335–3–1, titled ‘‘General 

Provisions,’’ 335–3–5, titled ‘‘Control of 

Sulfur Compound Emissions,’’ and 335– 

3–8, titled ‘‘Control of Nitrogen Oxides 

Emissions,’’ as identified earlier. EPA is 

also proposing to update the SIP to 

reflect the State’s renumbering of the 

existing regulation titled ‘‘New 

Combustion Sources’’ from Rule 335–3– 

8–.14 to Rule 335–3–8–.05. 

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, these proposed 

actions merely propose to approve, or 

conditionally approve, state law as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these proposed actions: 

• Are not significant regulatory 

actions 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); 

• Do not impose information 

collection burdens under the provisions 

of the Paperwork Reduction Act (44 

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

• Are certified as not having 

significant economic impacts on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Do not contain any unfunded 

mandates or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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, these proposed actions 

do 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: February 25, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–04324 Filed 3–2–21; 8:45 am] 

BILLING CODE 6560–50–P 


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