Confirmation of 110(a)(2)(A)-(M) PM NAAQS Requirements in the Current Alabama SIPSection 110(a) elementSummary of elementHow Addressed in Submittal§110(a)(2)(A)include enforceable emission limitations and othercontrol measures, means, or techniques (includingeconomic incentives such as fees, marketablepermits, and auctions of emissions rights), as wellas schedules and timetables for compliance as maybe necessary or appropriate to meet the applicablerequirements of this Act.These requirements are met through ADEM Admin. Code rs. 335-3-1-.03 “Ambient Air Quality Standards”,335-3-1-.05 “Sampling and TestingMethods”, 335-3-1-.06 “Compliance Schedule”, and 335-3-14-.03(1)(g)“Standards for Granting Permits”. Further, the following rules regulatestack height: 335-3-14-.03(2)(d) & (e),335-3-15-.02(9)(d) & (e), 335-3-16-.02(10)(d) & (e).§110(a)(2)(B)provide for establishment and operation ofappropriate devices, methods, systems, andprocedures necessary to-(i)monitor, compile, and analyze data onambient air quality, and(ii)upon request, make such data availableto the Administrator;These requirements are met through ADEM Admin. Code rs. 335-3-1-.04 “Monitoring, Records, and Reporting” and 335-3-1-.05 “Samplingand Testing Methods”. Further, our 2008 network plan was conditionallyapproved by EPA on October 27,2008, and ADEM responded onDecember 22, 2008.§110(a)(2)(C)include a program to provide for the enforcement ofthe measures described in subparagraph (A) andregulation of the modification and construction ofany stationary source within the areas covered bythe plan as necessary to assure that nationalambient air quality standards are achieved,including a permit program as required in parts Cand D;ADEM commits to ensuring that PSD and Nonattainment NSR permitsissued to major sources in Alabama will be consistent with Alabama’sapproved SIP regardingsuch permits. According to EPA’s“Implementation of the New SourceReview (NSR) Program for PM2.5”published May 16, 2008, states with EPA approved PSD programsshould continue to use the existing interim approach of relying on PM10as a surrogate for PM2.5 until their revised SIPs are adopted. Innonattainment areas of the state,the ‘transitional’ NSR provisions(contained in Appendix S of 40 CFR 51) are to be applied until a revisedSIP is adopted. ADEM is able to regulate sources of PM10 throughADEM Admin. Code rs. 335-3-14-.04 “Prevention of SignificantDeterioration in Permitting” and 335-3-14-.05 “Air Permits AuthorizingConstruction in or Near Nonattainment Areas”.Page1Section 110(a) element Summary of elementHow Addressed in Submittal§110(a)(2)(D)contain adequate provisions—(i) prohibiting, consistent with the provisions ofthis title, any source or other type of emissionsactivity within the state from emitting any airpollutant in amounts which will--(I) contribute significantly to nonattainment in, orinterfere with maintenanceby, any other state withrespect to any such national primary or secondaryambient air quality standard, or(II) interfere withmeasures required to beincluded in the applicable implementation plan forany other State under part C to prevent significantdeterioration of air quality or to protect visibility,(ii) insuring compliance with the applicablerequirements of sections 126 and 115 (relating tointerstate and international pollution abatement);The first and second elements are met through Alabama’s Clean AirInterstate Rule (CAIR), which was approved by EPA on October 1, 2007(72 FR 55659). The fourth element is met through Alabama’s RegionalHaze Implementation Plan, which was submitted July 15, 2008.As stated previously, concerning the third element, ADEM commits toensuring that PSD and Nonattainment NSR permits issued to majorsources in Alabama will be consistent with Alabama’s approved SIPregarding such permits. Accordingto EPA’s “Implementation of the NewSource Review (NSR) Program for PM2.5” published May 16, 2008,states with EPA approved PSD programs should continue to use theexisting interim approach of relying on PM10 as a surrogate for PM2.5until their revised SIPs are adopted. In nonattainment areas of the state,the ‘transitional’ NSR provisions (contained in Appendix S of 40 CFR 51)are to be applied until a revised SIP is adopted. ADEM is able toregulate sources of PM10 through ADEM Admin. Code rs. 335-3-14-.04“Prevention of Significant Deterioration in Permitting” and 335-3-14-.05“Air Permits Authorizing Constructionin or Near Nonattainment Areas”.§110(a)(2)(E)(i)provide(i) necessary assurancesthat the state (or, exceptwhere the Administrator deems inappropriate, thegeneral purpose local government or governments,or a regional agency designated by the state orgeneral purpose local governments for suchpurpose) 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 orstate law from carrying out such implementationplan or portion thereof);Legal authority is derived from Ala. Code §22-28-11 (2006 Rplc. Vol.),which authorizes the Departmentto adopt emission requirementsthrough regulation that are necessaryto prevent, abate, or control airpollution. The funding requirements are met through §105 grants andthrough the Title V fee process (ADEM Admin. Code r. 335-1-7-.04).Page2Section 110(a) element Summary of elementHow Addressed in Submittal§110(a)(2)(E)(ii)(ii) requirements that the state comply with therequirements respecting state boards under section128, andThis requirement is met through Ala.Code§22-22A-6(j) which ensuresthat the state comply with section 128 of the CAA§110(a)(2)(E)(iii)(iii) necessary assurances that, where the state hasrelied on a local or regional government, agency, orinstrumentality for the implementation of any planprovision, the state hasresponsibilityfor ensuringadequate implementation of such plan provision;Requirements dictating the roles of local or regional governments (localprograms) are derived from Ala.Code§22-28-23 (2006 Rplc. Vol.),which do not allow the local programs to be less strict than the AlabamaSIP/regulations and allows for oversight from the AlabamaEnvironmental Management Commission§110(a)(2)(F)require, as may be prescribed by theAdministrator—(i) the installation, maintenance, and replacementof equipment, and the implementation of othernecessary steps by owners or operators ofstationary sources to monitor emissions from suchsources,(ii) periodic reports on the nature and amounts ofemissions and emissions-related data from suchsources, and(iii) correlation of such reports by the state agencywith any emission limitations or standardsestablished pursuant to this Act, which reports shallbe available at reasonable times for publicinspection;These requirements are met through ADEM Admin. Code chap. 335-3-12 “Continuous Monitoring Requirements for Existing Sources”.§110(a)(2)(G)provide for authority comparable to that in section303 and adequate contingency plans to implementsuch authority;This requirement is met through ADEMAdmin. Code chap. 335-3-2, “AirPollution Emergency” for PM10. In a September 18, 2008, letter toEPA, ADEM certified that this requirement is met for PM 2.5.Page3Section 110(a) element Summary of elementHow Addressed in Submittal§110(a)(2)(H)provide for revision of such plan—(i) from time to time as may be necessary totake account of revisions of such national primaryor secondary ambient air quality standard or theavailability of improved or more expeditiousmethods of attaining such standard, and(iii) except as provided in paragraph (3)(C),whenever the Administrator finds on the basis ofinformation available to the Administrator that theplan is substantially inadequate to attain thenational ambient air quality standard which itimplements, or to otherwise comply with anyadditional requirements established under thisAct;These requirements are met through ADEM Admin. Code rs. 335-1-1-.03(1)(b) and 335-3-1-.03 “Ambient Air Quality Standards”§110(a)(2)(I)in the case of a plan or plan revision for an areadesignated as a nonattainment area, meet theapplicable requirements of part D (relating tononattainment areas);ADEM submitted an attainment plan for the Birmingham PM2.5nonattainment area on May 13, 2009. Further, ADEM is currentlyworking with Chattanooga, TN and Georgia to develop a PM 2.5attainment plan for Jackson County,AL. In regards to Section 176(c),Alabama has an approved conformity SIP§110(a)(2)(J)(§ 121 consultation)meet the applicable requirements of section 121(relating to consultation), ...This requirement is met through provisions in separate implementationplans, such as the Regional HazeImplementation Plan, which providefor continued consultation with governmentofficials. This requirement isalso met through the interagency consultation process as directed byAlabama’s approved Conformity SIP and 40 CFR 93.112.§110(a)(2)(J)(Section 127 publicnotification)meet the applicable requirements of section 7427 ofthis title,This requirement is met through ADEM Admin. Code rs. 335-3-2 “AirPollution Emergency”, 335-3-14-.01(7) “Public Participation”, and 335-3-14-.05(13) “Public Participation”. Further, ADEM has several publicnotice mechanisms in place to notify the public of PM and other pollutantforecasting. These mechanisms include issuing daily air qualityforecasts for both Ozone and PM2.5. Ozone forecasts are issued forthree areas of the state: Birmingham (Jefferson and Shelby Counties),Huntsville (Madison and Morgan Counties) and Mobile (Mobile andBaldwin Counties). In addition, PM2.5 forecasts are issued for the twoareas: Huntsville and Phenix City/Columbus, GA.Air Quality forecasts are designed to help areas achieve and maintainPage4Section 110(a) element Summary of elementHow Addressed in Submittalcompliance with the National Ambient Air Quality Standards (NAAQS)and to also allow citizens to make informed decisions about their dailyoutdoor activities. The forecasts are provided to the public in severalways. First, the forecast is posted to the EPA Airnow website, andthrough Enviroflash individuals can sign up to receive customizedforecasts through email. Additionally, the forecast is posted on ADEM’swebsite for the public to view. When air quality is expected to be poor,an Air Quality Alert is issued for a city and the local National WeatherService office is alerted and the forecast is posted on their website.Additionally, for some cities like Birmingham, the county planningorganizations are alerted and the forecast is distributed to the media,and other interested groups.§110(a)(2)(J)(PSD)meet the applicable requirements of ... part C(relating to prevention of significant deterioration ofair quality and visibility protection);This requirement is met through ADEM Admin. Code chap. 335-3-14 “AirPermits” and through the Alabama Regional Haze Implementation Plan,which was submitted July 15, 2008.§110(a)(2)(K)provide for:(i) the performance of such air quality modeling asthe Administrator may prescribe for the purpose ofpredicting the effect on ambient air quality of anyemissions of any air pollutant for which theAdministrator has established a national ambient airquality standard, and(ii) the submission, upon request, of data relatedto such air quality modeling to the Administrator;This requirement is met through ADEM Admin. Code rs. 335-3-1-.04“Monitoring, Records, and Reporting”and 335-3-14-.04 “Prevention ofSignificant Deterioration Permitting”, specifically paragraph (11) “AirQuality Models”.§110(a)(2)(L)require the owner or operator of each majorstationary source to pay to the permitting authority,as a condition of any permit required under this Act,a fee sufficient to cover—(i) the reasonable costs of reviewing and actingupon any application for such a permit, and(ii) if the owner or operator receives a permit forsuch source, the reasonable costs of implementingand enforcing the terms and conditions of any suchThis requirement is met through ADEM Admin. Code chap. 335-1-7 “AirDivision Operating Permit Fees”,which are State regulations notapproved in the Federal SIP.Page5Page6Section 110(a) element Summary of elementHow Addressed in Submittalpermit (not including any court costs or other costsassociated with any enforcement action), until suchfee requirement is superseded with respect to suchsources by the Administrator's approval of a feeprogram under title V;§110(a)(2)(M)provide for consultation and participation by localpolitical subdivisions affected by the plan.This requirement is met through ADEM Admin. Code rs. 335-3-17-.01“Transportation Conformity”. Thisrequirement is also met through theinteragency consultation process as directed by Alabama’s approvedConformity SIP and 40 CFR 93.112.