Air Plan Approval; AL; NOX, 35610-35615 [2021-14180]
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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.
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
Subpart K—Florida
*
2. Section 52.520(e) is amended by
adding four new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
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.
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards.
§ 52.522
[Amended]
[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
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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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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notice
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Explanation
*
8/26/2020
*
7/7/2021
*
[Insert citation of
publication].
8/26/2020
7/7/2021
[Insert citation of
publication].
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.
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.
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
SUMMARY:
3. Section 52.522 is amended by
removing and reserving paragraph (b).
■
§ 52.523
EPA
approval
date
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*
*
Approving SIP submission for sections
110(a)(2)(C) & 110(a)(2)(J) as it relates
to GHG PSD permitting requirements.
Approving SIP submission for prong 3 of
section 110(a)(2)(D)(i) as it relates to
GHG PSD permitting requirements.
regulation for ‘‘New Combustion
Sources.’’
DATES:
This rule is effective August 6,
2021.
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
ADDRESSES:
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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:
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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
1 See
63 FR 57356 (October 27, 1998).
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).
2 As
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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
3 CAIR had separate trading programs for annual
sulfur dioxide (SO2) emissions, seasonal NOX
emissions, and annual NOX emissions.
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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
4 See
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79 FR 71663 (December 3, 2014).
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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
5 See 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.
7 Although 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.
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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
8 This action approved CSAPR and CSAPR
Update-related provisions of Alabama SIP
submissions dated October 26, 2015, and May 19,
2017.
9 See ‘‘Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP
Call,’’ 84 FR 8422 (March 8, 2019).
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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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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).
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10 Rule
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.
11 See 62 FR 27968 (May 22, 1997).
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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
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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
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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
*
*
*
*
Chapter No. 335–3–5
*
Section 335–3–5–.06 .....
Section 335–3–5–.07 .....
Section 335–3–5–.08 .....
Section
Section
Section
Section
*
335–3–5–.11
335–3–5–.12
335–3–5–.13
335–3–5–.14
.....
.....
.....
.....
*
*
Control of Sulfur Compound Emissions
*
8/31/2016, 81 FR 59869.
8/31/2016, 81 FR 59869.
8/31/2016, 81 FR 59869.
*
*
*
Administrative Appeal Procedures ...........................
SO2 Trading Budgets and Variability Limits .............
TR SO2 Allowance Allocations .................................
Authorization of Designated Representative and Alternate Designated Representative.
*
11/24/2015
11/24/2015
12/7/2018
11/24/2015
8/31/2016,
8/31/2016,
3/12/2020,
8/31/2016,
*
*
*
*
1/16/2012
*
Section 335–3–8–.07 .....
*
*
*
TR NOX Annual Trading Program—Purpose and
Definitions.
*
11/24/2015
PO 00000
Frm 00020
*
FR
FR
FR
FR
*
*
59869.
59869.
14418.
59869.
*
*
Control of Nitrogen Oxides Emissions
*
*
*
New Combustion Sources ........................................
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81
81
85
81
*
*
Section 335–3–8–.05 .....
15:58 Jul 06, 2021
Explanation
*
*
11/24/2015
11/24/2015
11/24/2015
Chapter No. 335–3–8
VerDate Sep<11>2014
EPA approval date
*
*
*
TR SO2 Trading Program—Purpose and Definitions
TR SO2 Trading Program—Applicability ..................
TR SO2 Trading Program—Retired Unit Exemption
*
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effective
date
Title/subject
Fmt 4700
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*
7/7/2021, [Insert citation of
publication].
*
*
8/31/2016, 81 FR 59869.
*
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EPA-APPROVED ALABAMA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
Section 335–3–8–.08 .....
Section 335–3–8–.09 .....
TR NOX Annual Trading Program—Applicability .....
TR NOX Annual Trading Program—Retired Unit Exemption.
TR NOX Annual Trading Program—Standard Requirements.
TR NOX Annual Trading Program—Computation of
Time.
Administrative Appeal Procedures ...........................
NOX Annual Trading Budgets and Variability Limits
TR NOX Annual Allowance Allocations ....................
Authorization of Designated Representative and Alternate Designated Representative.
Responsibilities of Designated Representative and
Alternate Designated Representative.
Changing Designated Representative and Alternate
Designated Representative; Changes in Owners
and Operators; Changes in Units at the Source.
11/24/2015
11/24/2015
8/31/2016, 81 FR 59869.
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
11/24/2015
11/24/2015
12/7/2018
11/24/2015
8/31/2016,
8/31/2016,
3/12/2020,
8/31/2016,
11/24/2015
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
*
*
*
Objections Concerning Designated Representative
and Alternate Designated Representative.
Delegation by Designated Representative and Alternate Designated Representative.
Establishment of Compliance Accounts, Assurance
Accounts, and General Accounts.
Recordation of TR NOX Annual Allowance Allocations and Auction Results.
Submission of TR NOX Annual Allowance Transfers
Recordation of TR NOX Annual Allowance Transfers.
Compliance with TR NOX Annual Emissions Limitation.
*
11/24/2015
*
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
11/24/2015
11/24/2015
8/31/2016, 81 FR 59869.
8/31/2016, 81 FR 59869.
11/24/2015
8/31/2016, 81 FR 59869.
Section 335–3–8–.10 .....
Section 335–3–8–.11 .....
Section
Section
Section
Section
335–3–8–.12
335–3–8–.13
335–3–8–.14
335–3–8–.16
.....
.....
.....
.....
Section 335–3–8–.17 .....
Section 335–3–8–.18 .....
*
Section 335–3–8–.20 .....
Section 335–3–8–.21 .....
Section 335–3–8–.23 .....
Section 335–3–8–.24 .....
Section 335–3–8–.25 .....
Section 335–3–8–.26 .....
Section 335–3–8–.27 .....
81
81
85
81
FR
FR
FR
FR
Explanation
59869.
59869.
14418.
59869.
*
*
Section 335–3–8–.29 .....
Section 335–3–8–.30 .....
*
*
*
Banking .....................................................................
Account Error ............................................................
*
11/24/2015
11/24/2015
*
8/31/2016, 81 FR 59869.
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
*
Section 335–3–8–.72 .....
NOX Budget Program Monitoring and Reporting .....
4/13/2020
*
7/7/2021, [Insert citation of
publication].
7/7/2021, [Insert citation of
publication].
*
*
*
*
*
[FR Doc. 2021–14180 Filed 7–6–21; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
BILLING CODE 6560–50–P
Centers for Medicare & Medicaid
Services
42 CFR Part 600
[CMS–2438–FN]
RIN 0938–ZB64
khammond on DSKJM1Z7X2PROD with RULES
EPA approval date
Basic Health Program; Federal
Funding Methodology for Program
Year 2022
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final methodology.
AGENCY:
VerDate Sep<11>2014
15:58 Jul 06, 2021
Jkt 253001
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Frm 00021
Fmt 4700
Sfmt 4700
Conditionally
approved.
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).
SUMMARY:
The methodology and data
sources announced in this document are
effective on January 1, 2022.
DATES:
E:\FR\FM\07JYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35610-35615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14180]
-----------------------------------------------------------------------
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
[[Page 35611]]
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
[email protected].
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.
---------------------------------------------------------------------------
\1\ See 63 FR 57356 (October 27, 1998).
\2\ As 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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ CAIR had separate trading programs for annual sulfur dioxide
(SO2) emissions, seasonal NOX emissions, and
annual NOX emissions.
---------------------------------------------------------------------------
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 non-EGUs 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
Cross-State 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
[[Page 35612]]
administering CAIR trading programs with respect to emissions occurring
after December 31, 2014.\5\
---------------------------------------------------------------------------
\4\ See 79 FR 71663 (December 3, 2014).
\5\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
\7\ Although 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.
---------------------------------------------------------------------------
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 non-EGUs 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 anti-backsliding 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.
---------------------------------------------------------------------------
\8\ This action approved CSAPR and CSAPR Update-related
provisions of Alabama SIP submissions dated October 26, 2015, and
May 19, 2017.
---------------------------------------------------------------------------
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 Sec. Sec.
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.
---------------------------------------------------------------------------
\9\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP Call,''
84 FR 8422 (March 8, 2019).
---------------------------------------------------------------------------
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 non-substantively 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
[[Page 35613]]
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\
---------------------------------------------------------------------------
\10\ Rule 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.
\11\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.49 is added to read as follows:
Sec. 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
[[Page 35614]]
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.
0
3. Section 52.50 is amended in the table in paragraph (c) by:
0
a. Removing the entries for Sections--
0
i. 335-3-1-.14, titled ``Emissions Reporting Requirements Relating to
Budgets for NOX Emissions'';
0
ii. 335-3-5-.06, titled ``State Clean Air Interstate Rule (CAIR)
SO2 Trading Program General Provisions'';
0
iii. 335-3-5-.07, titled ``CAIR Designated Representative for CAIR
SO2 Sources'';
0
iv. 335-3-5-.08, titled ``Permits'';
0
v. 335-3-5-.11, titled ``CAIR SO2 Allowance Tracking
System'';
0
vi. 335-3-5-.12, titled ``CAIR SO2 Allowance Transfers'';
0
vii. 335-3-5-.13, titled ``Monitoring and Reporting'';
0
viii. 335-3-5-.14, titled ``CAIR SO2 Opt-In Units'';
0
ix. 335-3-8-.05, titled ``NOX Budget Trading Program'';
0
x. 335-3-8-.06, titled ``Authorized Account Representative for
NOX Budget Sources'';
0
xi. 335-3-8-.07, titled ``Permits'';
0
xii. 335-3-8-.08, titled ``Compliance Certification'';
0
xiii. 335-3-8-.09, titled ``NOX Allowance Allocations'';
0
xiv. 335-3-8-.10, titled ``NOX Allowance Tracking System'';
0
xv. 335-3-8-.11, titled ``NOX Allowance Transfers'';
0
xvi. 335-3-8-.12, titled ``Monitoring and Reporting'';
0
xvii. 335-3-8-.13, titled ``Individual Unit Opt-ins'';
0
xviii. 335-3-8-.14, titled ``New Combustion Sources'';
0
xix. 335-3-8-.16, titled ``CAIR NOX Annual Budget Trading
Program'';
0
xx. 335-3-8-.17, titled ``CAIR Designated Representative for CAIR
NOX Sources'';
0
xxi. 335-3-8-.18, titled ``CAIR Permits'';
0
xxii. 335-3-8-.20, titled ``CAIR NOX Allowance
Allocations'';
0
xxiii. 335-3-8-.21, titled ``CAIR NOX Allowance Tracking
System'';
0
xxiv. 335-3-8-.23, titled ``CAIR Monitoring and Reporting'';
0
xxv. 335-3-8-.24, titled ``CAIR NOX Opt-in Units'';
0
xxvi. 335-3-8-.25, titled ``CAIR NOX Ozone Season Trading
Program'';
0
xxvii. 335-3-8-.26, titled ``CAIR Designated Representative for CAIR
NOX Ozone Season Sources'';
0
xxviii. 335-3-8-.27, titled ``CAIR NOX Ozone Season
Permits'';
0
xxix. 335-3-8-.29, titled ``CAIR NOX Ozone Season Allowance
Allocations'';
0
xxx. 335-3-8-.30, titled ``CAIR NOX Ozone Season Allowance
Tracking System'';
0
xxxi. 335-3-8-.32, titled ``CAIR NOX Ozone Season Monitoring
and Reporting''; and
0
xxxii. 335-3-8-.33, titled ``CAIR NOX Ozone Season Opt-in
Units'';
0
b. Adding entries for Sections--
0
i. 335-3-8-.05, titled ``New Combustion Sources'';
0
ii. 335-3-8-.71, titled ``NOx Budget Program''; and
0
iii. 335-3-8-.72, titled ``NOX Budget Program Monitoring and
Reporting'';
0
c. Revising the entries for Sections--
0
i. 335-3-5-.06 through 335-3-5.08;
0
ii. 335-3-5-.11 through 335-3-5.14;
0
iii. 335-3-8-.07 through 335-3-8.14;
0
iv. 335-3-8-.16 through 335-3-8.18;
0
v. 335-3-8-.20 and 335-3-8-.21;
0
vi. 335-3-8-.23 through 335-3-8.27;
0
vii. 335-3-8-.29 and 335-3-8-.30; and
0
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:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
* * * * *
EPA-Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject 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 11/24/2015 8/31/2016, 81 FR 59869......................
and Definitions.
Section 335-3-5-.07...................... TR SO2 Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Applicability.
Section 335-3-5-.08...................... TR SO2 Trading Program--Retired 11/24/2015 8/31/2016, 81 FR 59869......................
Unit Exemption.
* * * * * * *
Section 335-3-5-.11...................... Administrative Appeal 11/24/2015 8/31/2016, 81 FR 59869......................
Procedures.
Section 335-3-5-.12...................... SO2 Trading Budgets and 11/24/2015 8/31/2016, 81 FR 59869......................
Variability Limits.
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 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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-- 11/24/2015 8/31/2016, 81 FR 59869......................
Purpose and Definitions.
[[Page 35615]]
Section 335-3-8-.08...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Applicability.
Section 335-3-8-.09...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Retired Unit Exemption.
Section 335-3-8-.10...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Standard Requirements.
Section 335-3-8-.11...................... TR NOX Annual Trading Program-- 11/24/2015 8/31/2016, 81 FR 59869......................
Computation of Time.
Section 335-3-8-.12...................... Administrative Appeal 11/24/2015 8/31/2016, 81 FR 59869......................
Procedures.
Section 335-3-8-.13...................... NOX Annual Trading Budgets and 11/24/2015 8/31/2016, 81 FR 59869......................
Variability Limits.
Section 335-3-8-.14...................... TR NOX Annual Allowance 12/7/2018 3/12/2020, 85 FR 14418......................
Allocations.
Section 335-3-8-.16...................... Authorization of Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
Section 335-3-8-.17...................... Responsibilities of Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
Section 335-3-8-.18...................... Changing Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative;
Changes in Owners and
Operators; Changes in Units at
the Source.
* * * * * * *
Section 335-3-8-.20...................... Objections Concerning 11/24/2015 8/31/2016, 81 FR 59869......................
Designated Representative and
Alternate Designated
Representative.
Section 335-3-8-.21...................... Delegation by Designated 11/24/2015 8/31/2016, 81 FR 59869......................
Representative and Alternate
Designated Representative.
Section 335-3-8-.23...................... Establishment of Compliance 11/24/2015 8/31/2016, 81 FR 59869......................
Accounts, Assurance Accounts,
and General Accounts.
Section 335-3-8-.24...................... Recordation of TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Allowance Allocations and
Auction Results.
Section 335-3-8-.25...................... Submission of TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Allowance Transfers.
Section 335-3-8-.26...................... Recordation of TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Allowance Transfers.
Section 335-3-8-.27...................... Compliance with TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869......................
Emissions Limitation.
* * * * * * *
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, 11/24/2015 8/31/2016, 81 FR 59869......................
Recordkeeping, and Reporting
Requirements.
* * * * * * *
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 4/13/2020 7/7/2021, [Insert citation of publication].. Conditionally
and Reporting. approved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-14180 Filed 7-6-21; 8:45 am]
BILLING CODE 6560-50-P
