Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS, 7404-7410 [2022-02683]
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Proposed Rules
eligible individuals who are interred in
national cemeteries.
• Estimated number of respondents:
1,777 in FY2019.
• Estimated frequency of responses:
One time per application as needed by
families.
• Estimated average burden per
response: 10 minutes for respondents.
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 296 hours.
• Estimated cost to respondents per
year: VA estimates the annual cost to
respondents to be $8,012 (296 burden
hours for respondents × (multiplied by)
$27.07 per hour).
Assistance Listing
The Assistance Listing number and
title for the programs affected by this
document are 64.201, National
Cemeteries.
List of Subjects in 38 CFR part 38
Administrative practice and
procedure, Cemeteries, Claims, Crime,
Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on February 1, 2022, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons set forth in the
preamble, 38 CFR part 38 is proposed to
be amended as follows:
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:
■
Authority: 38 U.S.C. 107, 501, 512, 2306,
2400, 2402, 2403, 2404, 2407, 2408, 2411,
7105.
■
2. Revise § 38.621 to read as follows:
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§ 38.621
Disinterments.
(a) Interments of eligible decedents in
national cemeteries are considered
permanent and final. Disinterment will
be permitted only for cogent reasons
and with the prior written authorization
of the National Cemetery District
Executive Director or Cemetery Director
responsible for the cemetery involved.
Disinterment from a national cemetery
will be approved only when:
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(1) A court order or State
instrumentality of competent
jurisdiction directs the disinterment; or
(2) All living immediate family
members of the decedent, and the
individual who initiated the interment
(whether or not the individual is a
member of the immediate family), give
their written consent.
(i) If the individual who initiated the
interment does not consent, or is not
alive to provide consent, or all living
immediate family members are not in
agreement, anyone seeking disinterment
of an eligible decedent must provide VA
with an order from a court or State
instrumentality of competent
jurisdiction to direct the disinterment as
provided in paragraph (a)(1) of this
section.
(ii) For purposes of this section,
‘‘immediate family members’’ are
defined as surviving spouse, whether or
not he or she is or was remarried; all
adult children of the decedent; the
appointed guardian(s) of minor
children; and the appointed guardian(s)
of the surviving spouse or of the adult
child(ren) of the decedent. If the
surviving spouse and all of the children
of the decedent are deceased, the
decedent’s parents will be considered
‘‘immediate family members.’’
(b)(1) All requests to disinter remains
as described in paragraph (a)(2) of this
section must be submitted on VA Form
40–4970, Request for Disinterment, and
must include the following information:
(i) A full statement of reasons for the
proposed disinterment.
(ii) Notarized statement(s) by all
living immediate family members of the
decedent, and by the person who
initiated the interment (whether or not
the individual is a member of the
immediate family), that all parties
consent to the proposed disinterment.
(iii) A notarized statement by the
person requesting the disinterment that
those who supplied affidavits comprise
all the living immediate family members
of the deceased and the individual who
initiated the interment.
(2) If the person provides a false
certification on VA Form 40–4970, he or
she may be subject to penalties, to
include fine or imprisonment or both.
(c) Any VA-approved disinterment in
this section must be accomplished
without expense to the Government.
(The reporting and recordkeeping
requirements contained in paragraph (b)
of this section have been approved by
the Office of Management and Budget
under OMB control number 2900–0365)
(Authority: 38 U.S.C. 2404)
[FR Doc. 2022–02682 Filed 2–8–22; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0010; FRL–9539–01–
R4]
Air Plan Approval; Alabama;
Birmingham Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM),
via a letter dated September 15, 2020.
The SIP revision includes the 1997 8hour ozone national ambient air quality
standards (NAAQS) Limited
Maintenance Plan (LMP) for the
Birmingham, Alabama Area (hereinafter
referred to as the ‘‘Birmingham Area’’ or
‘‘Area’’). The Birmingham Area is
comprised of Jefferson and Shelby
Counties. EPA is proposing to approve
the Birmingham Area LMP because it
provides for the maintenance of the
1997 8-hour ozone NAAQS within the
Birmingham Area through the end of the
second 10-year portion of the
maintenance period. The effect of this
action would be to make certain
commitments related to maintenance of
the 1997 8-hour ozone NAAQS in the
Birmingham Area federally enforceable
as part of the Alabama SIP.
SUMMARY:
Comments must be received on
or before March 11, 2022.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0010 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
ADDRESSES:
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submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Summary of EPA’s Proposed Action
II. Background
III. Alabama’s SIP Submittal
IV. EPA’s Evaluation of Alabama’s SIP
Submittal
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of
Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity and General
Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
In accordance with the Clean Air Act
(CAA or Act), EPA is proposing to
approve the Birmingham Area LMP for
the 1997 8-hour ozone NAAQS, adopted
by ADEM on September 16, 2020, and
submitted by ADEM as a revision to the
Alabama SIP on September 17, 2020. In
2004, the Birmingham Area was
designated as nonattainment for the
1997 8-hour ozone NAAQS.
Subsequently, in 2006, after having
clean data and EPA’s approval of a
maintenance plan, the Area was
redesignated to attainment for the 1997
8-hour ozone NAAQS. See 71 FR 27631
(May 12, 2006).
The Birmingham Area LMP is
designed to maintain the 1997 8-hour
ozone NAAQS within the Birmingham
Area through the end of the second 10year portion of the maintenance period
beyond redesignation. EPA is proposing
to approve the plan because it meets all
applicable requirements under CAA
sections 110 and 175A. As a general
matter, the Birmingham Area LMP relies
on the same control measures and
contingency provisions to maintain the
1997 8-hour ozone NAAQS during the
second 10-year portion of the
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maintenance period as the maintenance
plan submitted by ADEM for the first
10-year period.
II. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants, referred to as ozone
precursors, are emitted by many types of
pollution sources, including on- and offroad motor vehicles and engines, power
plants and industrial facilities, and
smaller area sources such as lawn and
garden equipment and paints. Scientific
evidence indicates that adverse public
health effects occur following exposure
to ozone, particularly in children and in
adults with lung disease. Breathing air
containing ozone can reduce lung
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma and other lung
diseases.
Ozone exposure also has been
associated with increased susceptibility
to respiratory infections, medication
use, doctor visits, and emergency
department visits and hospital
admissions for individuals with lung
disease. Children are at increased risk
from exposure to ozone because their
lungs are still developing and they are
more likely to be active outdoors, which
increases their exposure.1
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. See 44 FR 8202
(February 8, 1979). On July 18, 1997,
EPA revised the primary and secondary
NAAQS for ozone to set the acceptable
level of ozone in the ambient air at 0.08
ppm, averaged over an 8-hour period.
See 62 FR 38856 (July 18, 1997).2 EPA
set the 8-hour ozone NAAQS based on
scientific evidence demonstrating that
ozone causes adverse health effects at
lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that
the 8-hour NAAQS would be more
protective of human health, especially
for children and adults who are active
outdoors, and individuals with a pre1 See ‘‘Fact Sheet, Proposal to Revise the National
Ambient Air Quality Standards for Ozone,’’ January
6, 2010, and 27 FR 2938 (January 19, 2010).
2 In March 2008, EPA completed another review
of the primary and secondary ozone NAAQS and
tightened them further by lowering the level for
both to 0.075 ppm. See 73 FR 16436 (March 27,
2008). Additionally, in October 2015, EPA
completed a review of the primary and secondary
ozone NAAQS and tightened them by lowering the
level for both to 0.070 ppm. See 80 FR 65292
(October 26, 2015).
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existing respiratory disease, such as
asthma.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004, EPA
designated the Birmingham Area, which
includes Jefferson and Shelby Counties,
as nonattainment for the 1997 8-hour
ozone NAAQS, and the designation
became effective on June 15, 2004. See
69 FR 23858 (April 30, 2004). Similarly,
on May 21, 2012, EPA designated areas
as unclassifiable/attainment or
nonattainment for the 2008 8-hour
ozone NAAQS. EPA designated the
Birmingham Area as unclassifiable/
attainment for the 2008 8-hour ozone
NAAQS. This designation became
effective on July 20, 2012. See 77 FR
30088. On November 16, 2017, areas
were designated for the 2015 8-hour
ozone NAAQS. The Birmingham Area
was again designated attainment/
unclassifiable for the 2015 8-hour ozone
NAAQS, with an effective date of
January 16, 2018. See 82 FR 54232
(November 16, 2017).
A state may submit a request that EPA
redesignate a nonattainment area that is
attaining the NAAQS to attainment, and
if the area has met other required
criteria described in section 107(d)(3)(E)
of the CAA, EPA may approve the
redesignation request.3 One of the
criteria for redesignation is to have an
approved maintenance plan under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the NAAQS for the
period extending ten years after
redesignation, and it must contain such
additional measures as necessary to
ensure maintenance and such
contingency provisions as necessary to
assure that violations of the NAAQS
will be promptly corrected. Eight years
after the effective date of redesignation,
the state must also submit a second
maintenance plan to ensure ongoing
maintenance of the NAAQS for an
additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring
maintenance for 20 years after
redesignation).
EPA has published long-standing
guidance for states on developing
3 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignating a nonattainment area
to attainment. They include attainment of the
NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that
improvement in air quality is a result of permanent
and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
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maintenance plans.4 The Calcagni
memo provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that projected future emissions of a
pollutant and its precursors will not
exceed the level of emissions during a
year when the area was attaining the
NAAQS (i.e., attainment year
inventory). See Calcagni memo at page
9. EPA clarified in three subsequent
guidance memos that certain areas
could meet the CAA section 175A
requirement to provide for maintenance
by showing that the area was unlikely
to violate the NAAQS in the future,
using information such as the area’s
design value 5 being well below the
standard and the area having a
historically stable design value.6 EPA
refers to a maintenance plan containing
this streamlined demonstration as an
LMP.
EPA has interpreted CAA section
175A as permitting the LMP option
because section 175A of the Act does
not define how areas may demonstrate
maintenance, and in EPA’s experience
implementing the various NAAQS,
areas that qualify for an LMP and have
approved LMPs have rarely, if ever,
experienced subsequent violations of
the NAAQS. As noted in the LMP
guidance memoranda, states seeking an
LMP must still submit the other
maintenance plan elements outlined in
the Calcagni memo, including: An
attainment emissions inventory,
provisions for the continued operation
of the ambient air quality monitoring
network, verification of continued
attainment, and a contingency plan in
the event of a future violation of the
NAAQS. Moreover, a state seeking an
LMP must still submit its section 175A
maintenance plan as a revision to its
SIP, with all attendant notice and
4 John Calcagni, Director, Air Quality
Management Division, EPA Office of Air Quality
Planning and Standards, ‘‘Procedures for Processing
Requests to Redesignate Areas to Attainment,’’
September 4, 1992 (Calcagni memo).
5 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone area is the highest
design value of any monitoring site in the area.
6 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas,’’ from
Sally L. Shaver, Office of Air Quality Planning and
Standards (OAQPS), dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas,’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas,’’ from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these
guidance memoranda can be found in the docket for
this proposed rulemaking.
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comment procedures. While the LMP
guidance memoranda were originally
written with respect to certain NAAQS,7
EPA has extended the LMP
interpretation of section 175A to other
NAAQS and pollutants not specifically
covered by the previous guidance
memos.8
In this case, EPA is proposing to
approve Alabama’s LMP because the
State has made a showing that the
Area’s ozone concentrations are well
below the 1997 8-hour ozone NAAQS
and have been historically stable and
that it has met the other maintenance
plan requirements. ADEM submitted
this LMP for the Birmingham Area to
fulfill the second maintenance plan
requirement in the Act. EPA’s
evaluation of the Birmingham Area LMP
is presented below.
In January of 2006, ADEM submitted
to EPA a request to redesignate the
Birmingham Area to attainment for the
1997 8-hour ozone NAAQS. This
submittal included a plan to provide for
maintenance of the 1997 8-hour ozone
NAAQS in Birmingham through 2017 as
a revision to the Alabama SIP. EPA
approved the Birmingham Area’s
maintenance plan and the State’s
request to redesignate the Birmingham
Area to attainment for the 1997 8-hour
ozone NAAQS effective June 12, 2006.
See 71 FR 27631 (May 12, 2006).9
Under CAA section 175A(b), states
must submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. EPA’s final
implementation rule for the 2008 8-hour
ozone NAAQS revoked the 1997 8-hour
ozone NAAQS and stated that one
consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 NAAQS no longer needed to
submit second 10-year maintenance
plans under CAA section 175A(b). See
80 FR 12264, 12315 (March 6, 2015).
In South Coast Air Quality
Management District v. EPA, the United
7 The prior memos addressed: Unclassifiable
areas under the 1-hour ozone NAAQS,
nonattainment areas for the PM10 (particulate matter
with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon
monoxide (CO) NAAQS.
8 See, e.g., 79 FR 41900 (July 18, 2014) (approval
of the second ten-year LMP for the Grant County
1971 Sulfur Dioxide maintenance area).
9 After redesignation to attainment, the
Birmingham area violated the NAAQS with 2004–
2006 monitoring data. On February 6, 2008,
Alabama submitted a SIP revision to EPA to fulfill
ADEM’s commitment to adopt, within 18 months of
a violation of the 1997 8-hour ozone NAAQS, one
or more contingency measures to help the area reattain the standard. See 74 FR 37945.
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States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
vacated the EPA’s interpretation that,
because of the revocation of the 1997 8hour ozone NAAQS, second
maintenance plans were not required for
‘‘orphan maintenance areas,’’ i.e., areas
that had been redesignated to
attainment for the 1997 8-hour ozone
NAAQS maintenance areas and were
designated attainment for the 2008
ozone NAAQS. South Coast, 882 F.3d
1138 (DC Cir. 2018). Thus, states with
these ‘‘orphan maintenance areas’’
under the 1997 8-hour ozone NAAQS
must submit maintenance plans for the
second maintenance period.
Accordingly, on September 17, 2020,
Alabama submitted a second
maintenance plan for the Birmingham
Area that shows that the Area is
expected to remain in attainment of the
1997 8-hour ozone NAAQS through
2026.
In recognition of the continuing
record of air quality monitoring data
showing ambient 8-hour ozone
concentrations in the Birmingham Area
well below the 1997 8-hour ozone
NAAQS, ADEM chose the LMP option
for the development of a second 1997 8hour ozone NAAQS maintenance plan.
On September 16, 2020, ADEM adopted
the second 10-year 1997 8-hour ozone
maintenance plan, and on September
17, 2020, ADEM submitted the
Birmingham Area LMP to EPA as a
revision to the Alabama SIP.
III. Alabama’s SIP Submittal
As mentioned above, on September
17, 2020, ADEM submitted the
Birmingham Area 1997 8-hour ozone
NAAQS LMP to EPA as a revision to the
Alabama SIP. The submittal includes
the LMP, air quality data, emissions
inventory information, and appendices
as well as certification of adoption of
the plan by ADEM. Appendices to the
plan include EPA’s Guidance
Memorandum for Ozone Limited
Maintenance Plans and documentation
of notice, hearing, and public
participation prior to adoption of the
plan by ADEM on September 16, 2020.
The Birmingham Area LMP does not
include any additional emissions
reduction measures but relies on the
same emission reduction strategy as
their first 10-year maintenance plan that
provides for the maintenance of the
1997 8-hour ozone NAAQS through
2017. Specifically, the measures upon
which the second 10-year LMP for the
Birmingham Area relies include, among
other things, continued implementation
of federal measures (e.g., Tier 3 Motor
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Vehicle Emission and Fuel Standards,10
NOX SIP Call,11 and interstate transport
rules such as the Cross-State Air
Pollution Rule (CSAPR) 12 and CSAPR
Update 13).
section 175A(b). The following is a
summary of EPA’s interpretation of the
section 175A requirements 14 and EPA’s
evaluation of how each requirement is
met.
IV. EPA’s Evaluation of Alabama’s SIP
Submittal
EPA has reviewed the Birmingham
Area’s LMP which is designed to
maintain the 1997 8-hour ozone NAAQS
within Birmingham through the end of
the 20-year period beyond
redesignation, as required under CAA
A. Attainment Emissions Inventory
For maintenance plans, a state should
develop a comprehensive, accurate
inventory of actual emissions for an
attainment year to identify the level of
emissions which is sufficient to
maintain the NAAQS. A state should
develop this inventory consistent with
EPA’s most recent guidance on
emissions inventory development. For
ozone, the inventory should be based on
typical summer day emissions of VOC
and NOX, as these pollutants are
precursors to ozone formation. The
Birmingham LMP instead includes an
ozone attainment inventory for the
Birmingham area that reflects annual
emissions of VOC and NOX in 2014.
Table 1 presents a summary of the
inventory for 2014 contained in the
LMP.
TABLE 1—2014 VOC AND NOX EMISSIONS FOR THE BIRMINGHAM AREA
[Tons/year]
Point source
VOC .......................................................
NOX ........................................................
3,899.07
31,365.76
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The Attainment Emissions Inventory
section of the Birmingham Area LMP
describes the methods, models, and
assumptions used to develop the
attainment inventory and notes that
ADEM relied on version 2 of the 2014
NEI.15 Point source emissions were
calculated from data collected annually
from the sources and reported to the
State or local air agencies. Area source
emissions were estimated by
multiplying an emission factor by some
known indicator of collective activity,
such as fuel usage, and were estimated
on the county level. Nonroad mobile
source emissions in the 2014NEIv2, in
part, were estimated using the latest
version of the EPA’s motor vehicles
emission model, MOVES (which
includes estimates nonroad emissions
like agriculture, commercial and
mining, industrial and recreational
equipment, and commercial and
residential lawn and garden equipment).
Locomotives, aircraft, and marine
nonroad sources are not included in
MOVES, and ADEM relied on EPAgenerated emissions for these sectors.16
Onroad mobile sources in the
2014NEIv2 were estimated using
MOVES and the latest planning
assumptions regarding vehicle type,
vehicle activity, and vehicle speeds to
estimate vehicular emissions for 2014.
ADEM’s estimates for vehicles reflect
10 See
79 FR 23414 (April 28, 2014).
63 FR 57355 (October 27, 1998).
12 See 76 FR 48208 (August 8, 2011).
13 See 81 FR 74504 (October 26, 2016).
14 See Calcagni memo.
15 Documentation and data for the 2014 NEIv2
can be accessed via the following website: https://
www.epa.gov/air-emissions-inventories/2014national-emissions-inventory-nei-data.
11 See
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Onroad
mobile source
Area source
78,794.64
7,679.80
I
9,587.72
17,394.50
I
emissions inventories and ancillary data
files used for emissions modeling, as
well as the meteorological, initial
condition, and boundary condition files
need to run the air quality model.
Although an ozone LMP would
typically include an inventory of typical
summer day emissions rather than
annual emissions, EPA proposes to find
that Alabama’s annual inventory is
sufficient here because the 2014 annual
inventory data are consistent with 2014
summer emissions inventory data for
the Birmingham Area.17 Based on our
review of the methods, models, and
assumptions used by Alabama to
develop the inventory, as well as our
review of the 2014 summer emissions
data, EPA proposes to find that the
Alabama 1997 ozone NAAQS LMP
includes a comprehensive, reasonably
accurate inventory of actual ozone
precursor emissions in attainment year
2014, and proposes to conclude that this
is acceptable for the purposes of a
subsequent maintenance plan under
CAA section 175A(b).
B. Maintenance Demonstration
The maintenance demonstration
requirement is considered to be satisfied
in an LMP if the state can provide
sufficient weight of evidence indicating
that air quality in the area is well below
the level of the standard, that past air
16 EPA developed emissions for these sectors
based on AP–42 emissions factor, and information
supplied by the Eastern Regional Technical
Advisory Committee for locomotives and Federal
Aviation Administration’s Emissions and
Dispersion Modeling System (since replaced by the
Aviation Environmental Design Tool).
17 The 2014 summer emissions data for the
Birmingham Area are from the EPA 2014 version
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Nonroad
mobile source
4,046.32
3,470.60
Total
96,327.75
59,910.66
quality trends have been shown to be
stable, and that the probability of the
area experiencing a violation over the
second 10-year maintenance period is
low.18 These criteria are evaluated
below with regard to the Birmingham
Area.
1. Evaluation of Ozone Air Quality
Levels
To attain the 1997 8-hour ozone
NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations (design
value) at each monitor within an area
must not exceed 0.08 ppm. Based on the
rounding convention described in 40
CFR part 50, Appendix I, the NAAQS is
attained if the design value is 0.084 ppm
or below. At the time of submission,
EPA evaluated quality assured and
certified 2016–2018 monitoring data
and determined that the design value for
the Birmingham Area was 0.067 ppm, or
79 percent of the level of the 1997 8hour ozone NAAQS. Based on quality
assured and certified monitoring data
for 2018–2020, the current design value
for the Birmingham Area is 0.066 ppm,
or 79 percent of the level of the 1997 8hour ozone NAAQS. Consistent with
prior guidance, EPA believes that if the
most recent air quality design value for
the area is at a level that is well below
the NAAQS (e.g., below 85% of the
7.0 modeling platform, which is based on the
National Emissions Inventory (2014 NEI version 2),
and are available at https://www.epa.gov/sites/
default/files/2018-11/ozone_1997_naaqs_emiss_
inv_data_nov_19_2018_0.xlsx. The 2017 NEI is the
most recent NEI, but it was unavailable to Alabama
when the State developed its SIP revision.
18 See footnote 6.
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standard, or in this case below 0.071
ppm), then EPA considers the state to
have met the section 175A requirement
for a demonstration that the area will
maintain the NAAQS for the requisite
period. Such a demonstration assumes
continued applicability of prevention of
significant deterioration requirements
and any control measures already in the
SIP and that Federal measures will
remain in place through the end of the
second 10-year maintenance period,
absent a showing consistent with
section 110(l) that such measures are
not necessary to assure maintenance.
Table 2 presents the 2014–2020
design values for each monitor in the
Birmingham Area. As shown in Table 2,
all sites have been well below the level
of the 1997 8-hour ozone NAAQS
during that time period, and the most
current design value is below the level
of 85 percent of the NAAQS, consistent
with prior LMP guidance.
TABLE 2—1997 8-HOUR OZONE NAAQS 2014–2020 DESIGN VALUES (ppm) AT MONITORING SITES IN THE BIRMINGHAM
AREA +
2012–2014
DV
Location
AQS site ID
Helena .............................................................
Fairfield ............................................................
McAdory ..........................................................
Hoover .............................................................
Tarrant .............................................................
Corner .............................................................
North Birmingham ...........................................
Leeds ...............................................................
01–117–0004
01–073–1003
01–073–1005
01–073–2006
01–073–6002
01–073–5003
01–073–0023
01–073–1010
2013–2015
DV
0.068
0.068
0.068
0.067
∧ 0.070
0.065
0.067
0.069
0.065
0.065
0.064
0.065
0.067
0.063
0.064
0.063
2014–2016
DV
2015–2017
DV
0.067
0.066
0.066
0.066
0.068
0.064
0.068
0.064
2016–2018
DV
0.066
0.066
0.065
0.066
0.068
0.064
0.066
0.063
0.067
∧ 0.064
0.065
(-)
(*)
0.063
0.065
0.066
2017–2019
DV
0.066
0.067
0.066
(-)
(*)
0.062
(*)
0.064
2018–2020
DV
0.065
0.066
0.066
(-)
(*)
0.061
0.066
0.063
+ The Metropolitan Statistical Area (MSA) is required to have a minimum of two ozone monitoring sites. The MSA still maintains seven regulatory ozone monitoring
sites offering adequate coverage of the MSA.
* These design values are invalid due to data completeness issues.
- The Hoover monitor (Site ID 01–073–2006) was approved to be shut down at the end of October 31, 2017, through the annual network plan review process.
∧ The data handling methodology associated with the 1997 8-hour ozone NAAQS was used to calculate these 2014–2020 DVs. Using this appropriate methodology, two DVs were calculated as being slightly lower (0.001 ppm lower) than what was included in ADEMS’s submittal.
lotter on DSK11XQN23PROD with PROPOSALS1
Therefore, the Birmingham Area is
eligible for the LMP option, and EPA
proposes to find that the long record of
monitored ozone concentrations that
attain the NAAQS, together with the
continuation of existing VOC and NOX
emissions control programs, adequately
provide for the maintenance of the 1997
8-hour ozone NAAQS in the Area
through the second 10-year maintenance
period and beyond.
Additional supporting information
that the Area is expected to continue to
maintain the NAAQS can be found in
projections of future year design values
that EPA recently completed for the
Revised CSAPR Update for the 2008
Ozone NAAQS that EPA finalized on
April 30, 2021.19 Those projections,
made for the year 2023, show that the
highest design value of any monitor in
the Area is expected to be 0.056 ppm.
EPA is not proposing to make any
finding in this rulemaking regarding
interstate transport obligations for any
state.
19 On April 30, 2021, EPA published the final
Revised Cross-State Air Pollution (CSAPR) Update
(RCU) using updated modeling that focused on
analytic years 2023 and 2028 and an
‘‘interpolation’’ analysis of these modeling results
to generate air quality and contribution values for
the 2021 analytic year. See 86 FR 23054. https://
www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/
2021-05705.pdf. This modeling included projected
ozone design values for ozone monitors in the
Birmingham maintenance area. See the spreadsheet
titled ‘‘Data File with Ozone Design Values and
Ozone Contributions (xlsx)’’ at https://
www.epa.gov/csapr/revised-cross-state-airpollution-rule-update.
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2. Stability of Ozone Levels
As discussed above, the Birmingham
Area has maintained air quality well
below the 1997 8-hour ozone NAAQS
over the past seven years. Additionally,
the design value data shown within
Table 2 illustrates that ozone levels have
been relatively stable over this
timeframe, with a modest downward
trend. For example, the data within
Table 2 indicates that the largest year
over year change in design value at any
one monitor during these seven years
was six parts per billion which occurred
between the 2014 and 2015 design
values, representing a nine percent
decrease at monitor 01–073–1010
(Leeds). Furthermore, the overall trend
for the Birmingham Area shows a
decrease of three percent between the
2014 and 2017 design values at the
highest monitor, Tarrant monitor 01–
073–6002, and shows a decrease of nine
percent between the 2014 and 2020
design values at the second-highest
monitor, Leeds monitor 01–073–1010.
This downward trend in ozone levels,
coupled with the relatively small, yearover-year variation in ozone design
values, makes it reasonable to conclude
that the Birmingham Area will not
exceed the 1997 8-hour ozone NAAQS
during the second 10-year maintenance
period.
C. Monitoring Network and Verification
of Continued Attainment
EPA periodically reviews the ozone
monitoring network that ADEM and
Jefferson County Department of Health
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Sfmt 4702
(JCDH) operates and maintains in
accordance with 40 CFR part 58. This
network plan, which is submitted
annually to EPA, is consistent with the
most recent ambient air quality
monitoring network assessment. The
annual network plan developed by
ADEM follows a public notification and
review process. EPA has reviewed and
approved the 2020 Ambient Air
Monitoring Network Plan (‘‘2020
Annual Network Plan’’).20
To verify the attainment status of the
area over the maintenance period, the
maintenance plan should contain
provisions for continued operation of an
appropriate, EPA-approved monitoring
network in accordance with 40 CFR part
58. As noted above, ADEM and JCDH’s
monitoring network in Birmingham has
been approved by EPA in accordance
with 40 CFR part 58, and the State and
JCDH have committed to continue to
maintain a network in accordance with
EPA requirements. EPA proposes to find
that ADEM and JCDH’s monitoring
network is adequate to verify continued
attainment of the 1997 8-hour ozone
NAAQS in Birmingham.
D. Contingency Plan
Section 175A(d) of the CAA requires
that a maintenance plan include
contingency provisions. The purpose of
such contingency provisions is to
prevent future violations of the NAAQS
or to promptly remedy any NAAQS
violations that might occur during the
20 The letters approving the network plan are in
the docket for this proposed rulemaking.
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maintenance period. These contingency
measures are required to be
implemented expeditiously once they
are triggered by a future violation of the
NAAQS or some other trigger. The state
should identify specific triggers which
will be used to determine when the
contingency measures need to be
implemented.
The LMP states that the initial trigger
of Alabama’s contingency plan is when
any individual monitor in the
Birmingham Area records an annual
fourth high reading of 85 ppb or higher.
If this trigger is activated and ambient
monitoring data indicates that a
violation of the 3-year design value may
be imminent, the maintenance plan
requires Alabama to evaluate existing
control measures to determine whether
any further emission reduction
measures should be implemented at that
time. The second contingency plan
trigger will be a quality assured/quality
controlled (QA/QC) violating design
value of the 1997 8-hour ozone NAAQS
at any monitor in the Birmingham
Area.21 As expeditiously as possible and
within 18 to 24 months after a
monitored violation, Alabama will
adopt and implement appropriate
contingency measures needed to assure
future attainment.22 In addition to at
least one contingency measure being
implemented upon a monitored
violation, pursuant to CAA section
175A(d), all control measures in place
prior to redesignation to attainment will
remain in place.
EPA proposes to find that the
contingency provisions in Alabama’s
second maintenance plan for the 1997 8hour ozone NAAQS meet the
requirements of the CAA section
175A(d).
lotter on DSK11XQN23PROD with PROPOSALS1
E. Conclusion
EPA proposes to find that the
Birmingham LMP for the 1997 8-hour
ozone NAAQS includes an approvable
update of the various elements
(including attainment inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions) of the
initial EPA-approved maintenance plan
21 If QA/QC data indicates a violating design
value for the 8-hour ozone NAAQS, then the
triggering event will be the date of the design value
violation, and not the final QA/QC date. However,
if initial monitoring data indicates a possible design
value violation but later QA/QC indicates that a
NAAQS violation did not occur, then a triggering
event will not have occurred, and contingency
measures will not need to be implemented.
22 See the Contingency Plan section of the LMP
for further information regarding the contingency
plan, including measures that Alabama will
consider for adoption if a monitored violation
occurs.
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for the 1997 8-hour ozone NAAQS. EPA
also proposes to find that the
Birmingham Area, a former subpart 1
marginal 1997 8-hour ozone NAAQS
nonattainment area, qualifies for the
LMP option, and adequately
demonstrates maintenance of the 1997
8-hour ozone NAAQS through the
documentation of monitoring data
showing maximum 1997 8-hour ozone
levels below the NAAQS and
historically stable design values. EPA
believes the Birmingham Area’s LMP,
which retains all existing control
measures in the SIP, is sufficient to
provide for maintenance of the 1997 8hour ozone NAAQS in the Area over the
second maintenance period (i.e.,
through 2026) and thereby satisfies the
requirements for such a plan under CAA
section 175A(b). EPA is therefore
proposing to approve Alabama’s
September 17, 2020, submission of the
Birmingham Area 1997 8-hour ozone
NAAQS LMP as a revision to the
Alabama SIP.
V. Transportation Conformity and
General Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS. See
CAA 176(c)(1)(A) and (B). EPA’s
transportation conformity rule at 40 CFR
part 93 subpart A requires that
transportation plans, programs, and
projects conform to SIPs and establishes
the criteria and procedures for
determining whether they conform. The
conformity rule generally requires a
demonstration that emissions from the
Regional Transportation Plan (RTP) and
the Transportation Improvement
Program (TIP) are consistent with the
motor vehicles emissions budget
(MVEB) contained in the control
strategy SIP revision or maintenance
plan. See 40 CFR 93.101, 93.118, and
93.124. A MVEB is defined as ‘‘the
portion of the total allowable emissions
defined in the submitted or approved
control strategy implementation plan
revision or maintenance plan for a
certain date for the purpose of meeting
reasonable further progress milestones
or demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions.’’ See 40 CFR 93.101.
Under the conformity rule, LMP areas
may demonstrate conformity without a
regional emissions analysis. See 40 CFR
93.109(e). On February 23, 2006, EPA
made a finding that the MVEBs in the
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7409
first 10 years of the 1997 8-hour ozone
maintenance plan for the Birmingham
Area were adequate for transportation
conformity purposes. See 71 FR 9332
(February 23, 2006). This adequacy
determination became effective on
March 10, 2006. After approval of this
LMP or an adequacy finding for this
LMP, there is no requirement to meet
the budget test pursuant to the
transportation conformity rule for the
maintenance area. All actions that
would require a transportation
conformity determination for the
Birmingham Area ozone maintenance
area under EPA’s transportation
conformity rule provisions are
considered to have already satisfied the
regional emissions analysis and ‘‘budget
test’’ requirements in 40 CFR 93.118 as
a result of EPA’s adequacy finding for
this LMP. See 69 FR 40004 (July 1,
2004).
However, because LMP areas are still
maintenance areas, certain aspects of
transportation conformity
determinations still will be required for
transportation plans, programs, and
projects. Specifically, for such
determinations, RTPs, TIPs and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet
the criteria for consultation (40 CFR
93.105) and Transportation Control
Measure implementation in the
conformity rule provisions (40 CFR
93.113) as well as meet the hot-spot
requirements for projects (40 CFR
93.116).23 Additionally, conformity
determinations for RTPs and TIPs must
be determined no less frequently than
every four years, and conformity of plan
and TIP amendments and transportation
projects is demonstrated in accordance
with the timing requirements specified
in 40 CFR 93.104. In addition, in order
for projects to be approved they must
come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR
93.115.
VI. Proposed Action
Under sections 110(k) and 175A of the
CAA and for the reasons set forth above,
EPA is proposing to approve the
Birmingham Area LMP for the 1997 8hour ozone NAAQS, submitted by
ADEM on September 17, 2020, as a
revision to the Alabama SIP. EPA is
proposing to approve the Birmingham
Area LMP because it includes an
acceptable update of the various
elements of the 1997 8-hour ozone
23 A conformity determination that meets other
applicable criteria in Table 1 of paragraph (b) of this
section (93.109(e)) is still required, including the
hot-spot requirements for projects in CO, PM10, and
PM2.5 areas.
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Proposed Rules
NAAQS maintenance plan approved by
EPA for the first 10-year period and
retains the relevant provisions of the
SIP.
EPA also finds that the Birmingham
Area qualifies for the LMP option and
that, therefore, the Birmingham Area
LMP adequately demonstrates
maintenance of the 1997 8-hour ozone
NAAQS through documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and continuation of existing
control measures. EPA believes the
Birmingham Area’s 1997 8-hour ozone
LMP to be sufficient to provide for
maintenance of the 1997 8-hour ozone
NAAQS in the Birmingham Area over
the second 10-year maintenance period,
through 2026, and thereby satisfy the
requirements for such a plan under CAA
section 175A(b).
lotter on DSK11XQN23PROD with PROPOSALS1
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• 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);
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• 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, reporting and
recordkeeping Requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–02683 Filed 2–8–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2022–0089; FRL–9546–01–
R1]
Air Plan Approval; Connecticut;
Negative Declaration for the Oil and
Gas Industry
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Connecticut. The revision provides the
State’s determination, via a negative
declaration, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry. The intended
SUMMARY:
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Sfmt 4702
effect of this action is to approve this
item into the Connecticut SIP. This
action is being taken under the Clean
Air Act.
DATES: Written comments must be
received on or before March 11, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2022–0089 at https://
www.regulations.gov, or via email
rackauskas.eric@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact 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 legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Eric
Rackauskas, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), Boston, MA
02109–3912, tel. (617) 918–1628, email
rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Proposed Rules]
[Pages 7404-7410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02683]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0010; FRL-9539-01-R4]
Air Plan Approval; Alabama; Birmingham Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), via a letter dated September 15, 2020. The SIP
revision includes the 1997 8-hour ozone national ambient air quality
standards (NAAQS) Limited Maintenance Plan (LMP) for the Birmingham,
Alabama Area (hereinafter referred to as the ``Birmingham Area'' or
``Area''). The Birmingham Area is comprised of Jefferson and Shelby
Counties. EPA is proposing to approve the Birmingham Area LMP because
it provides for the maintenance of the 1997 8-hour ozone NAAQS within
the Birmingham Area through the end of the second 10-year portion of
the maintenance period. The effect of this action would be to make
certain commitments related to maintenance of the 1997 8-hour ozone
NAAQS in the Birmingham Area federally enforceable as part of the
Alabama SIP.
DATES: Comments must be received on or before March 11, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0010 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary
[[Page 7405]]
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. Alabama's SIP Submittal
IV. EPA's Evaluation of Alabama's SIP Submittal
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
In accordance with the Clean Air Act (CAA or Act), EPA is proposing
to approve the Birmingham Area LMP for the 1997 8-hour ozone NAAQS,
adopted by ADEM on September 16, 2020, and submitted by ADEM as a
revision to the Alabama SIP on September 17, 2020. In 2004, the
Birmingham Area was designated as nonattainment for the 1997 8-hour
ozone NAAQS. Subsequently, in 2006, after having clean data and EPA's
approval of a maintenance plan, the Area was redesignated to attainment
for the 1997 8-hour ozone NAAQS. See 71 FR 27631 (May 12, 2006).
The Birmingham Area LMP is designed to maintain the 1997 8-hour
ozone NAAQS within the Birmingham Area through the end of the second
10-year portion of the maintenance period beyond redesignation. EPA is
proposing to approve the plan because it meets all applicable
requirements under CAA sections 110 and 175A. As a general matter, the
Birmingham Area LMP relies on the same control measures and contingency
provisions to maintain the 1997 8-hour ozone NAAQS during the second
10-year portion of the maintenance period as the maintenance plan
submitted by ADEM for the first 10-year period.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and in adults with lung disease. Breathing air containing
ozone can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma and other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor
visits, and emergency department visits and hospital admissions for
individuals with lung disease. Children are at increased risk from
exposure to ozone because their lungs are still developing and they are
more likely to be active outdoors, which increases their exposure.\1\
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\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010, and 27 FR 2938
(January 19, 2010).
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In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18,
1997, EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. See 62 FR 38856 (July 18, 1997).\2\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 8-hour NAAQS would be more
protective of human health, especially for children and adults who are
active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.
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\2\ In March 2008, EPA completed another review of the primary
and secondary ozone NAAQS and tightened them further by lowering the
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone NAAQS and tightened them by lowering the level
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Birmingham
Area, which includes Jefferson and Shelby Counties, as nonattainment
for the 1997 8-hour ozone NAAQS, and the designation became effective
on June 15, 2004. See 69 FR 23858 (April 30, 2004). Similarly, on May
21, 2012, EPA designated areas as unclassifiable/attainment or
nonattainment for the 2008 8-hour ozone NAAQS. EPA designated the
Birmingham Area as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. This designation became effective on July 20, 2012. See 77 FR
30088. On November 16, 2017, areas were designated for the 2015 8-hour
ozone NAAQS. The Birmingham Area was again designated attainment/
unclassifiable for the 2015 8-hour ozone NAAQS, with an effective date
of January 16, 2018. See 82 FR 54232 (November 16, 2017).
A state may submit a request that EPA redesignate a nonattainment
area that is attaining the NAAQS to attainment, and if the area has met
other required criteria described in section 107(d)(3)(E) of the CAA,
EPA may approve the redesignation request.\3\ One of the criteria for
redesignation is to have an approved maintenance plan under CAA section
175A. The maintenance plan must demonstrate that the area will continue
to maintain the NAAQS for the period extending ten years after
redesignation, and it must contain such additional measures as
necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the NAAQS will be promptly
corrected. Eight years after the effective date of redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the NAAQS for an additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring maintenance for 20 years after
redesignation).
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\3\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignating a nonattainment area to attainment. They include
attainment of the NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that improvement in
air quality is a result of permanent and enforceable reductions in
emissions, demonstration that the state has met all applicable
section 110 and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
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EPA has published long-standing guidance for states on developing
[[Page 7406]]
maintenance plans.\4\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that projected future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni memo at page 9. EPA clarified
in three subsequent guidance memos that certain areas could meet the
CAA section 175A requirement to provide for maintenance by showing that
the area was unlikely to violate the NAAQS in the future, using
information such as the area's design value \5\ being well below the
standard and the area having a historically stable design value.\6\ EPA
refers to a maintenance plan containing this streamlined demonstration
as an LMP.
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\4\ John Calcagni, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards, ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' September
4, 1992 (Calcagni memo).
\5\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone area is the
highest design value of any monitoring site in the area.
\6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas,'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas,'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas,'' from Lydia Wegman, OAQPS,
dated August 9, 2001. Copies of these guidance memoranda can be
found in the docket for this proposed rulemaking.
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EPA has interpreted CAA section 175A as permitting the LMP option
because section 175A of the Act does not define how areas may
demonstrate maintenance, and in EPA's experience implementing the
various NAAQS, areas that qualify for an LMP and have approved LMPs
have rarely, if ever, experienced subsequent violations of the NAAQS.
As noted in the LMP guidance memoranda, states seeking an LMP must
still submit the other maintenance plan elements outlined in the
Calcagni memo, including: An attainment emissions inventory, provisions
for the continued operation of the ambient air quality monitoring
network, verification of continued attainment, and a contingency plan
in the event of a future violation of the NAAQS. Moreover, a state
seeking an LMP must still submit its section 175A maintenance plan as a
revision to its SIP, with all attendant notice and comment procedures.
While the LMP guidance memoranda were originally written with respect
to certain NAAQS,\7\ EPA has extended the LMP interpretation of section
175A to other NAAQS and pollutants not specifically covered by the
previous guidance memos.\8\
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\7\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon monoxide (CO)
NAAQS.
\8\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the
second ten-year LMP for the Grant County 1971 Sulfur Dioxide
maintenance area).
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In this case, EPA is proposing to approve Alabama's LMP because the
State has made a showing that the Area's ozone concentrations are well
below the 1997 8-hour ozone NAAQS and have been historically stable and
that it has met the other maintenance plan requirements. ADEM submitted
this LMP for the Birmingham Area to fulfill the second maintenance plan
requirement in the Act. EPA's evaluation of the Birmingham Area LMP is
presented below.
In January of 2006, ADEM submitted to EPA a request to redesignate
the Birmingham Area to attainment for the 1997 8-hour ozone NAAQS. This
submittal included a plan to provide for maintenance of the 1997 8-hour
ozone NAAQS in Birmingham through 2017 as a revision to the Alabama
SIP. EPA approved the Birmingham Area's maintenance plan and the
State's request to redesignate the Birmingham Area to attainment for
the 1997 8-hour ozone NAAQS effective June 12, 2006. See 71 FR 27631
(May 12, 2006).\9\
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\9\ After redesignation to attainment, the Birmingham area
violated the NAAQS with 2004-2006 monitoring data. On February 6,
2008, Alabama submitted a SIP revision to EPA to fulfill ADEM's
commitment to adopt, within 18 months of a violation of the 1997 8-
hour ozone NAAQS, one or more contingency measures to help the area
re-attain the standard. See 74 FR 37945.
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Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that
one consequence of revocation was that areas that had been redesignated
to attainment (i.e., maintenance areas) for the 1997 NAAQS no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b). See 80 FR 12264, 12315 (March 6, 2015).
In South Coast Air Quality Management District v. EPA, the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) vacated the EPA's interpretation that, because of the
revocation of the 1997 8-hour ozone NAAQS, second maintenance plans
were not required for ``orphan maintenance areas,'' i.e., areas that
had been redesignated to attainment for the 1997 8-hour ozone NAAQS
maintenance areas and were designated attainment for the 2008 ozone
NAAQS. South Coast, 882 F.3d 1138 (DC Cir. 2018). Thus, states with
these ``orphan maintenance areas'' under the 1997 8-hour ozone NAAQS
must submit maintenance plans for the second maintenance period.
Accordingly, on September 17, 2020, Alabama submitted a second
maintenance plan for the Birmingham Area that shows that the Area is
expected to remain in attainment of the 1997 8-hour ozone NAAQS through
2026.
In recognition of the continuing record of air quality monitoring
data showing ambient 8-hour ozone concentrations in the Birmingham Area
well below the 1997 8-hour ozone NAAQS, ADEM chose the LMP option for
the development of a second 1997 8-hour ozone NAAQS maintenance plan.
On September 16, 2020, ADEM adopted the second 10-year 1997 8-hour
ozone maintenance plan, and on September 17, 2020, ADEM submitted the
Birmingham Area LMP to EPA as a revision to the Alabama SIP.
III. Alabama's SIP Submittal
As mentioned above, on September 17, 2020, ADEM submitted the
Birmingham Area 1997 8-hour ozone NAAQS LMP to EPA as a revision to the
Alabama SIP. The submittal includes the LMP, air quality data,
emissions inventory information, and appendices as well as
certification of adoption of the plan by ADEM. Appendices to the plan
include EPA's Guidance Memorandum for Ozone Limited Maintenance Plans
and documentation of notice, hearing, and public participation prior to
adoption of the plan by ADEM on September 16, 2020. The Birmingham Area
LMP does not include any additional emissions reduction measures but
relies on the same emission reduction strategy as their first 10-year
maintenance plan that provides for the maintenance of the 1997 8-hour
ozone NAAQS through 2017. Specifically, the measures upon which the
second 10-year LMP for the Birmingham Area relies include, among other
things, continued implementation of federal measures (e.g., Tier 3
Motor
[[Page 7407]]
Vehicle Emission and Fuel Standards,\10\ NOX SIP Call,\11\
and interstate transport rules such as the Cross-State Air Pollution
Rule (CSAPR) \12\ and CSAPR Update \13\).
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\10\ See 79 FR 23414 (April 28, 2014).
\11\ See 63 FR 57355 (October 27, 1998).
\12\ See 76 FR 48208 (August 8, 2011).
\13\ See 81 FR 74504 (October 26, 2016).
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IV. EPA's Evaluation of Alabama's SIP Submittal
EPA has reviewed the Birmingham Area's LMP which is designed to
maintain the 1997 8-hour ozone NAAQS within Birmingham through the end
of the 20-year period beyond redesignation, as required under CAA
section 175A(b). The following is a summary of EPA's interpretation of
the section 175A requirements \14\ and EPA's evaluation of how each
requirement is met.
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\14\ See Calcagni memo.
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A. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day emissions of VOC and
NOX, as these pollutants are precursors to ozone formation.
The Birmingham LMP instead includes an ozone attainment inventory for
the Birmingham area that reflects annual emissions of VOC and
NOX in 2014. Table 1 presents a summary of the inventory for
2014 contained in the LMP.
Table 1--2014 VOC and NOX Emissions for the Birmingham Area
[Tons/year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Onroad mobile Nonroad mobile
Point source Area source source source Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC...................................................... 3,899.07 78,794.64 9,587.72 4,046.32 96,327.75
NOX...................................................... 31,365.76 7,679.80 17,394.50 3,470.60 59,910.66
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Attainment Emissions Inventory section of the Birmingham Area
LMP describes the methods, models, and assumptions used to develop the
attainment inventory and notes that ADEM relied on version 2 of the
2014 NEI.\15\ Point source emissions were calculated from data
collected annually from the sources and reported to the State or local
air agencies. Area source emissions were estimated by multiplying an
emission factor by some known indicator of collective activity, such as
fuel usage, and were estimated on the county level. Nonroad mobile
source emissions in the 2014NEIv2, in part, were estimated using the
latest version of the EPA's motor vehicles emission model, MOVES (which
includes estimates nonroad emissions like agriculture, commercial and
mining, industrial and recreational equipment, and commercial and
residential lawn and garden equipment). Locomotives, aircraft, and
marine nonroad sources are not included in MOVES, and ADEM relied on
EPA-generated emissions for these sectors.\16\ Onroad mobile sources in
the 2014NEIv2 were estimated using MOVES and the latest planning
assumptions regarding vehicle type, vehicle activity, and vehicle
speeds to estimate vehicular emissions for 2014. ADEM's estimates for
vehicles reflect emissions inventories and ancillary data files used
for emissions modeling, as well as the meteorological, initial
condition, and boundary condition files need to run the air quality
model.
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\15\ Documentation and data for the 2014 NEIv2 can be accessed
via the following website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
\16\ EPA developed emissions for these sectors based on AP-42
emissions factor, and information supplied by the Eastern Regional
Technical Advisory Committee for locomotives and Federal Aviation
Administration's Emissions and Dispersion Modeling System (since
replaced by the Aviation Environmental Design Tool).
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Although an ozone LMP would typically include an inventory of
typical summer day emissions rather than annual emissions, EPA proposes
to find that Alabama's annual inventory is sufficient here because the
2014 annual inventory data are consistent with 2014 summer emissions
inventory data for the Birmingham Area.\17\ Based on our review of the
methods, models, and assumptions used by Alabama to develop the
inventory, as well as our review of the 2014 summer emissions data, EPA
proposes to find that the Alabama 1997 ozone NAAQS LMP includes a
comprehensive, reasonably accurate inventory of actual ozone precursor
emissions in attainment year 2014, and proposes to conclude that this
is acceptable for the purposes of a subsequent maintenance plan under
CAA section 175A(b).
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\17\ The 2014 summer emissions data for the Birmingham Area are
from the EPA 2014 version 7.0 modeling platform, which is based on
the National Emissions Inventory (2014 NEI version 2), and are
available at https://www.epa.gov/sites/default/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx. The 2017 NEI is
the most recent NEI, but it was unavailable to Alabama when the
State developed its SIP revision.
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B. Maintenance Demonstration
The maintenance demonstration requirement is considered to be
satisfied in an LMP if the state can provide sufficient weight of
evidence indicating that air quality in the area is well below the
level of the standard, that past air quality trends have been shown to
be stable, and that the probability of the area experiencing a
violation over the second 10-year maintenance period is low.\18\ These
criteria are evaluated below with regard to the Birmingham Area.
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\18\ See footnote 6.
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1. Evaluation of Ozone Air Quality Levels
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the NAAQS is attained if the design value is 0.084 ppm or below. At
the time of submission, EPA evaluated quality assured and certified
2016-2018 monitoring data and determined that the design value for the
Birmingham Area was 0.067 ppm, or 79 percent of the level of the 1997
8-hour ozone NAAQS. Based on quality assured and certified monitoring
data for 2018-2020, the current design value for the Birmingham Area is
0.066 ppm, or 79 percent of the level of the 1997 8-hour ozone NAAQS.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85% of the
[[Page 7408]]
standard, or in this case below 0.071 ppm), then EPA considers the
state to have met the section 175A requirement for a demonstration that
the area will maintain the NAAQS for the requisite period. Such a
demonstration assumes continued applicability of prevention of
significant deterioration requirements and any control measures already
in the SIP and that Federal measures will remain in place through the
end of the second 10-year maintenance period, absent a showing
consistent with section 110(l) that such measures are not necessary to
assure maintenance.
Table 2 presents the 2014-2020 design values for each monitor in
the Birmingham Area. As shown in Table 2, all sites have been well
below the level of the 1997 8-hour ozone NAAQS during that time period,
and the most current design value is below the level of 85 percent of
the NAAQS, consistent with prior LMP guidance.
Table 2--1997 8-Hour Ozone NAAQS 2014-2020 Design Values (ppm) at Monitoring Sites in the Birmingham Area \+\
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020
Location AQS site ID DV DV DV DV DV DV DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Helena......................................... 01-117-0004 0.068 0.065 0.067 0.066 0.067 0.066 0.065
Fairfield...................................... 01-073-1003 0.068 0.065 0.066 0.066 [caret] 0.067 0.066
0.064
McAdory........................................ 01-073-1005 0.068 0.064 0.066 0.065 0.065 0.066 0.066
Hoover......................................... 01-073-2006 0.067 0.065 0.066 0.066 (-) (-) (-)
Tarrant........................................ 01-073-6002 [caret] 0.067 0.068 0.068 (*) (*) (*)
0.070
Corner......................................... 01-073-5003 0.065 0.063 0.064 0.064 0.063 0.062 0.061
North Birmingham............................... 01-073-0023 0.067 0.064 0.068 0.066 0.065 (*) 0.066
Leeds.......................................... 01-073-1010 0.069 0.063 0.064 0.063 0.066 0.064 0.063
--------------------------------------------------------------------------------------------------------------------------------------------------------
\+\ The Metropolitan Statistical Area (MSA) is required to have a minimum of two ozone monitoring sites. The MSA still maintains seven regulatory ozone
monitoring sites offering adequate coverage of the MSA.
* These design values are invalid due to data completeness issues.
- The Hoover monitor (Site ID 01-073-2006) was approved to be shut down at the end of October 31, 2017, through the annual network plan review process.
[caret] The data handling methodology associated with the 1997 8-hour ozone NAAQS was used to calculate these 2014-2020 DVs. Using this appropriate
methodology, two DVs were calculated as being slightly lower (0.001 ppm lower) than what was included in ADEMS's submittal.
Therefore, the Birmingham Area is eligible for the LMP option, and
EPA proposes to find that the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NOX emissions control programs, adequately
provide for the maintenance of the 1997 8-hour ozone NAAQS in the Area
through the second 10-year maintenance period and beyond.
Additional supporting information that the Area is expected to
continue to maintain the NAAQS can be found in projections of future
year design values that EPA recently completed for the Revised CSAPR
Update for the 2008 Ozone NAAQS that EPA finalized on April 30,
2021.\19\ Those projections, made for the year 2023, show that the
highest design value of any monitor in the Area is expected to be 0.056
ppm. EPA is not proposing to make any finding in this rulemaking
regarding interstate transport obligations for any state.
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\19\ On April 30, 2021, EPA published the final Revised Cross-
State Air Pollution (CSAPR) Update (RCU) using updated modeling that
focused on analytic years 2023 and 2028 and an ``interpolation''
analysis of these modeling results to generate air quality and
contribution values for the 2021 analytic year. See 86 FR 23054.
https://www.govinfo.gov/content/pkg/FR-2021-04-30/pdf/2021-05705.pdf. This modeling included projected ozone design values for
ozone monitors in the Birmingham maintenance area. See the
spreadsheet titled ``Data File with Ozone Design Values and Ozone
Contributions (xlsx)'' at https://www.epa.gov/csapr/revised-cross-state-air-pollution-rule-update.
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2. Stability of Ozone Levels
As discussed above, the Birmingham Area has maintained air quality
well below the 1997 8-hour ozone NAAQS over the past seven years.
Additionally, the design value data shown within Table 2 illustrates
that ozone levels have been relatively stable over this timeframe, with
a modest downward trend. For example, the data within Table 2 indicates
that the largest year over year change in design value at any one
monitor during these seven years was six parts per billion which
occurred between the 2014 and 2015 design values, representing a nine
percent decrease at monitor 01-073-1010 (Leeds). Furthermore, the
overall trend for the Birmingham Area shows a decrease of three percent
between the 2014 and 2017 design values at the highest monitor, Tarrant
monitor 01-073-6002, and shows a decrease of nine percent between the
2014 and 2020 design values at the second-highest monitor, Leeds
monitor 01-073-1010. This downward trend in ozone levels, coupled with
the relatively small, year-over-year variation in ozone design values,
makes it reasonable to conclude that the Birmingham Area will not
exceed the 1997 8-hour ozone NAAQS during the second 10-year
maintenance period.
C. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring network that ADEM and
Jefferson County Department of Health (JCDH) operates and maintains in
accordance with 40 CFR part 58. This network plan, which is submitted
annually to EPA, is consistent with the most recent ambient air quality
monitoring network assessment. The annual network plan developed by
ADEM follows a public notification and review process. EPA has reviewed
and approved the 2020 Ambient Air Monitoring Network Plan (``2020
Annual Network Plan'').\20\
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\20\ The letters approving the network plan are in the docket
for this proposed rulemaking.
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To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 40 CFR part 58. As noted above, ADEM and JCDH's
monitoring network in Birmingham has been approved by EPA in accordance
with 40 CFR part 58, and the State and JCDH have committed to continue
to maintain a network in accordance with EPA requirements. EPA proposes
to find that ADEM and JCDH's monitoring network is adequate to verify
continued attainment of the 1997 8-hour ozone NAAQS in Birmingham.
D. Contingency Plan
Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or to promptly remedy any
NAAQS violations that might occur during the
[[Page 7409]]
maintenance period. These contingency measures are required to be
implemented expeditiously once they are triggered by a future violation
of the NAAQS or some other trigger. The state should identify specific
triggers which will be used to determine when the contingency measures
need to be implemented.
The LMP states that the initial trigger of Alabama's contingency
plan is when any individual monitor in the Birmingham Area records an
annual fourth high reading of 85 ppb or higher. If this trigger is
activated and ambient monitoring data indicates that a violation of the
3-year design value may be imminent, the maintenance plan requires
Alabama to evaluate existing control measures to determine whether any
further emission reduction measures should be implemented at that time.
The second contingency plan trigger will be a quality assured/quality
controlled (QA/QC) violating design value of the 1997 8-hour ozone
NAAQS at any monitor in the Birmingham Area.\21\ As expeditiously as
possible and within 18 to 24 months after a monitored violation,
Alabama will adopt and implement appropriate contingency measures
needed to assure future attainment.\22\ In addition to at least one
contingency measure being implemented upon a monitored violation,
pursuant to CAA section 175A(d), all control measures in place prior to
redesignation to attainment will remain in place.
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\21\ If QA/QC data indicates a violating design value for the 8-
hour ozone NAAQS, then the triggering event will be the date of the
design value violation, and not the final QA/QC date. However, if
initial monitoring data indicates a possible design value violation
but later QA/QC indicates that a NAAQS violation did not occur, then
a triggering event will not have occurred, and contingency measures
will not need to be implemented.
\22\ See the Contingency Plan section of the LMP for further
information regarding the contingency plan, including measures that
Alabama will consider for adoption if a monitored violation occurs.
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EPA proposes to find that the contingency provisions in Alabama's
second maintenance plan for the 1997 8-hour ozone NAAQS meet the
requirements of the CAA section 175A(d).
E. Conclusion
EPA proposes to find that the Birmingham LMP for the 1997 8-hour
ozone NAAQS includes an approvable update of the various elements
(including attainment inventory, assurance of adequate monitoring and
verification of continued attainment, and contingency provisions) of
the initial EPA-approved maintenance plan for the 1997 8-hour ozone
NAAQS. EPA also proposes to find that the Birmingham Area, a former
subpart 1 marginal 1997 8-hour ozone NAAQS nonattainment area,
qualifies for the LMP option, and adequately demonstrates maintenance
of the 1997 8-hour ozone NAAQS through the documentation of monitoring
data showing maximum 1997 8-hour ozone levels below the NAAQS and
historically stable design values. EPA believes the Birmingham Area's
LMP, which retains all existing control measures in the SIP, is
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in
the Area over the second maintenance period (i.e., through 2026) and
thereby satisfies the requirements for such a plan under CAA section
175A(b). EPA is therefore proposing to approve Alabama's September 17,
2020, submission of the Birmingham Area 1997 8-hour ozone NAAQS LMP as
a revision to the Alabama SIP.
V. Transportation Conformity and General Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B).
EPA's transportation conformity rule at 40 CFR part 93 subpart A
requires that transportation plans, programs, and projects conform to
SIPs and establishes the criteria and procedures for determining
whether they conform. The conformity rule generally requires a
demonstration that emissions from the Regional Transportation Plan
(RTP) and the Transportation Improvement Program (TIP) are consistent
with the motor vehicles emissions budget (MVEB) contained in the
control strategy SIP revision or maintenance plan. See 40 CFR 93.101,
93.118, and 93.124. A MVEB is defined as ``the portion of the total
allowable emissions defined in the submitted or approved control
strategy implementation plan revision or maintenance plan for a certain
date for the purpose of meeting reasonable further progress milestones
or demonstrating attainment or maintenance of the NAAQS, for any
criteria pollutant or its precursors, allocated to highway and transit
vehicle use and emissions.'' See 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emissions analysis. See 40 CFR 93.109(e). On
February 23, 2006, EPA made a finding that the MVEBs in the first 10
years of the 1997 8-hour ozone maintenance plan for the Birmingham Area
were adequate for transportation conformity purposes. See 71 FR 9332
(February 23, 2006). This adequacy determination became effective on
March 10, 2006. After approval of this LMP or an adequacy finding for
this LMP, there is no requirement to meet the budget test pursuant to
the transportation conformity rule for the maintenance area. All
actions that would require a transportation conformity determination
for the Birmingham Area ozone maintenance area under EPA's
transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for
this LMP. See 69 FR 40004 (July 1, 2004).
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs, and projects.
Specifically, for such determinations, RTPs, TIPs and transportation
projects still will have to demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet the criteria for consultation (40
CFR 93.105) and Transportation Control Measure implementation in the
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot
requirements for projects (40 CFR 93.116).\23\ Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved they must come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR 93.115.
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\23\ A conformity determination that meets other applicable
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is
still required, including the hot-spot requirements for projects in
CO, PM10, and PM2.5 areas.
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VI. Proposed Action
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the Birmingham Area LMP for
the 1997 8-hour ozone NAAQS, submitted by ADEM on September 17, 2020,
as a revision to the Alabama SIP. EPA is proposing to approve the
Birmingham Area LMP because it includes an acceptable update of the
various elements of the 1997 8-hour ozone
[[Page 7410]]
NAAQS maintenance plan approved by EPA for the first 10-year period and
retains the relevant provisions of the SIP.
EPA also finds that the Birmingham Area qualifies for the LMP
option and that, therefore, the Birmingham Area LMP adequately
demonstrates maintenance of the 1997 8-hour ozone NAAQS through
documentation of monitoring data showing maximum 1997 8-hour ozone
levels well below the NAAQS and continuation of existing control
measures. EPA believes the Birmingham Area's 1997 8-hour ozone LMP to
be sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS
in the Birmingham Area over the second 10-year maintenance period,
through 2026, and thereby satisfy the requirements for such a plan
under CAA section 175A(b).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
reporting and recordkeeping Requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-02683 Filed 2-8-22; 8:45 am]
BILLING CODE 6560-50-P
