Confirmation of 110(a)(2)(A)-(M) PM NAAQS Requirements in the Current Alabama 

Section 110(a) element Summary of element How Addressed in Submittal §110(a)(2)(A) include enforceable emission limitations and other 

control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act.

These requirements are met through ADEM Adm.03 “Ambient Air Quality Standards”, 335-3-1-.05 Methods”, 335-3-1-.06 “Compliance Schedule”, “Standards for Granting Permits”. Further, the fo

stack height: 335-3-14-.03(2)(d) & (e), 335-3-1516-.02(10)(d) & (e). 

§110(a)(2)(B) provide for establishment and operation of 

appropriate devices, methods, systems, and procedures necessary to- 

(i) monitor, compile, and analyze data on 

ambient air quality, and 

(ii) upon request, make such data available 

to the Administrator; 

These requirements are met through ADEM Adm.04 “Monitoring, Records, and Reporting” and 33and Testing Methods”. Further, our 2008 netwoapproved by EPA on October 27, 2008, and ADDecember 22, 2008. 

§110(a)(2)(C) include a program to provide for the enforcement of 

the measures described in subparagraph (A) and 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; 

ADEM commits to ensuring that PSD and Nonatissued to major sources in Alabama will be consapproved SIP regarding such permits. Accordin“Implementation of the New Source Review (NSpublished May 16, 2008, states with EPA approvshould continue to use the existing interim approas a surrogate for PM2.5 until their revised SIPs nonattainment areas of the state, the ‘transitiona(contained in Appendix S of 40 CFR 51) are to bSIP is adopted. ADEM is able to regulate sourcADEM Admin. Code rs. 335-3-14-.04 “PreventioDeterioration in Permitting” and 335-3-14-.05 “A

Construction in or Near Nonattainment Areas”. 

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

§110(a)(2)(D) contain adequate provisions— 

 (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will--  (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or  (II) 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); 

The first and second elements are met through AInterstate Rule (CAIR), which was approved by (72 FR 55659). The fourth element is met throuHaze Implementation Plan, which was submitted As stated previously, concerning the third elemeensuring that PSD and Nonattainment NSR permsources in Alabama will be consistent with Alabaregarding such permits. According to EPA’s “ImSource Review (NSR) Program for PM2.5” publstates with EPA approved PSD programs should existing interim approach of relying on PM10 as until their revised SIPs are adopted. In nonattainthe ‘transitional’ NSR provisions (contained in Aare to be applied until a revised SIP is adopted. regulate sources of PM10 through ADEM Admin“Prevention of Significant Deterioration in Permi“Air Permits Authorizing Construction in or Near 

§110(a)(2)(E)(i) provide 

 (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or 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); 

Legal authority is derived from Ala. Code §22-28which authorizes the Department to adopt emissthrough regulation that are necessary to preventpollution. The funding requirements are met thrthrough the Title V fee process (ADEM Admin. C

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§110(a)(2)(E)(ii) (ii) requirements that the state comply with the 

requirements respecting state boards under section 128, and 

This requirement is met through Ala.Code§22-22

that the state comply with section 128 of the CA

§110(a)(2)(E)(iii) (iii) necessary assurances that, where the state has 

relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring 

adequate implementation of such plan provision; 

Requirements dictating the roles of local or regioprograms) are derived from Ala. Code §22-28-2

which do not allow the local programs to be less SIP/regulations and allows for oversight from the Environmental Management Commission 

§110(a)(2)(F) require, as may be prescribed by the 

Administrator—  (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; 

These requirements are met through ADEM Adm12 “Continuous Monitoring Requirements for Ex

§110(a)(2)(G) provide for authority comparable to that in section 

303 and adequate contingency plans to implement such authority; 

This requirement is met through ADEM Admin. CPollution Emergency” for PM10. In a SeptembeEPA, ADEM certified that this requirement is me

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§110(a)(2)(H) provide for revision of such plan— 

 (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the 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; 

These requirements are met through ADEM Adm.03(1)(b) and 335-3-1-.03 “Ambient Air Quality S

§110(a)(2)(I) in the case of a plan or plan revision for an area 

designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas); 

ADEM submitted an attainment plan for the Birm

nonattainment area on May 13, 2009. Further, Aworking with Chattanooga, TN and Georgia to dattainment plan for Jackson County, AL. In regaAlabama 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 seplans, such as the Regional Haze Implementatiofor continued consultation with government offic

also met through the interagency consultation pAlabama’s approved Conformity SIP and 40 CF

§110(a)(2)(J) (Section 127 public notification)

meet the applicable requirements of section 7427 of this title,

This requirement is met through ADEM Admin. CPollution Emergency”, 335-3-14-.01(7) “Public P14-.05(13) “Public Participation”. Further, ADEM notice mechanisms in place to notify the public oforecasting. These mechanisms include issuing forecasts for both Ozone and PM2.5. Ozone forthree areas of the state: Birmingham (Jefferson Huntsville (Madison and Morgan Counties) and Baldwin Counties). In addition, PM2.5 forecasts areas: Huntsville and Phenix City/Columbus, GAAir Quality forecasts are designed to help areas 

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

compliance with the National Ambient Air Qualitand to also allow citizens to make informed decioutdoor activities. The forecasts are provided to ways. First, the forecast is posted to the EPA Athrough Enviroflash individuals can sign up to reforecasts through email. Additionally, the forecawebsite for the public to view. When air quality an Air Quality Alert is issued for a city and the loService office is alerted and the forecast is posteAdditionally, for some cities like Birmingham, the organizations are alerted and the forecast is distand other interested groups. 

§110(a)(2)(J) (PSD)

meet the applicable requirements of ... part C (relating to prevention of significant deterioration of air quality and visibility protection); 

This requirement is met through ADEM Admin. CPermits” and through the Alabama Regional Hazwhich was submitted July 15, 2008. 

§110(a)(2)(K) provide for: 

 (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any 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 modeling to the Administrator; 

This requirement is met through ADEM Admin. C“Monitoring, Records, and Reporting” and 335-3

Significant Deterioration Permitting”, specifically Quality Models”. 

§110(a)(2)(L) require the owner or operator of each major 

stationary 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 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 

This requirement is met through ADEM Admin. CDivision Operating Permit Fees”, which are Statapproved in the Federal SIP. 

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

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 program under title V; 

§110(a)(2)(M) provide for consultation and participation by local 

political subdivisions affected by the plan.

This requirement is met through ADEM Admin. C“Transportation Conformity”. This requirement iinteragency consultation process as directed by Conformity SIP and 40 CFR 93.112.