35610 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 

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, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

Dated: June 28, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

For the reason stated in the preamble, 

the EPA amends 40 CFR parts 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(e) is amended by 

adding four new entries for ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 1997 8-Hour Ozone National 

Ambient Air Quality Standards,’’ 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 1997 Annual Fine 

Particulate Matter National Ambient Air 

Quality Standards,’’ ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2006 

24-hour Fine Particulate Matter National 

Ambient Air Quality Standards,’’ and 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2008 8-Hour 

Ozone National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA 

approval 

date 

Federal Register 

notice Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards.8/26/2020 7/7/2021 [Insert citation of 

publication].

Approving SIP submission for sections 

110(a)(2)(C) & 110(a)(2)(J) as it relates 

to GHG PSD permitting requirements. 

110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual Fine Particulate Matter National Ambient Air Quality 

Standards.

8/26/2020 7/7/2021 [Insert citation of 

publication].

Approving SIP submission for prong 3 of 

section 110(a)(2)(D)(i) as it relates to 

GHG PSD permitting requirements. 

110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour Fine Particulate Matter National Ambient Air Quality 

Standards.

8/26/2020 7/7/2021 [Insert citation of 

publication].

Approving SIP submission for prong 3 of 

section 110(a)(2)(D)(i) as it relates to 

GHG PSD permitting requirements. 

110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards.8/26/2020 7/7/2021 [Insert citation of 

publication].

Approving SIP submission for section 

110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), 

and 110(a)(2)(J) as it relates to the regulation of GHG emissions. 

§ 52.522 [Amended] 

■ 3. Section 52.522 is amended by 

removing and reserving paragraph (b). 

§ 52.523 [Removed and Reserved] 

■ 4. Remove and reserve § 52.523. 

[FR Doc. 2021–14176 Filed 7–6–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0129; FRL–10025– 

80-Region 4] 

Air Plan Approval; AL; NOX SIP Call 

and Removal of CAIR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

Alabama through a letter dated February 

27, 2020, to add regulations maintaining 

compliance with the State’s nitrogen 

oxides (NOX) SIP Call obligations for 

large non-electricity generating units 

(non-EGUs), to repeal the State’s 

previously sunsetted NOX Budget 

Trading Program regulations, and to 

repeal the State’s Clean Air Interstate 

Rule (CAIR) regulations. EPA is also 

conditionally approving into the SIP 

state regulations that establish 

monitoring and reporting requirements 

for units subject to the NOX SIP Call, 

including alternative monitoring 

options for certain sources for NOX SIP 

Call purposes. In addition, EPA is 

making ministerial changes to reflect the 

State’s renumbering of an existing 

regulation for ‘‘New Combustion 

Sources.’’ 

DATES: This rule is effective August 6, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0129. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 


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1See 63 FR 57356 (October 27, 1998). 

2As originally promulgated, the NOX SIP Call 

also addressed good neighbor obligations under the 

1997 8-hour ozone NAAQS, but EPA subsequently 

stayed and later rescinded the rule’s provisions 

with respect to that standard. See 65 FR 56245 

(September 18, 2000); 84 FR 8422 (March 8, 2019). 

3CAIR had separate trading programs for annual 

sulfur dioxide (SO2) emissions, seasonal NOX

emissions, and annual NOX emissions. 4See 79 FR 71663 (December 3, 2014). 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Steven Scofield, 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– 

9034. Mr. Scofield can also be reached 

via electronic mail at scofield.steve@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

Under Clean Air Act (CAA or Act) 

section 110(a)(2)(D)(i)(I), also called the 

good neighbor provision, states are 

required to address the interstate 

transport of air pollution. Specifically, 

the good neighbor provision requires 

that each state’s implementation plan 

contain adequate provisions to prohibit 

air pollutant emissions from within the 

state that will significantly contribute to 

nonattainment of the national ambient 

air quality standards (NAAQS), or that 

will interfere with maintenance of the 

NAAQS, in any other state. 

In October 1998 (63 FR 57356), EPA 

finalized the ‘‘Finding of Significant 

Contribution and Rulemaking for 

Certain States in the Ozone Transport 

Assessment Group Region for Purposes 

of Reducing Regional Transport of 

Ozone’’ (NOX SIP Call). The NOX SIP 

Call required eastern states, including 

Alabama, to submit SIPs that prohibit 

excessive emissions of ozone season 

NOX by implementing statewide 

emissions budgets.1 The NOX SIP Call 

addressed the good neighbor provision 

for the 1979 ozone NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions, one of the 

precursors of ozone.2 EPA developed 

the NOX Budget Trading Program, an 

allowance trading program that states 

could adopt to meet their obligations 

under the NOX SIP Call. This trading 

program allowed the following sources 

to participate in a regional cap and trade 

program: Generally EGUs with capacity 

greater than 25 megawatts (MW); and 

large industrial non-EGUs, such as 

boilers and combustion turbines, with a 

rated heat input greater than 250 million 

British thermal units per hour (MMBtu/ 

hr). The NOX SIP Call also identified 

potential reductions from cement kilns 

and stationary internal combustion 

engines. 

To comply with the NOX SIP Call 

requirements, in 2001, the Alabama 

Department of Environmental 

Management (ADEM) submitted a 

revision to add new rule sections to the 

SIP-approved version of Alabama 

Administrative Code Chapter 335–3–1, 

General Provisions, and Chapter 335–3– 

8, Control of Nitrogen Oxides 

Emissions. EPA approved the revision 

as compliant with Phase I of the NOX

SIP Call in 2001. See 66 FR 36919 (July 

16, 2001). The approved revision 

required EGUs and large non-EGUs in 

the State to participate in the NOX

Budget Trading Program beginning in 

2004. In 2005, Alabama submitted, and 

EPA approved, a SIP revision to address 

additional emissions reductions 

required for the NOX SIP Call under 

Phase II. See 70 FR 76694 (December. 

28, 2005). 

In 2005, EPA published CAIR, which 

required several eastern states, 

including Alabama, to submit SIPs that 

prohibited emissions consistent with 

revised ozone season (and annual) NOX

budgets. See 70 FR 25162 (May 12, 

2005); see also 71 FR 25328 (April 28, 

2006). CAIR addressed the good 

neighbor provision for the 1997 ozone 

NAAQS and 1997 fine particulate 

matter (PM2.5) NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions with respect 

to ozone and PM2.5. CAIR established 

several trading programs that EPA 

implemented through federal 

implementation plans (FIPs) for EGUs 

greater than 25 MW in each affected 

state, but not large non-EGUs; states 

could submit SIPs to replace the FIPs 

that achieved the required emission 

reductions from EGUs and/or other 

types of sources.3 When the CAIR 

trading program for ozone season NOX

was implemented beginning in 2009, 

EPA discontinued administration of the 

NOX Budget Trading Program; however, 

the requirements of the NOX SIP Call 

continued to apply. 

On October 1, 2007 (72 FR 55659), 

EPA approved changes to Alabama’s SIP 

that incorporated requirements for 

CAIR. Consistent with CAIR’s 

requirements, EPA approved a SIP 

revision in which Alabama regulations: 

(1) Sunset its NOX Budget Trading 

Program requirements, and (2) 

incorporated CAIR annual and ozone 

season NOX state trading programs. See 

72 FR 55659. Participation of EGUs in 

the CAIR ozone season NOX trading 

program addressed the State’s obligation 

under the NOX SIP Call for those units, 

and Alabama also chose to require nonEGUs subject to the NOX SIP Call to 

participate in the same CAIR trading 

program. In this manner, Alabama’s 

CAIR rules incorporated into the SIP 

addressed the State’s obligations under 

the NOX SIP Call with respect to both 

EGUs and non-EGUs. 

The United States Court of Appeals 

for the District of Columbia Circuit (D.C. 

Circuit) initially vacated CAIR in 2008, 

but ultimately remanded the rule to EPA 

without vacatur to preserve the 

environmental benefits provided by 

CAIR. See North Carolina v. EPA, 531 

F.3d 896, modified on rehearing, 550 

F.3d 1176 (D.C. Cir. 2008). The ruling 

allowed CAIR to remain in effect 

temporarily until a replacement rule 

consistent with the court’s opinion was 

developed. While EPA worked on 

developing a replacement rule, the CAIR 

program continued to be implemented 

with the NOX annual and ozone season 

trading programs beginning in 2009 and 

the SO2 annual trading program 

beginning in 2010. 

Following the D.C. Circuit’s remand 

of CAIR, EPA promulgated the CrossState Air Pollution Rule (CSAPR) to 

replace CAIR and address good neighbor 

obligations for the 1997 ozone NAAQS, 

the 1997 PM2.5 NAAQS, and the 2006 

PM2.5 NAAQS. See 76 FR 48208 (August 

8, 2011). Through FIPs, CSAPR required 

EGUs in eastern states, including 

Alabama, to meet annual and ozone 

season NOX emission budgets and 

annual SO2 emission budgets 

implemented through new trading 

programs. Implementation of CSAPR 

began on January 1, 2015.4 CSAPR also 

contained provisions that would sunset 

CAIR-related obligations on a schedule 

coordinated with the implementation of 

the CSAPR compliance requirements. 

Participation by a state’s EGUs in the 

CSAPR trading program for ozone 

season NOX generally addressed the 

state’s obligation under the NOx SIP 

Call for EGUs. CSAPR did not initially 

contain provisions allowing states to 

incorporate large non-EGUs into that 

trading program to meet the 

requirements of the NOX SIP Call for 

non-EGUs. EPA also stopped 


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5See 79 FR 71663 (December 3, 2014) and 81 FR 

13275 (March 14, 2016). 

6 In the 2016 action, EPA did not act on the 

portion of Alabama’s SIP submittal intended to 

replace Alabama units’ obligations to participate in 

CSAPR’s federal trading program for ozone-season 

NOx emissions. 

7Although CAIR-related regulations were 

repealed from ADEM Administrative Code on 

December 11, 2011, the repeal of the regulations 

was not effective until February 20, 2015. EPA is 

now proposing to remove the repealed regulations 

from the SIP. 

8This action approved CSAPR and CSAPR 

Update-related provisions of Alabama SIP 

submissions dated October 26, 2015, and May 19, 

2017. 

9See ‘‘Emissions Monitoring Provisions in State 

Implementation Plans Required Under the NOX SIP 

Call,’’ 84 FR 8422 (March 8, 2019). 

administering CAIR trading programs 

with respect to emissions occurring after 

December 31, 2014.5

To comply with CSAPR, Alabama 

adopted SO2 and NOX CSAPR trading 

program rules, including budgets, in 

ADEM Administrative Code Chapters 

335–3–5 and 335–3–8. On August 31, 

2016, EPA approved Alabama’s CSAPR 

annual SO2 and annual NOX trading 

program rules into the SIP.6 See 81 FR 

59869. Because EPA stopped 

administering the CAIR trading 

programs after 2014, the approved CAIR 

rules in the State’s SIP have not been 

implemented for several years. 

Furthermore, ADEM repealed all CAIR 

and CAIR-related regulations from 

Alabama Administrative Code Chapters 

335–3–1, 335–3–5, and 335–3–8 on 

December 9, 2011.7 Even though the 

CAIR programs were not being 

implemented in Alabama, ozone season 

NOx emissions have remained well 

below the NOX SIP Call budget levels. 

After litigation that reached the 

Supreme Court, the D.C. Circuit 

generally upheld CSAPR but remanded 

several state budgets to EPA for 

reconsideration. EME Homer City 

Generation, L.P. v. EPA, 795 F.3d 118, 

129–30 (D.C. Cir. 2015). EPA addressed 

the remanded ozone season NOX

budgets in the Cross-State Air Pollution 

Rule Update for the 2008 Ozone 

NAAQS (CSAPR Update), which also 

partially addressed eastern states’ good 

neighbor obligations for the 2008 ozone 

NAAQS. See 81 FR 74504 (October 26, 

2016). The air quality modeling for the 

CSAPR Update demonstrated that 

Alabama contributes significantly to 

nonattainment and/or interferes with 

maintenance of the 2008 ozone NAAQS 

in other states. The CSAPR Update 

reestablished an option for most states 

to meet their ongoing obligations for 

non-EGUs under the NOX SIP Call by 

including the units in the CSAPR 

Update trading program. 

The CSAPR Update trading program 

replaced the original CSAPR trading 

program for ozone season NOX for most 

covered states. On October 6, 2017, EPA 

approved Alabama’s CSAPR Update 

ozone season NOX trading program rules 

for EGUs into the State’s SIP.8 See 82 FR 

46674. Alabama’s EGUs participate in 

the CSAPR Update trading program, 

generally also addressing the state’s 

obligations under the NOX SIP Call for 

EGUs. However, Alabama elected not to 

include its large non-EGUs in the 

CSAPR Update ozone season trading 

program. Because Alabama’s large nonEGUs no longer participate in any 

CSAPR or CSAPR Update trading 

program for ozone season NOx 

emissions, the NOX SIP Call regulations 

at 40 CFR 51.121(r)(2) as well as antibacksliding provisions at 40 CFR 

51.905(f) and 40 CFR 51.1105(e) require 

these non-EGUs to maintain compliance 

with NOX SIP Call requirements in some 

other way. 

Under 40 CFR 51.121(f)(2) of the NOx 

SIP Call regulations, where a State’s SIP 

contains control measures for EGUs and 

large non-EGU boilers and combustion 

turbines, the SIP must contain 

enforceable limits on the ozone season 

NOx mass emissions from these sources. 

In addition, under 40 CFR 51.121(i)(4) 

of the NOx SIP Call regulations as 

originally promulgated, the SIP also had 

to require these sources to monitor 

emissions according to the provisions of 

40 CFR part 75, which generally entails 

the use of continuous emission 

monitoring systems (CEMS). Alabama 

triggered these requirements by 

including control measures in its SIP for 

these types of sources, and the 

requirements have remained in effect 

despite the discontinuation of the NOX

Budget Trading Program after the 2008 

ozone season. On March 8, 2019, EPA 

revised some of the regulations that 

were originally promulgated in 1998 to 

implement the NOX SIP Call.9 The 

revision gave states covered by the NOX

SIP Call greater flexibility concerning 

the form of the NOx emissions 

monitoring requirements that the states 

must include in their SIPs for certain 

emissions sources. The revision 

amended 40 CFR 51.121(i)(4) to make 

Part 75 monitoring, recordkeeping, and 

reporting optional, such that SIPs may 

establish alternative monitoring 

requirements for SIP Call budget units 

that meet the general requirements of 40 

CFR 51.121(f)(1) and (i)(1). Under the 

updated provision, a state’s 

implementation plan still needs to 

include some form of emissions 

monitoring requirements for these types 

of sources, consistent with the NOX SIP 

Call’s general enforceability and 

monitoring requirements at 

§§ 51.121(f)(1) and (i)(1), respectively, 

but states are no longer be required to 

satisfy these general NOX SIP Call 

requirements specifically through the 

adoption of 40 CFR part 75 monitoring 

requirements. 

After evaluating the various options 

available following EPA’s March 8, 

2019, revision to the NOX SIP Call 

requirements, ADEM revised its 

regulations to address NOX SIP Call 

requirements and adopt alternative 

monitoring options for certain large 

non-EGUs. The changes require large 

non-EGUs in the State to address the 

NOX SIP Call’s requirements for 

enforceable limits on ozone season NOX

mass emissions in a manner that does 

not rely on the administration of an 

interstate trading program. In addition, 

Alabama had previously revised its 

regulations to remove NOX Budget 

Trading Program and CAIR trading 

program provisions after EPA stopped 

administering those programs. Alabama 

also revised its regulations nonsubstantively to renumber the regulation 

titled, ‘‘New Combustion Sources’’ from 

Rule 335–3–8–.14 to Rule 335–3–8–.05. 

The February 27, 2020, SIP revision 

submitted by ADEM requests approval 

into the SIP of all of these rule changes. 

For a comprehensive discussion of 

EPA’s analysis and rationale for 

approval of the State’s submittal, please 

refer to EPA’s March 3, 2021, notice of 

proposed rulemaking. See 86 FR 12305 

(March 3, 2021). EPA received no 

comments on the proposed approval of 

Alabama’s SIP. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Alabama Administrative 

Code Rule 335–3–8–.71, ‘‘NOX Budget 

Program,’’ which reestablishes 

enforceable limits on ozone season NOX

mass emission for certain units as 

required by EPA’s NOX SIP Call 

regulations, and conditionally 

approving Rule 335–3–8–.72, ‘‘NOX

Budget Program Monitoring and 

Reporting,’’ which establishes 

alternative emission monitoring 

requirements for the units, both state 

effective on April 13, 2020. Further, 

EPA is approving the renumbering of 

Rule 335–3–8–.14, ‘‘New Combustion 

Sources’’ to 335–3–8–.05, ‘‘New 

Combustion Sources,’’ state effective 

January 16, 2012. Also in this 

document, EPA is finalizing the removal 

of provisions from the Alabama State 


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10Rule 335–3–1–.16 was originally approved into 

the Alabama SIP on March 26, 2009 (74 FR 13118). 

However, inadvertently, Rule 335–3–1–.16 was 

never added to the table of EPA-Approved Alabama 

Regulations found at 40 CFR 52.50(c). In effect, 

there is no need to remove an entry for this Section 

from the table of EPA-Approved Alabama 

Regulations because EPA is now approving the 

removal of this Rule from the Alabama SIP and an 

approval entry was never included. 

11See 62 FR 27968 (May 22, 1997). 

Implementation Plan regarding the 

State’s NOX Budget Trading Program 

and CAIR trading program regulations at 

Rules 335–3–1–.14, 335–3–1–.16,10

335–3–5–.06 through 335–3–5–.08, 335– 

3–5–.11 through 335–3–5–.14, 335–3–8– 

.05 through 335–3–8–.13, 335–3–8–.16 

through 335–3–8–.18, 335–3–8–.20, 

335–3–8–.21, 335–3–8–.23 through 335– 

3–8–.27, 335–3–8–.29, 335–3–8–.30, 

335–3–8–.32, and 335–3–8–.33, which 

were incorporated by reference in 

accordance with the requirements of 1 

CFR part 51. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, the revised materials as 

stated above, have been approved by 

EPA for inclusion in the State 

implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.11

III. Final Action 

EPA is taking final action to approve 

revisions to Alabama’s SIP, which the 

State submitted to EPA on February 27, 

2020, regarding the NOX Budget 

Program. EPA has determined that these 

portions of Alabama’s SIP meet the 

applicable requirements of sections 110 

and 172 of the CAA and applicable 

regulatory requirements at 40 CFR part 

51. In addition, EPA is conditionally 

approving certain revisions, as 

described above, regarding the NOX

Budget Program’s monitoring and 

reporting requirements, per Alabama’s 

commitment through a letter dated 

September 15, 2020. 

IV. 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 approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 

• 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 7, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: June 28, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.49 is added to read as 

follows: 

§ 52.49 Conditional approval. 

EPA conditionally approved Rule 

335–3–8–.72, NOX Budget Program 

Monitoring and Reporting, submitted by 

Alabama on February 27, 2020, into the 

Alabama SIP on July 7, 2021. This 

conditional approval is based on 

Alabama’s September 15, 2020, 

commitment to the EPA to correct, 

within one year of the conditional 


khammond on DSKJM1Z7X2PROD with RULES
35614 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 

approval, the stack testing requirement, 

which was added to Rule 335–3–8– 

.72(1)(c) in error. If Alabama fails to 

meet its commitment by July 7, 2022, 

the conditional approval will become a 

disapproval on July 7, 2022 and EPA 

will issue a notification to that effect. 

■ 3. Section 52.50 is amended in the 

table in paragraph (c) by: 

■ a. Removing the entries for Sections— 

■ i. 335–3–1–.14, titled ‘‘Emissions 

Reporting Requirements Relating to 

Budgets for NOX Emissions’’; 

■ ii. 335–3–5–.06, titled ‘‘State Clean 

Air Interstate Rule (CAIR) SO2 Trading 

Program General Provisions’’; 

■ iii. 335–3–5–.07, titled ‘‘CAIR 

Designated Representative for CAIR SO2

Sources’’; 

■ iv. 335–3–5–.08, titled ‘‘Permits’’; 

■ v. 335–3–5–.11, titled ‘‘CAIR SO2

Allowance Tracking System’’; 

■ vi. 335–3–5–.12, titled ‘‘CAIR SO2

Allowance Transfers’’; 

■ vii. 335–3–5–.13, titled ‘‘Monitoring 

and Reporting’’; 

■ viii. 335–3–5–.14, titled ‘‘CAIR SO2

Opt-In Units’’; 

■ ix. 335–3–8–.05, titled ‘‘NOX Budget 

Trading Program’’; 

■ x. 335–3–8–.06, titled ‘‘Authorized 

Account Representative for NOX Budget 

Sources’’; 

■ xi. 335–3–8–.07, titled ‘‘Permits’’; 

■ xii. 335–3–8–.08, titled ‘‘Compliance 

Certification’’; 

■ xiii. 335–3–8–.09, titled ‘‘NOX

Allowance Allocations’’; 

■ xiv. 335–3–8–.10, titled ‘‘NOX

Allowance Tracking System’’; 

■ xv. 335–3–8–.11, titled ‘‘NOX

Allowance Transfers’’; 

■ xvi. 335–3–8–.12, titled ‘‘Monitoring 

and Reporting’’; 

■ xvii. 335–3–8–.13, titled ‘‘Individual 

Unit Opt-ins’’; 

■ xviii. 335–3–8–.14, titled ‘‘New 

Combustion Sources’’; 

■ xix. 335–3–8–.16, titled ‘‘CAIR NOX

Annual Budget Trading Program’’; 

■ xx. 335–3–8–.17, titled ‘‘CAIR 

Designated Representative for CAIR 

NOX Sources’’; 

■ xxi. 335–3–8–.18, titled ‘‘CAIR 

Permits’’; 

■ xxii. 335–3–8–.20, titled ‘‘CAIR NOX

Allowance Allocations’’; 

■ xxiii. 335–3–8–.21, titled ‘‘CAIR NOX

Allowance Tracking System’’; 

■ xxiv. 335–3–8–.23, titled ‘‘CAIR 

Monitoring and Reporting’’; 

■ xxv. 335–3–8–.24, titled ‘‘CAIR NOX

Opt-in Units’’; 

■ xxvi. 335–3–8–.25, titled ‘‘CAIR NOX

Ozone Season Trading Program’’; 

■ xxvii. 335–3–8–.26, titled ‘‘CAIR 

Designated Representative for CAIR 

NOX Ozone Season Sources’’; 

■ xxviii. 335–3–8–.27, titled ‘‘CAIR NOX

Ozone Season Permits’’; 

■ xxix. 335–3–8–.29, titled ‘‘CAIR NOX

Ozone Season Allowance Allocations’’; 

■ xxx. 335–3–8–.30, titled ‘‘CAIR NOX

Ozone Season Allowance Tracking 

System’’; 

■ xxxi. 335–3–8–.32, titled ‘‘CAIR NOX

Ozone Season Monitoring and 

Reporting’’; and 

■ xxxii. 335–3–8–.33, titled ‘‘CAIR NOX

Ozone Season Opt-in Units’’; 

■ b. Adding entries for Sections— 

■ i. 335–3–8–.05, titled ‘‘New 

Combustion Sources’’; 

■ ii. 335–3–8–.71, titled ‘‘NOx Budget 

Program’’; and 

■ iii. 335–3–8–.72, titled ‘‘NOX Budget 

Program Monitoring and Reporting’’; 

■ c. Revising the entries for Sections— 

■ i. 335–3–5–.06 through 335–3–5.08; 

■ ii. 335–3–5–.11 through 335–3–5.14; 

■ iii. 335–3–8–.07 through 335–3–8.14; 

■ iv. 335–3–8–.16 through 335–3–8.18; 

■ v. 335–3–8–.20 and 335–3–8–.21; 

■ vi. 335–3–8–.23 through 335–3–8.27; 

■ vii. 335–3–8–.29 and 335–3–8–.30; 

and 

■ d. Removing ‘‘Both sections of 335–3– 

8–.33 are included in the approved 

SIP.’’ in the ‘‘Explanation’’ column in 

the entry for Section 335–3–8–.33. 

The revisions and additions read as 

follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

EPA-APPROVED ALABAMA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Chapter No. 335–3–5 Control of Sulfur Compound Emissions 

*******

Section 335–3–5–.06 ..... TR SO2 Trading Program—Purpose and Definitions 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–5–.07 ..... TR SO2 Trading Program—Applicability .................. 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–5–.08 ..... TR SO2 Trading Program—Retired Unit Exemption 11/24/2015 8/31/2016, 81 FR 59869.

* * * * * * * 

Section 335–3–5–.11 ..... Administrative Appeal Procedures ........................... 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–5–.12 ..... SO2 Trading Budgets and Variability Limits ............. 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–5–.13 ..... TR SO2 Allowance Allocations ................................. 12/7/2018 3/12/2020, 85 FR 14418.

Section 335–3–5–.14 ..... Authorization of Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016, 81 FR 59869.

* * * * * * * 

Chapter No. 335–3–8 Control of Nitrogen Oxides Emissions 

*******

Section 335–3–8–.05 ..... New Combustion Sources ........................................ 1/16/2012 7/7/2021, [Insert citation of 

publication].

* * * * * * * 

Section 335–3–8–.07 ..... TR NOX Annual Trading Program—Purpose and 

Definitions.

11/24/2015 8/31/2016, 81 FR 59869.


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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 35615 

EPA-APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Section 335–3–8–.08 ..... TR NOX Annual Trading Program—Applicability ..... 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.09 ..... TR NOX Annual Trading Program—Retired Unit Exemption.11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.10 ..... TR NOX Annual Trading Program—Standard Requirements.11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.11 ..... TR NOX Annual Trading Program—Computation of 

Time.

11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.12 ..... Administrative Appeal Procedures ........................... 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.13 ..... NOX Annual Trading Budgets and Variability Limits 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.14 ..... TR NOX Annual Allowance Allocations .................... 12/7/2018 3/12/2020, 85 FR 14418.

Section 335–3–8–.16 ..... Authorization of Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.17 ..... Responsibilities of Designated Representative and 

Alternate Designated Representative.

11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.18 ..... Changing Designated Representative and Alternate 

Designated Representative; Changes in Owners 

and Operators; Changes in Units at the Source.

11/24/2015 8/31/2016, 81 FR 59869.

* * * * * * * 

Section 335–3–8–.20 ..... Objections Concerning Designated Representative 

and Alternate Designated Representative.

11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.21 ..... Delegation by Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.23 ..... Establishment of Compliance Accounts, Assurance 

Accounts, and General Accounts.

11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.24 ..... Recordation of TR NOX Annual Allowance Allocations and Auction Results.11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.25 ..... Submission of TR NOX Annual Allowance Transfers 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.26 ..... Recordation of TR NOX Annual Allowance Transfers.11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.27 ..... Compliance with TR NOX Annual Emissions Limitation.11/24/2015 8/31/2016, 81 FR 59869.

* * * * * * * 

Section 335–3–8–.29 ..... Banking ..................................................................... 11/24/2015 8/31/2016, 81 FR 59869.

Section 335–3–8–.30 ..... Account Error ............................................................ 11/24/2015 8/31/2016, 81 FR 59869.

* * * * * * * 

Section 335–3–8–.33 ..... General Monitoring, Recordkeeping, and Reporting 

Requirements.

11/24/2015 8/31/2016, 81 FR 59869.

* * * * * * * 

Section 335–3–8–.71 ..... NOX Budget Program ............................................... 4/13/2020 7/7/2021, [Insert citation of 

publication].

Section 335–3–8–.72 ..... NOX Budget Program Monitoring and Reporting ..... 4/13/2020 7/7/2021, [Insert citation of 

publication].

Conditionally 

approved. 

* * * * * 

[FR Doc. 2021–14180 Filed 7–6–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 600 

[CMS–2438–FN] 

RIN 0938–ZB64 

Basic Health Program; Federal 

Funding Methodology for Program 

Year 2022 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final methodology. 

SUMMARY: This document finalizes the 

methodology and data sources necessary 

to determine federal payment amounts 

to be made for program year 2022 to 

states that elect to establish a Basic 

Health Program under the Patient 

Protection and Affordable Care Act to 

offer health benefits coverage to lowincome individuals otherwise eligible to 

purchase coverage through Health 

Insurance Exchanges, and incorporates 

the effects on such payment amounts 

the American Rescue Plan Act of 2021 

(ARP). 

DATES: The methodology and data 

sources announced in this document are 

effective on January 1, 2022. 


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