### ' 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 1lO(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



### Ifyou need additional information concerning this submittal, please call Ron Gore of my staff at (334)271-7868. Sincerely,

# ~~ Director LRL/RWG: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-8-147ATTACHMENT- 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 Ad mi n. 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 "Compli ance Schedule", and 335-3- 14-
.03(1)(g) permits, and auctions ofemissions 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 ofthis 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 " Monitorin g , Records, and Reporting " and 335-3- 1-
.05 " Sampl ing procedures necessary to- and Testing Methods". Further, our 2008 network plan was cond itionally 

### (i) monitor, compi le, and analyze data on approved on October 27, 2008 , and ADEM respo nded on Decembe r 22. ambient air quality , and 2008. {ii) upon request , make such data available to the Administrator ; §110(a)(2)(C) i nclude 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 Sign ificant Deterio ration in Permittin g" regulation ofthe 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 ofemissions 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 nationalprimary orsecondary "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 underpart C to prevent significant deterioration ofair quality or to protect visibility,

(ii) insuring compliance with the applicable requirements ofsections 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 generalpurpose local government orgovernments, 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 anyprovision offederal or state law from carrying out such implementation plan orportion 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 2Section 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 orregional government, agency, or Environmental Management Commission. instrumentality for the implementation ofanyplan provision, the state has responsibility for ensuring adequate implementation ofsuch 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 ofequipment, and the implementation ofother 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 ofsuch reports by the state agency with any emission limitations or standards establishedpursuant to this Act, which reports shall be available at reasonable times forpublic 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 contingencyplans 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 3Section 110(a) element Summary of element How Addressed in Submittal §11 O(a)(2)(H) provide for revision ofsuch plan- These req u irements 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 ofrevisions ofsuch national primary or secondary ambient air quality standard or the I availability ofimproved or more expeditious methods ofattaining 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 ofa plan orplan revision for an area ADEM developed an attainm ent 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 ofpart 0 (relating to Alabama has an approved conformity SIP nonattainment areas); §110(a)(2)(J) meet the applicable requirements ofsection 121 This requ irement is met thro ugh 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

. Th is requ i re ment is also met through the interagency consultation p rocess as d irected by Alabama 's approved Conformity SIP and 40 CFR 93
. 112
. §11 O(a)(2)(J) meet the applicable requirements ofsection 7427 of This requirement is met th rough ADEM Adm in. Codes rs . 335-3-2 "Air (Section 127 public this title, Pollution Emergency", 335-3-14-.01(7) " Pub li c Participation ", and 335-3- notification) 14-.05(13) " Public Participation". Further, ADEM has several pub li c notice mechanisms in place to notify the public of Ozone and oth e r 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- 1 4 "Air (PSD) (relating to prevention ofsignificant deterioration of Permits" and through the Alabama Reg ional 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 ofsuch air qual ity modeling as " Mon itoring, Records , and Reporting " and 335-3-14-
. 04 " Preve ntion of the Administrator mayprescribe for the purpose of Significant Deterioration Permitting ", specifically paraqraph (11) "Ai r 

### Page4Section 110(a) element Summary of element How Addressed in Submittal predicting the effect on ambient air quality ofany Qual ity Models". emissions ofany airpollutant for which the Administrator has established 

### a national ambient air quality standard , and (ii) the submission, upon request , ofdata 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 ofeach 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 ofanypermit required under this Act , 

### a fee sufficient to cover-

(i) the reasonable costs ofreviewing and acting upon any application for such 

### a permit, and

(ii) ifthe owner or operator receives 

### a permit for such source, the reasonable costs ofimplementing and enforcing the terms and conditions ofany such permit (not including any court costs or othercosts 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 andparticipation 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 throug h the interagency consultation process as directed by Alabama's approved Conformity SIP and 40 CFR 93
. 112
.



### Page 5Section 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 ofsignificant deterioration ofair quality and visibilityprotection); §11 O(a)(2)(C)

... regulation ofthe modification and construction ofany stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved , including 

### a permitprogram 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 6ONIS"TREY- GLENN, Ill DIRECTOR 

# ADEM

Alahma Oepartmomt offnvlronm.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, A l abama 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 ofemissions activity within the State from emitting any air pollutants in amounts which will (I) significantly contribute to nonattainment ofthe NAAQS for areas in any other State; (2) interfere with the maintenance ofthe 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 ofmy staffat (334) 271-7878 ifyou 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. 1 7 1 l (256i )40·9JS9 (f l') Mobii. Branch 21 04 Peri m eter Road Moblle
. l\l 3661 5

- l lll**(}511•50·~** MobM • Coosal t 1

OVulcan 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 4 32'<»98 (Fo•IONIS "TREY- GLENN, Ill DIRECTOR



### December 

### JO, 2007 

# ADEM

AlelNlm1 OeplrtmMlt Qft11vlronmenwl 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 ofthe 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 

### ofthe 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 ofthe 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/RWG :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 C ornmar.de<• DTlve Mobile
. A L36615· l411 (251)43Hi533 (251) 43 2-6598 (Fa•l