[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Proposed Rules]
[Pages 7404-7410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02683]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0010; FRL-9539-01-R4]


Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan 
for the 1997 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Alabama, through the Alabama Department of Environmental 
Management (ADEM), via a letter dated September 15, 2020. The SIP 
revision includes the 1997 8-hour ozone national ambient air quality 
standards (NAAQS) Limited Maintenance Plan (LMP) for the Birmingham, 
Alabama Area (hereinafter referred to as the ``Birmingham Area'' or 
``Area''). The Birmingham Area is comprised of Jefferson and Shelby 
Counties. EPA is proposing to approve the Birmingham Area LMP because 
it provides for the maintenance of the 1997 8-hour ozone NAAQS within 
the Birmingham Area through the end of the second 10-year portion of 
the maintenance period. The effect of this action would be to make 
certain commitments related to maintenance of the 1997 8-hour ozone 
NAAQS in the Birmingham Area federally enforceable as part of the 
Alabama SIP.

DATES: Comments must be received on or before March 11, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0010 at http://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

[[Page 7405]]

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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#600c01120f0303014e1301120108200510014e070f16"><span class="__cf_email__" data-cfemail="5b373a293438383a75283a293a331b3e2b3a753c342d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. Alabama's SIP Submittal
IV. EPA's Evaluation of Alabama's SIP Submittal
    A. Attainment Emissions Inventory
    B. Maintenance Demonstration
    C. Monitoring Network and Verification of Continued Attainment
    D. Contingency Plan
    E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. Summary of EPA's Proposed Action

    In accordance with the Clean Air Act (CAA or Act), EPA is proposing 
to approve the Birmingham Area LMP for the 1997 8-hour ozone NAAQS, 
adopted by ADEM on September 16, 2020, and submitted by ADEM as a 
revision to the Alabama SIP on September 17, 2020. In 2004, the 
Birmingham Area was designated as nonattainment for the 1997 8-hour 
ozone NAAQS. Subsequently, in 2006, after having clean data and EPA's 
approval of a maintenance plan, the Area was redesignated to attainment 
for the 1997 8-hour ozone NAAQS. See 71 FR 27631 (May 12, 2006).
    The Birmingham Area LMP is designed to maintain the 1997 8-hour 
ozone NAAQS within the Birmingham Area through the end of the second 
10-year portion of the maintenance period beyond redesignation. EPA is 
proposing to approve the plan because it meets all applicable 
requirements under CAA sections 110 and 175A. As a general matter, the 
Birmingham Area LMP relies on the same control measures and contingency 
provisions to maintain the 1997 8-hour ozone NAAQS during the second 
10-year portion of the maintenance period as the maintenance plan 
submitted by ADEM for the first 10-year period.

II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NO<INF>X</INF>) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and in adults with lung disease. Breathing air containing 
ozone can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma and other lung diseases.
    Ozone exposure also has been associated with increased 
susceptibility to respiratory infections, medication use, doctor 
visits, and emergency department visits and hospital admissions for 
individuals with lung disease. Children are at increased risk from 
exposure to ozone because their lungs are still developing and they are 
more likely to be active outdoors, which increases their exposure.\1\
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    \1\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010, and 27 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18, 
1997, EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. See 62 FR 38856 (July 18, 1997).\2\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
NAAQS was set. EPA determined that the 8-hour NAAQS would be more 
protective of human health, especially for children and adults who are 
active outdoors, and individuals with a pre-existing respiratory 
disease, such as asthma.
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    \2\ In March 2008, EPA completed another review of the primary 
and secondary ozone NAAQS and tightened them further by lowering the 
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone NAAQS and tightened them by lowering the level 
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004, EPA designated the Birmingham 
Area, which includes Jefferson and Shelby Counties, as nonattainment 
for the 1997 8-hour ozone NAAQS, and the designation became effective 
on June 15, 2004. See 69 FR 23858 (April 30, 2004). Similarly, on May 
21, 2012, EPA designated areas as unclassifiable/attainment or 
nonattainment for the 2008 8-hour ozone NAAQS. EPA designated the 
Birmingham Area as unclassifiable/attainment for the 2008 8-hour ozone 
NAAQS. This designation became effective on July 20, 2012. See 77 FR 
30088. On November 16, 2017, areas were designated for the 2015 8-hour 
ozone NAAQS. The Birmingham Area was again designated attainment/
unclassifiable for the 2015 8-hour ozone NAAQS, with an effective date 
of January 16, 2018. See 82 FR 54232 (November 16, 2017).
    A state may submit a request that EPA redesignate a nonattainment 
area that is attaining the NAAQS to attainment, and if the area has met 
other required criteria described in section 107(d)(3)(E) of the CAA, 
EPA may approve the redesignation request.\3\ One of the criteria for 
redesignation is to have an approved maintenance plan under CAA section 
175A. The maintenance plan must demonstrate that the area will continue 
to maintain the NAAQS for the period extending ten years after 
redesignation, and it must contain such additional measures as 
necessary to ensure maintenance and such contingency provisions as 
necessary to assure that violations of the NAAQS will be promptly 
corrected. Eight years after the effective date of redesignation, the 
state must also submit a second maintenance plan to ensure ongoing 
maintenance of the NAAQS for an additional ten years pursuant to CAA 
section 175A(b) (i.e., ensuring maintenance for 20 years after 
redesignation).
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    \3\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignating a nonattainment area to attainment. They include 
attainment of the NAAQS, full approval of the applicable SIP 
pursuant to CAA section 110(k), determination that improvement in 
air quality is a result of permanent and enforceable reductions in 
emissions, demonstration that the state has met all applicable 
section 110 and part D requirements, and a fully approved 
maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing

[[Page 7406]]

maintenance plans.\4\ The Calcagni memo provides that states may 
generally demonstrate maintenance by either performing air quality 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS or by showing that projected future 
emissions of a pollutant and its precursors will not exceed the level 
of emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni memo at page 9. EPA clarified 
in three subsequent guidance memos that certain areas could meet the 
CAA section 175A requirement to provide for maintenance by showing that 
the area was unlikely to violate the NAAQS in the future, using 
information such as the area's design value \5\ being well below the 
standard and the area having a historically stable design value.\6\ EPA 
refers to a maintenance plan containing this streamlined demonstration 
as an LMP.
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    \4\ John Calcagni, Director, Air Quality Management Division, 
EPA Office of Air Quality Planning and Standards, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' September 
4, 1992 (Calcagni memo).
    \5\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone area is the 
highest design value of any monitoring site in the area.
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas,'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas,'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM<INF>10</INF> Nonattainment Areas,'' from Lydia Wegman, OAQPS, 
dated August 9, 2001. Copies of these guidance memoranda can be 
found in the docket for this proposed rulemaking.
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    EPA has interpreted CAA section 175A as permitting the LMP option 
because section 175A of the Act does not define how areas may 
demonstrate maintenance, and in EPA's experience implementing the 
various NAAQS, areas that qualify for an LMP and have approved LMPs 
have rarely, if ever, experienced subsequent violations of the NAAQS. 
As noted in the LMP guidance memoranda, states seeking an LMP must 
still submit the other maintenance plan elements outlined in the 
Calcagni memo, including: An attainment emissions inventory, provisions 
for the continued operation of the ambient air quality monitoring 
network, verification of continued attainment, and a contingency plan 
in the event of a future violation of the NAAQS. Moreover, a state 
seeking an LMP must still submit its section 175A maintenance plan as a 
revision to its SIP, with all attendant notice and comment procedures. 
While the LMP guidance memoranda were originally written with respect 
to certain NAAQS,\7\ EPA has extended the LMP interpretation of section 
175A to other NAAQS and pollutants not specifically covered by the 
previous guidance memos.\8\
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    \7\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM<INF>10</INF> 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment for the carbon monoxide (CO) 
NAAQS.
    \8\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the 
second ten-year LMP for the Grant County 1971 Sulfur Dioxide 
maintenance area).
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    In this case, EPA is proposing to approve Alabama's LMP because the 
State has made a showing that the Area's ozone concentrations are well 
below the 1997 8-hour ozone NAAQS and have been historically stable and 
that it has met the other maintenance plan requirements. ADEM submitted 
this LMP for the Birmingham Area to fulfill the second maintenance plan 
requirement in the Act. EPA's evaluation of the Birmingham Area LMP is 
presented below.
    In January of 2006, ADEM submitted to EPA a request to redesignate 
the Birmingham Area to attainment for the 1997 8-hour ozone NAAQS. This 
submittal included a plan to provide for maintenance of the 1997 8-hour 
ozone NAAQS in Birmingham through 2017 as a revision to the Alabama 
SIP. EPA approved the Birmingham Area's maintenance plan and the 
State's request to redesignate the Birmingham Area to attainment for 
the 1997 8-hour ozone NAAQS effective June 12, 2006. See 71 FR 27631 
(May 12, 2006).\9\
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    \9\ After redesignation to attainment, the Birmingham area 
violated the NAAQS with 2004-2006 monitoring data. On February 6, 
2008, Alabama submitted a SIP revision to EPA to fulfill ADEM's 
commitment to adopt, within 18 months of a violation of the 1997 8-
hour ozone NAAQS, one or more contingency measures to help the area 
re-attain the standard. See 74 FR 37945.
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    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that 
one consequence of revocation was that areas that had been redesignated 
to attainment (i.e., maintenance areas) for the 1997 NAAQS no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b). See 80 FR 12264, 12315 (March 6, 2015).
    In South Coast Air Quality Management District v. EPA, the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) vacated the EPA's interpretation that, because of the 
revocation of the 1997 8-hour ozone NAAQS, second maintenance plans 
were not required for ``orphan maintenance areas,'' i.e., areas that 
had been redesignated to attainment for the 1997 8-hour ozone NAAQS 
maintenance areas and were designated attainment for the 2008 ozone 
NAAQS. South Coast, 882 F.3d 1138 (DC Cir. 2018). Thus, states with 
these ``orphan maintenance areas'' under the 1997 8-hour ozone NAAQS 
must submit maintenance plans for the second maintenance period. 
Accordingly, on September 17, 2020, Alabama submitted a second 
maintenance plan for the Birmingham Area that shows that the Area is 
expected to remain in attainment of the 1997 8-hour ozone NAAQS through 
2026.
    In recognition of the continuing record of air quality monitoring 
data showing ambient 8-hour ozone concentrations in the Birmingham Area 
well below the 1997 8-hour ozone NAAQS, ADEM chose the LMP option for 
the development of a second 1997 8-hour ozone NAAQS maintenance plan. 
On September 16, 2020, ADEM adopted the second 10-year 1997 8-hour 
ozone maintenance plan, and on September 17, 2020, ADEM submitted the 
Birmingham Area LMP to EPA as a revision to the Alabama SIP.

III. Alabama's SIP Submittal

    As mentioned above, on September 17, 2020, ADEM submitted the 
Birmingham Area 1997 8-hour ozone NAAQS LMP to EPA as a revision to the 
Alabama SIP. The submittal includes the LMP, air quality data, 
emissions inventory information, and appendices as well as 
certification of adoption of the plan by ADEM. Appendices to the plan 
include EPA's Guidance Memorandum for Ozone Limited Maintenance Plans 
and documentation of notice, hearing, and public participation prior to 
adoption of the plan by ADEM on September 16, 2020. The Birmingham Area 
LMP does not include any additional emissions reduction measures but 
relies on the same emission reduction strategy as their first 10-year 
maintenance plan that provides for the maintenance of the 1997 8-hour 
ozone NAAQS through 2017. Specifically, the measures upon which the 
second 10-year LMP for the Birmingham Area relies include, among other 
things, continued implementation of federal measures (e.g., Tier 3 
Motor

[[Page 7407]]

Vehicle Emission and Fuel Standards,\10\ NO<INF>X</INF> SIP Call,\11\ 
and interstate transport rules such as the Cross-State Air Pollution 
Rule (CSAPR) \12\ and CSAPR Update \13\).
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    \10\ See 79 FR 23414 (April 28, 2014).
    \11\ See 63 FR 57355 (October 27, 1998).
    \12\ See 76 FR 48208 (August 8, 2011).
    \13\ See 81 FR 74504 (October 26, 2016).
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IV. EPA's Evaluation of Alabama's SIP Submittal

    EPA has reviewed the Birmingham Area's LMP which is designed to 
maintain the 1997 8-hour ozone NAAQS within Birmingham through the end 
of the 20-year period beyond redesignation, as required under CAA 
section 175A(b). The following is a summary of EPA's interpretation of 
the section 175A requirements \14\ and EPA's evaluation of how each 
requirement is met.
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    \14\ See Calcagni memo.
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A. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day emissions of VOC and 
NO<INF>X</INF>, as these pollutants are precursors to ozone formation. 
The Birmingham LMP instead includes an ozone attainment inventory for 
the Birmingham area that reflects annual emissions of VOC and 
NO<INF>X</INF> in 2014. Table 1 presents a summary of the inventory for 
2014 contained in the LMP.

                                               Table 1--2014 VOC and NOX Emissions for the Birmingham Area
                                                                       [Tons/year]
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                                                                                                   Onroad mobile      Nonroad mobile
                                                              Point source       Area source           source             source             Total
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VOC......................................................           3,899.07          78,794.64           9,587.72           4,046.32          96,327.75
NOX......................................................          31,365.76           7,679.80          17,394.50           3,470.60          59,910.66
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    The Attainment Emissions Inventory section of the Birmingham Area 
LMP describes the methods, models, and assumptions used to develop the 
attainment inventory and notes that ADEM relied on version 2 of the 
2014 NEI.\15\ Point source emissions were calculated from data 
collected annually from the sources and reported to the State or local 
air agencies. Area source emissions were estimated by multiplying an 
emission factor by some known indicator of collective activity, such as 
fuel usage, and were estimated on the county level. Nonroad mobile 
source emissions in the 2014NEIv2, in part, were estimated using the 
latest version of the EPA's motor vehicles emission model, MOVES (which 
includes estimates nonroad emissions like agriculture, commercial and 
mining, industrial and recreational equipment, and commercial and 
residential lawn and garden equipment). Locomotives, aircraft, and 
marine nonroad sources are not included in MOVES, and ADEM relied on 
EPA-generated emissions for these sectors.\16\ Onroad mobile sources in 
the 2014NEIv2 were estimated using MOVES and the latest planning 
assumptions regarding vehicle type, vehicle activity, and vehicle 
speeds to estimate vehicular emissions for 2014. ADEM's estimates for 
vehicles reflect emissions inventories and ancillary data files used 
for emissions modeling, as well as the meteorological, initial 
condition, and boundary condition files need to run the air quality 
model.
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    \15\ Documentation and data for the 2014 NEIv2 can be accessed 
via the following website: http://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
    \16\ EPA developed emissions for these sectors based on AP-42 
emissions factor, and information supplied by the Eastern Regional 
Technical Advisory Committee for locomotives and Federal Aviation 
Administration's Emissions and Dispersion Modeling System (since 
replaced by the Aviation Environmental Design Tool).
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    Although an ozone LMP would typically include an inventory of 
typical summer day emissions rather than annual emissions, EPA proposes 
to find that Alabama's annual inventory is sufficient here because the 
2014 annual inventory data are consistent with 2014 summer emissions 
inventory data for the Birmingham Area.\17\ Based on our review of the 
methods, models, and assumptions used by Alabama to develop the 
inventory, as well as our review of the 2014 summer emissions data, EPA 
proposes to find that the Alabama 1997 ozone NAAQS LMP includes a 
comprehensive, reasonably accurate inventory of actual ozone precursor 
emissions in attainment year 2014, and proposes to conclude that this 
is acceptable for the purposes of a subsequent maintenance plan under 
CAA section 175A(b).
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    \17\ The 2014 summer emissions data for the Birmingham Area are 
from the EPA 2014 version 7.0 modeling platform, which is based on 
the National Emissions Inventory (2014 NEI version 2), and are 
available at https://www.epa.gov/sites/default/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx. The 2017 NEI is 
the most recent NEI, but it was unavailable to Alabama when the 
State developed its SIP revision.
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B. Maintenance Demonstration

    The maintenance demonstration requirement is considered to be 
satisfied in an LMP if the state can provide sufficient weight of 
evidence indicating that air quality in the area is well below the 
level of the standard, that past air quality trends have been shown to 
be stable, and that the probability of the area experiencing a 
violation over the second 10-year maintenance period is low.\18\ These 
criteria are evaluated below with regard to the Birmingham Area.
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    \18\ See footnote 6.
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1. Evaluation of Ozone Air Quality Levels
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, Appendix 
I, the NAAQS is attained if the design value is 0.084 ppm or below. At 
the time of submission, EPA evaluated quality assured and certified 
2016-2018 monitoring data and determined that the design value for the 
Birmingham Area was 0.067 ppm, or 79 percent of the level of the 1997 
8-hour ozone NAAQS. Based on quality assured and certified monitoring 
data for 2018-2020, the current design value for the Birmingham Area is 
0.066 ppm, or 79 percent of the level of the 1997 8-hour ozone NAAQS. 
Consistent with prior guidance, EPA believes that if the most recent 
air quality design value for the area is at a level that is well below 
the NAAQS (e.g., below 85% of the

[[Page 7408]]

standard, or in this case below 0.071 ppm), then EPA considers the 
state to have met the section 175A requirement for a demonstration that 
the area will maintain the NAAQS for the requisite period. Such a 
demonstration assumes continued applicability of prevention of 
significant deterioration requirements and any control measures already 
in the SIP and that Federal measures will remain in place through the 
end of the second 10-year maintenance period, absent a showing 
consistent with section 110(l) that such measures are not necessary to 
assure maintenance.
    Table 2 presents the 2014-2020 design values for each monitor in 
the Birmingham Area. As shown in Table 2, all sites have been well 
below the level of the 1997 8-hour ozone NAAQS during that time period, 
and the most current design value is below the level of 85 percent of 
the NAAQS, consistent with prior LMP guidance.

                      Table 2--1997 8-Hour Ozone NAAQS 2014-2020 Design Values (ppm) at Monitoring Sites in the Birmingham Area \+\
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                                                                2012-2014    2013-2015    2014-2016    2015-2017    2016-2018    2017-2019    2018-2020
                    Location                      AQS site ID       DV           DV           DV           DV           DV           DV           DV
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Helena.........................................   01-117-0004        0.068        0.065        0.067        0.066        0.067        0.066        0.065
Fairfield......................................   01-073-1003        0.068        0.065        0.066        0.066      [caret]        0.067        0.066
                                                                                                                         0.064
McAdory........................................   01-073-1005        0.068        0.064        0.066        0.065        0.065        0.066        0.066
Hoover.........................................   01-073-2006        0.067        0.065        0.066        0.066          (-)          (-)          (-)
Tarrant........................................   01-073-6002      [caret]        0.067        0.068        0.068          (*)          (*)          (*)
                                                                     0.070
Corner.........................................   01-073-5003        0.065        0.063        0.064        0.064        0.063        0.062        0.061
North Birmingham...............................   01-073-0023        0.067        0.064        0.068        0.066        0.065          (*)        0.066
Leeds..........................................   01-073-1010        0.069        0.063        0.064        0.063        0.066        0.064        0.063
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\+\ The Metropolitan Statistical Area (MSA) is required to have a minimum of two ozone monitoring sites. The MSA still maintains seven regulatory ozone
  monitoring sites offering adequate coverage of the MSA.
* These design values are invalid due to data completeness issues.
- The Hoover monitor (Site ID 01-073-2006) was approved to be shut down at the end of October 31, 2017, through the annual network plan review process.
[caret] The data handling methodology associated with the 1997 8-hour ozone NAAQS was used to calculate these 2014-2020 DVs. Using this appropriate
  methodology, two DVs were calculated as being slightly lower (0.001 ppm lower) than what was included in ADEMS's submittal.

    Therefore, the Birmingham Area is eligible for the LMP option, and 
EPA proposes to find that the long record of monitored ozone 
concentrations that attain the NAAQS, together with the continuation of 
existing VOC and NO<INF>X</INF> emissions control programs, adequately 
provide for the maintenance of the 1997 8-hour ozone NAAQS in the Area 
through the second 10-year maintenance period and beyond.
    Additional supporting information that the Area is expected to 
continue to maintain the NAAQS can be found in projections of future 
year design values that EPA recently completed for the Revised CSAPR 
Update for the 2008 Ozone NAAQS that EPA finalized on April 30, 
2021.\19\ Those projections, made for the year 2023, show that the 
highest design value of any monitor in the Area is expected to be 0.056 
ppm. EPA is not proposing to make any finding in this rulemaking 
regarding interstate transport obligations for any state.
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    \19\ On April 30, 2021, EPA published the final Revised Cross-
State Air Pollution (CSAPR) Update (RCU) using updated modeling that 
focused on analytic years 2023 and 2028 and an ``interpolation'' 
analysis of these modeling results to generate air quality and 
contribution values for the 2021 analytic year. See 86 FR 23054. 
https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf. This modeling included projected ozone design values for 
ozone monitors in the Birmingham maintenance area. See the 
spreadsheet titled ``Data File with Ozone Design Values and Ozone 
Contributions (xlsx)'' at https://www.epa.gov/csapr/revised-cross-state-air-pollution-rule-update.
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2. Stability of Ozone Levels
    As discussed above, the Birmingham Area has maintained air quality 
well below the 1997 8-hour ozone NAAQS over the past seven years. 
Additionally, the design value data shown within Table 2 illustrates 
that ozone levels have been relatively stable over this timeframe, with 
a modest downward trend. For example, the data within Table 2 indicates 
that the largest year over year change in design value at any one 
monitor during these seven years was six parts per billion which 
occurred between the 2014 and 2015 design values, representing a nine 
percent decrease at monitor 01-073-1010 (Leeds). Furthermore, the 
overall trend for the Birmingham Area shows a decrease of three percent 
between the 2014 and 2017 design values at the highest monitor, Tarrant 
monitor 01-073-6002, and shows a decrease of nine percent between the 
2014 and 2020 design values at the second-highest monitor, Leeds 
monitor 01-073-1010. This downward trend in ozone levels, coupled with 
the relatively small, year-over-year variation in ozone design values, 
makes it reasonable to conclude that the Birmingham Area will not 
exceed the 1997 8-hour ozone NAAQS during the second 10-year 
maintenance period.

C. Monitoring Network and Verification of Continued Attainment

    EPA periodically reviews the ozone monitoring network that ADEM and 
Jefferson County Department of Health (JCDH) operates and maintains in 
accordance with 40 CFR part 58. This network plan, which is submitted 
annually to EPA, is consistent with the most recent ambient air quality 
monitoring network assessment. The annual network plan developed by 
ADEM follows a public notification and review process. EPA has reviewed 
and approved the 2020 Ambient Air Monitoring Network Plan (``2020 
Annual Network Plan'').\20\
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    \20\ The letters approving the network plan are in the docket 
for this proposed rulemaking.
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    To verify the attainment status of the area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate, EPA-approved monitoring network in 
accordance with 40 CFR part 58. As noted above, ADEM and JCDH's 
monitoring network in Birmingham has been approved by EPA in accordance 
with 40 CFR part 58, and the State and JCDH have committed to continue 
to maintain a network in accordance with EPA requirements. EPA proposes 
to find that ADEM and JCDH's monitoring network is adequate to verify 
continued attainment of the 1997 8-hour ozone NAAQS in Birmingham.

D. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. The purpose of such contingency provisions is 
to prevent future violations of the NAAQS or to promptly remedy any 
NAAQS violations that might occur during the

[[Page 7409]]

maintenance period. These contingency measures are required to be 
implemented expeditiously once they are triggered by a future violation 
of the NAAQS or some other trigger. The state should identify specific 
triggers which will be used to determine when the contingency measures 
need to be implemented.
    The LMP states that the initial trigger of Alabama's contingency 
plan is when any individual monitor in the Birmingham Area records an 
annual fourth high reading of 85 ppb or higher. If this trigger is 
activated and ambient monitoring data indicates that a violation of the 
3-year design value may be imminent, the maintenance plan requires 
Alabama to evaluate existing control measures to determine whether any 
further emission reduction measures should be implemented at that time. 
The second contingency plan trigger will be a quality assured/quality 
controlled (QA/QC) violating design value of the 1997 8-hour ozone 
NAAQS at any monitor in the Birmingham Area.\21\ As expeditiously as 
possible and within 18 to 24 months after a monitored violation, 
Alabama will adopt and implement appropriate contingency measures 
needed to assure future attainment.\22\ In addition to at least one 
contingency measure being implemented upon a monitored violation, 
pursuant to CAA section 175A(d), all control measures in place prior to 
redesignation to attainment will remain in place.
---------------------------------------------------------------------------

    \21\ If QA/QC data indicates a violating design value for the 8-
hour ozone NAAQS, then the triggering event will be the date of the 
design value violation, and not the final QA/QC date. However, if 
initial monitoring data indicates a possible design value violation 
but later QA/QC indicates that a NAAQS violation did not occur, then 
a triggering event will not have occurred, and contingency measures 
will not need to be implemented.
    \22\ See the Contingency Plan section of the LMP for further 
information regarding the contingency plan, including measures that 
Alabama will consider for adoption if a monitored violation occurs.
---------------------------------------------------------------------------

    EPA proposes to find that the contingency provisions in Alabama's 
second maintenance plan for the 1997 8-hour ozone NAAQS meet the 
requirements of the CAA section 175A(d).

E. Conclusion

    EPA proposes to find that the Birmingham LMP for the 1997 8-hour 
ozone NAAQS includes an approvable update of the various elements 
(including attainment inventory, assurance of adequate monitoring and 
verification of continued attainment, and contingency provisions) of 
the initial EPA-approved maintenance plan for the 1997 8-hour ozone 
NAAQS. EPA also proposes to find that the Birmingham Area, a former 
subpart 1 marginal 1997 8-hour ozone NAAQS nonattainment area, 
qualifies for the LMP option, and adequately demonstrates maintenance 
of the 1997 8-hour ozone NAAQS through the documentation of monitoring 
data showing maximum 1997 8-hour ozone levels below the NAAQS and 
historically stable design values. EPA believes the Birmingham Area's 
LMP, which retains all existing control measures in the SIP, is 
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in 
the Area over the second maintenance period (i.e., through 2026) and 
thereby satisfies the requirements for such a plan under CAA section 
175A(b). EPA is therefore proposing to approve Alabama's September 17, 
2020, submission of the Birmingham Area 1997 8-hour ozone NAAQS LMP as 
a revision to the Alabama SIP.

V. Transportation Conformity and General Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B). 
EPA's transportation conformity rule at 40 CFR part 93 subpart A 
requires that transportation plans, programs, and projects conform to 
SIPs and establishes the criteria and procedures for determining 
whether they conform. The conformity rule generally requires a 
demonstration that emissions from the Regional Transportation Plan 
(RTP) and the Transportation Improvement Program (TIP) are consistent 
with the motor vehicles emissions budget (MVEB) contained in the 
control strategy SIP revision or maintenance plan. See 40 CFR 93.101, 
93.118, and 93.124. A MVEB is defined as ``the portion of the total 
allowable emissions defined in the submitted or approved control 
strategy implementation plan revision or maintenance plan for a certain 
date for the purpose of meeting reasonable further progress milestones 
or demonstrating attainment or maintenance of the NAAQS, for any 
criteria pollutant or its precursors, allocated to highway and transit 
vehicle use and emissions.'' See 40 CFR 93.101.
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emissions analysis. See 40 CFR 93.109(e). On 
February 23, 2006, EPA made a finding that the MVEBs in the first 10 
years of the 1997 8-hour ozone maintenance plan for the Birmingham Area 
were adequate for transportation conformity purposes. See 71 FR 9332 
(February 23, 2006). This adequacy determination became effective on 
March 10, 2006. After approval of this LMP or an adequacy finding for 
this LMP, there is no requirement to meet the budget test pursuant to 
the transportation conformity rule for the maintenance area. All 
actions that would require a transportation conformity determination 
for the Birmingham Area ozone maintenance area under EPA's 
transportation conformity rule provisions are considered to have 
already satisfied the regional emissions analysis and ``budget test'' 
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for 
this LMP. See 69 FR 40004 (July 1, 2004).
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs, and projects. 
Specifically, for such determinations, RTPs, TIPs and transportation 
projects still will have to demonstrate that they are fiscally 
constrained (40 CFR 93.108) and meet the criteria for consultation (40 
CFR 93.105) and Transportation Control Measure implementation in the 
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot 
requirements for projects (40 CFR 93.116).\23\ Additionally, conformity 
determinations for RTPs and TIPs must be determined no less frequently 
than every four years, and conformity of plan and TIP amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104. In addition, in order for 
projects to be approved they must come from a currently conforming RTP 
and TIP. See 40 CFR 93.114 and 40 CFR 93.115.
---------------------------------------------------------------------------

    \23\ A conformity determination that meets other applicable 
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is 
still required, including the hot-spot requirements for projects in 
CO, PM<INF>10</INF>, and PM<INF>2.5</INF> areas.
---------------------------------------------------------------------------

VI. Proposed Action

    Under sections 110(k) and 175A of the CAA and for the reasons set 
forth above, EPA is proposing to approve the Birmingham Area LMP for 
the 1997 8-hour ozone NAAQS, submitted by ADEM on September 17, 2020, 
as a revision to the Alabama SIP. EPA is proposing to approve the 
Birmingham Area LMP because it includes an acceptable update of the 
various elements of the 1997 8-hour ozone

[[Page 7410]]

NAAQS maintenance plan approved by EPA for the first 10-year period and 
retains the relevant provisions of the SIP.
    EPA also finds that the Birmingham Area qualifies for the LMP 
option and that, therefore, the Birmingham Area LMP adequately 
demonstrates maintenance of the 1997 8-hour ozone NAAQS through 
documentation of monitoring data showing maximum 1997 8-hour ozone 
levels well below the NAAQS and continuation of existing control 
measures. EPA believes the Birmingham Area's 1997 8-hour ozone LMP to 
be sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS 
in the Birmingham Area over the second 10-year maintenance period, 
through 2026, and thereby satisfy the requirements for such a plan 
under CAA section 175A(b).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <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; and
    <bullet> Does 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).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
reporting and recordkeeping Requirements, Volatile organic compounds.

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

    Dated: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-02683 Filed 2-8-22; 8:45 am]
BILLING CODE 6560-50-P


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