' LANCE R. LEFLEUR 

DIRECTOR 

Blnnlngham Branch 

110 Vulcan Road 

October 17, 2011 

ADEM 

Alabama Department of Environmental Management 

adem.alabama.gov 

1400 Coliseum Blvd. 36110-2400 • Post Office Box 301463 

Montgomery, Alabama 36130-1463 

(334) 271-7700 • FAX (334) 271-7950 

CERTIFIED MAIL NO.: 91 7108 2133 3936 5743 1611 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

EPA Region4 

Atlanta Federal Center 

61 Forsyth Street, S.W. 

Atlanta, GA 30303-8960 

Dear Ms. Fleming: 

ROBERT J. BENTLEY 

GOVERNOR 

OCf 2 s 'l()l' 

RNs Office 

This letter is to certify that Alabama's existing State Implementation Plan (SIP) meets 

all Section l lO(a)(l) and 110(a)(2) provisions of the Clean Air Act (CAA) that address 

the requirements for the 2008 8-hour Ozone NAAQS. In a guidance document issued on 

October 2, 2007, EPA noted that, to the extent an existing SIP already meets the section 

110( a )(2) requirements, states need only to certify that fact via a letter to EPA. 

On December 10, 2007, the Alabama Department of Environmental Management 

certified by letter that Alabama's existing SIP meets all Section 1 lO(a)(l) and (2) 

provisions of the Clean Air Act that address requirements for the 1997 8-hour Ozone 

NAAQS. Pursuant to EPA's regulations at 40 CFR Part 51, this submittal was also 

subject to a public hearing. EPA approved Alabama's submission on July 13, 2011. 

All section 11 O(a)(2) SIP elements for the 8-hour Ozone NAAQS are outlined in the 

attached table. 

Decatur Branch Mobile Branch Moblle-Coastal 

2715 Sandlin Road, S. W. . .. 2204 Perimeter Road 4171 Commanders Drive 

Birmingham, AL 35209-4702 Decatur, AL 35603-1333 * * .. • Mobile, AL 36615-1131 Mobile, AL 36615-1421 

(205) 942-6168 (256) 353-1713 (251) 450.3400 (251) 432-6533 

(205) 941-1603 (FAX) (256) 340.9359 (FAX) (251) 479-2593 (FAX) (251) 432-6598 (FAX) 
Ms. Gwendolyn Keyes Fleming 2 October 17, 2011 

If you need additional information concerning this submittal, please call Ron Gore of 

my staff at (334)271-7868. 

Sincerely, 

~~ Director 

LRL/R WG:mmm/bdc 

cc: Scott Davis 

CERTIFIED MAIL NO.: 91 7108 2133 3936 5743 1604 

Douglas Neeley 

CERTIFIED MAIL NO.: 91710821333936 5743 1598 

Beverly Bannister 

CERTIFIED MAIL NO.: 91 7108 2133 3936 5743 1581 

Lynorae Benjamin 

CERTIFIED MAIL NO.: 91 7108 2133 3936 5743 1571 

Enclosures (3) 

File: P-8-14 7 
ATTACHMENT- SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST 

SIP Submitted by: 

Date Submitted: Subject: Confirmation of 11 O(a)(2)(A)-(M) 8-Hour Ozone NAAQS Requirements in the Current Alabama SIP 

110(ai(2)(A)-(M) Requirements Checklist -Alabama 

I Section 110(a) element Summary of element How Addressed in Submittal 

§11 O(a)(2)(A) include enforceable emission /imitations and other These requirements are met through ADEM Admin. Code rs. 335-3-1-

control measures, means, or techniques (including .03 "Ambient Air Quality Standards", 335-3-1-.05 "Sampling and Testing 

economic incentives such as fees, marketable Methods", 335-3-1 -.06 "Compliance Schedule", and 335-3-14-.03(1)(g) 

permits, and auctions of emissions rights), as well "Standards for Granting Permits". Further, the following rules regulate 

as schedules and timetables for compliance as may stack height: 335-3-14-.03(2)(d) & (e), 335-3-15-.02(9)(d) & (e), 335-3-

be necessary or appropriate to meet the applicable 16-.02(10)(d) & (e). 

requirements of this Act. 

§110(a)(2)(B) provide for establishment and operation of These requirements are met through ADEM Admin. Code rs. 335-3-1 -

appropriate devices, methods, systems, and .04 "Monitoring, Records, and Reporting" and 335-3-1-.05 "Sampling 

procedures necessary to- and Testing Methods". Further, our 2008 network plan was conditionally 

(i) monitor, compile, and analyze data on approved on October 27, 2008, and ADEM responded on December 22. 

ambient air quality, and 2008. 

{ii) upon request, make such data available 

to the Administrator; 

§110(a)(2)(C) include a program to provide for the enforcement of ADEM is able to regulate NOx and VOCs through ADEM Admin. Code 

the measures described in subparagraph (A) and rs. 335-3-14-.04 "Prevention of Significant Deterioration in Permitting" 

regulation of the modification and construction of and 335-3-14-.05 "Air Permits Authorizing Construction in or Near 

any stationary source within the areas covered by Nonattainment Areas". 

the plan as necessary to assure that national 

ambient air quality standards are achieved, 

including a permit program as required in parts C 

and D; 

Page 1 
Section 110{a) element Summary of element How Addressed in Submittal 

§11 O{a){2){D) contain adequate provisions- The first and second elements are met through Alabama's Clean Air 

Interstate Rule (CAIR}, which was approved by EPA on October 1, 2007 

(i) prohibiting, consistent with the provisions of (72 FR 55659). The fourth element is met through Alabama's Regional 

this title, any source or other type of emissions Haze Implementation Plan, which was submitted July 15, 2008. 

activity within the state from emitting any air 

pollutant in amounts which will-- As stated previously, concerning the third element, ADEM is able to 

(I) contribute significantly to nonattainment in, or regulate NOx and voes through ADEM Admin. Code rs. 335-3-14-.04 

interfere with maintenance by, any other state with "Prevention of Significant Deterioration in Permitting" and 335-3-14-.05 

respect to any such national primary or secondary "Air Permits Authorizing Construction in or Near Nonattainment Areas". 

ambient air quality standard, or 

(//) interfere with measures required to be 

included in the applicable implementation plan for 

any other State under part C to prevent significant 

deterioration of air quality or to protect visibility, 

(ii) insuring compliance with the applicable 

requirements of sections 126 and 115 (relating to 

interstate and international pollution abatement); 

§11 O{a){2){E){i) provide Legal authority is derived from Ala. Code §§22-28-11 (2006 Rplc. Vol.}, 

(i) necessary assurances that the state (or, except which authorizes the Department to adopt emission requirements 

where the Administrator deems inappropriate, the through regulation that are necessary to prevent, abate, or control air 

general purpose local government or governments, pollution. The funding requirements are met through §105 grants and 

or a regional agency designated by the state or through the Title V fee process (ADEM Admin. Coder. 335-1-7-.04). 

general purpose local governments for such 

purpose) will have adequate personnel, funding, 

and authority under state (and, as appropriate, 

local) law to carry out such implementation plan 

(and is not prohibited by any provision of federal or 

state law from carrying out such implementation 

plan or portion thereof); 

§11 O{a){2){E){ii) (ii) requirements that the state comply with the Requirements dictating the roles of local or regional governments (local 

requirements respecting state boards under section programs) are derived from Ala. Code §§22-28-11 (2006 Rplc. Vol.}, as 

128, and amended, which do not allow the local proQrams to be less strict than 

Page 2 
Section 11 O(a) element Summary of element How Addressed in Submittal 

§110(a)(2)(E)(iii) (iii) necessary assurances that, where the state has the Alabama SIP/regulations and allows for oversight from the Alabama 

relied on a local or regional government, agency, or Environmental Management Commission. 

instrumentality for the implementation of any plan 

provision, the state has responsibility for ensuring 

adequate implementation of such plan provision; 

§11 O(a)(2)(F) require, as may be prescribed by the These requirements are met through ADEM Admin. Code chap. 335-3-

Administrator- 12 "Continuous Monitoring Requirements for Existing Sources". 

(i) the installation, maintenance, and replacement 

of equipment, and the implementation of other 

necessary steps by owners or operators of 

stationary sources to monitor emissions from such 

sources, 

(ii) periodic reports on the nature and amounts of 

emissions and emissions-related data from such 

sources, and 

(iii) correlation of such reports by the state agency 

with any emission limitations or standards 

established pursuant to this Act, which reports shall 

be available at reasonable times for public 

inspection; 

§11 O(a)(2)(G) provide for authority comparable to that in section This requirement is met through ADEM Admin. Code chap. 335-3-2, "Air 

303 and adequate contingency plans to implement Pollution Emergency". ADEM also meets this requirement through Ala. 

such authority; Code §§22-28-11 (2006 Rplc. Vol.), as amended, "Air Pollution 

Emergencies". 

I 

Page 3 
Section 110(a) element Summary of element How Addressed in Submittal 

§11 O(a)(2)(H) provide for revision of such plan- These requirements are met through ADEM Admin. Code rs. 335-1-1-

(i) from time to time as may be necessary to .03(1 )(b) and 335-3-1-.03 "Ambient Air Quality Standards" 

take account of revisions of such national primary 

or secondary ambient air quality standard or the I 

availability of improved or more expeditious 

methods of attaining such standard, and 

(iii) except as provided in paragraph (3}(C}, 

whenever the Administrator finds on the basis of 

information available to the Administrator that the 

plan is substantially inadequate to attain the 

national ambient air quality standard which it 

implements, or to otherwise comply with any 

additional requirements established under this 

Act; 

§11 O(a)(2)(1) in the case of a plan or plan revision for an area ADEM developed an attainment plan for the 8-Hour Ozone 

designated as a nonattainment area, meet the nonattainment area within Alabama. In regards to Section 176(c), 

applicable requirements of part 0 (relating to Alabama has an approved conformity SIP 

nonattainment areas); 

§110(a)(2)(J) meet the applicable requirements of section 121 This requirement is met through provisions in separate implementation 

(§ 121 consultation) (relating to consultation), ... plans, such as the Regional Haze Implementation Plan, which provide 

for continued consultation with government officials. This requirement is 

also met through the interagency consultation process as directed by 

Alabama's approved Conformity SIP and 40 CFR 93.112. 

§11 O(a)(2)(J) meet the applicable requirements of section 7427 of This requirement is met through ADEM Admin. Codes rs. 335-3-2 "Air 

(Section 127 public this title, Pollution Emergency", 335-3-14-.01(7) "Public Participation", and 335-3-

notification) 14-.05(13) "Public Participation". Further, ADEM has several public 

notice mechanisms in place to notify the public of Ozone and other 

pollutant forecasting. 

§11 O(a)(2)(J) meet the applicable requirements of ... part C This requirement is met through ADEM Admin. Code chap. 335-3-14 "Air 

(PSD) (relating to prevention of significant deterioration of Permits" and through the Alabama Regional Haze Implementation Plan, 

air quality and visibility protection); which was submitted July 15, 2008. 

§11 O(a)(2)(K) provide for: This requirement is met through ADEM Admin. Codes rs. 335-3-1-.04 

(i) the performance of such air quality modeling as "Monitoring, Records, and Reporting" and 335-3-14-.04 "Prevention of 

the Administrator may prescribe for the purpose of Significant Deterioration Permitting", specifically paraqraph (11) "Air 

Page4 
Section 110(a) element Summary of element How Addressed in Submittal 

predicting the effect on ambient air quality of any Quality Models". 

emissions of any air pollutant for which the 

Administrator has established a national ambient air 

quality standard, and 

(ii) the submission, upon request, of data related 

to such air quality modelinq to the Administrator; 

This requirement is met through ADEM Admin. Code chap. 335-1-7 "Air 

§11 O(a)(2)(L) require the owner or operator of each major Division Operating Permit Fees'', which are State regulations not 

stationary source to pay to the permitting authority, approved in the Federal SIP. 

as a condition of any permit required under this Act, 

a fee sufficient to cover-

(i) the reasonable costs of reviewing and acting 

upon any application for such a permit, and 

(ii) if the owner or operator receives a permit for 

such source, the reasonable costs of implementing 

and enforcing the terms and conditions of any such 

permit (not including any court costs or other costs 

associated with any enforcement action), until such 

fee requirement is superseded with respect to such 

sources by the Administrator's approval of a fee 

proqram under title V; 

§11 O(a)(2)(M) provide for consultation and participation by local This requirement is met through ADEM Admin. Code rs. 335-3-17-.01 

political subdivisions affected by the plan. "Transportation Conformity". This requirement is also met through the 

interagency consultation process as directed by Alabama's approved 

Conformity SIP and 40 CFR 93.112. 

Page 5 
Section 110(a) element Summary of element How Addressed in Submittal 

§§ 11 O(a)(2)(C) & Part C Permit program: 

11 O(a)(2)(J) §110(a)(2)(J) meet the applicable requirements of 

... part C (relating to prevention of significant 

deterioration of air quality and visibility protection); 

§11 O(a)(2)(C) ... regulation of the modification and 

construction of any stationary source within the 

areas covered by the plan as necessary to assure 

that national ambient air quality standards are 

achieved, including a permit program as required in 

parts C and D; 

40 CFR 51.166: Amend PSD regulations as 

required by the November 29, 2005 final rule (70 FR 

71612 at 71699-71700). See also 70 FR 71671-

71684. 

Page 6 
ONIS "TREY- GLENN, Ill 

DIRECTOR ADEM 

Alahma Oepartmomt of fnvlronm.ntal M•fW9•ment 

i1dem..,l1b•ma.9ov 

1400 Coliseum Bl~d. 36110·2059 • Post Office 8Qd014Ci3 

Mr. James I. Palmer, Jr. 

Regional Administrator, EPA Region 4 

Atlanta Federal Center · 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-8960 

Dear Mr. Palmer: 

Montgomet"y, Alabama 36130· 14f>3 

(334) 271·7700 

FAX (3H) 271 7950 

June 22, 2007 

This letter is in response to the August 15, 2006 EPA guidance memorandum "Guidance for State 

Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 

I IO(a)(2)(D)(i) for the 8-Hour Ozone and PM2 s National Ambient Air Quality Standards." This 

memorandum provided guidance concerning State Implementation Plan (SIP) submissions states should 

make to meet their currently outstanding obligations under Section 11 O(a)(2)(DXi) of the Clean Air Act. 

According to this guidance document, there are four elements that a State must address to satisfy the 

section I IO(o)(2)(D)(i) SIP requirement. Each St11te's SIP must contain adequate provisions/measures 

prohibiting any source or other type of emissions activity within the State from emitting any air pollutants 

in amounts which will (I) significantly contribute to nonattainment of the NAAQS for areas in any other 

State; (2) interfere with the maintenance of the NAAQS in any other State; (3) interfere with measures to 

prevent significant deterioration of air quality in any other State; and (4) interfere with measures to 

protect visibiiity in any other State. 

EPA has stated that States participating in the CAIR program appropriately addressed the first 

ond second elements. Alabama submitted its final SIP revision to implement CAIR in March 2007. It is 

not possible at this time to assess whether any emissions in Alabama interfere with another State's ability 

to protect visibility until Regional Haze SlPs are finalized. ADEM is currently on schedule to submit the 

Regional Haze SIP to EPA in fiscal year 2008. 

The third element deals with the Prevention of Significant Deterioration (PSD) requirement. 

Jefferson and Shelby counties were redesignated to attainment of the 8-hour ozone NAAQS effective 

June 12. 2006. There are no 8-hour ozone nonattainment areas remaining in Alabama. Therefore, all 

major sources of NOx or VOC in the State of Alabama are subject to the PSD permitting program. 

According to ADEM PSD regulations, NOx is a precursor to ozone. Since there are no 8-hour ozone 

nonattainment Greas in the State, then: ere no requirements remaining under Phase II of the ozone 

implementation rule. 

This information will be available for public review during our next rulemaking in late-summer. 

Pie~ call Chris Howard of my staff at (334) 271-7878 if you need further information. 

OTG/CH/ghl' 

- .. );/;?~· 

nis '"J'rey"~enn, Ill 

Director 

BOB RILEY 

GOVERNOR 

Blrmlng"-n Blanch Oec11ur 8ronch 

1715 ~ndt;n Roao. s w De<•t,r, Al 3St503· 13H 

1156) lSJ. 17 1 l 

(256i )40·9JS9 (fl') 

Mobii. Branch 

2104 Perimeter Road 

Moblle. l\l 3661 5- l lll 

(}511•50·~ 

MobM • Coosal 

t 1 O Vulcan Road 

Bnmi119h•rn. ~l J51C9.,,.701 

(205)~l-Q1(>8 

i/05) 90I· 1603 (Fii.i) (25 I) 79 2593 (fdJ<) 

4 17: Commanders L)r111ti 

MOONe. Al 3661 S 14'1 

((~1)1~7 6~ll 

(25 ll 432'<»98 (Fo•I 
ONIS "TREY-GLENN, Ill 

DIRECTOR 

December JO, 2007 

ADEM 

AlelNlm1 OeplrtmMlt Qf t11vlronmenwl M11W1gemen1 

ed1m.1l1bame.gov 

1400 Coliseum Blvd: '36111)'.2·059 ,. • .· · Post Office Box 301463 

Mont9om~ry. Alabama 36130-1463 

(334) 271-7700 

FAX (334) 271-7950 

CERTIF1ED MAIL NO.: 7007 0710 0001 6199 0112 

RETURN RECEIPT REQUESTED 

Mr. James I. Palmer, Jr. 

Regional Administrator 

EPA Region 4 

Atlanta Federal Center 

61 Forsyth Street, S. W. 

Atlanta, GA 30303-8960 

Dear Mr. Palmer: 

This letter is to certify that Alabama's existing State Implementation Plan (SIP) meets all Section 

I 1O(a)(1) and l 1 O(a)(2) provisions of the CAA that address the requirements for the 8-hour 

ozone NAAQS. In addition, all Section 110 SIP elements for 8-hour ozone as outlined in 

Atta1.:hment A of the October 2, 2007, gtiidan:c;e m~morandum from William T. Hamett are also 

mer. _,, . .· ,• . 

The existing Alabama SIP contains provisions that address the requirements for the 8-hour ozone 

NAAQS. Alabama's Emergency Episode provisions pert13ining to ozone levels are more 

stringent than lhe current required levels specified in 40 CFR 51.15 l for Priority 1 Regions. 

Al.;:.ibama's provisions are located in Chapter 335-3-2 of the ADEM regulations (specifically Rule 

No. 335-3-2-.02(1)5). These provisions were approved by EPA on August 11, 1980 (45 FR 

53 J 36). 

If you need additional infonnation concerning this submittal, please call Ron Gore of my staff at 

(3 34) 271-7863. 

Sincerely, #'7;_ /Z--~ Onis "Trey" Glenn, Ill , 

Director · · 

OTG/R WG:glh 

cc: Dick Schutt ··• . 

CERTIFIED MAIL NO.: 7007 0710 0001 6199 0105 

Jane Spann 

Stacy Harder 

BOB RILEY 

GOVERNOR 

Birmingham Branen 

110 Vulcan A~ 

Birmingham, AL 35.20'#-4702 

(205) 942-6168 

(205) 941 · l003 (Fax) 

Demur Brencn 

2715 Sandlin Road, s. w. Deca1ur, AL 35603-1333 

(256) 353·1713 

(256) 340-9359 (Fait) 

Mobile Brar1cn 

2204 Perimetef Road 

Mobile, AL 36615· 1131 

(25 I) 450-3400 

(251) 479-2593 (Fax) 

Moblll' . Coast•! 

4171 Cornmar.de<• DTlve 

Mobile. AL 36615· l 411 

(251)43Hi533 

(251) 432-6598 (Fa•l