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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R04-OAR-2007-0359-200736; FRL-8475-9]
NOTICE: RULES
ACTION: Air quality implementation plans:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans; Alabama; Clean Air Interstate Rule
DATES: This rule is effective on October 31, 2007.
DOCUMENT SUMMARY: EPA is taking final action to approve a revision to the
Alabama State Implementation Plan (SIP) submitted on March 7, 2007. The
Alabama Department of Environmental Management (ADEM) also previously
submitted a final submittal dated June 16, 2006, which was subsequently
updated in a prehearing request for parallel processing on November 16,
2006, to comply with EPA's revisions to the model rule. Alabama's final
March 7, 2007, submittal replaces the State's June 16, 2006, and
November 16, 2006, submittals. This revision addresses the requirements
of EPA's Clean Air Interstate Rule (CAIR) promulgated on May 12, 2005,
and subsequently revised on April 28, 2006, and December 13, 2006. EPA
has determined that the SIP revision fully implements the CAIR
requirements for Alabama. As a result of this action, EPA will also withdraw, through a separate rulemaking, the CAIR Federal
Implementation Plans (FIPs) concerning sulfur dioxide (SO
CAIR requires States to reduce emissions of SO
SUMMARY: Air quality implementation plans; approval and promulgation; various States; Alabama,
SUPPLEMENTAL INFORMATION
Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA.Table of Contents
I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs? III. What Are the General Requirements of CAIR and the CAIR FIPs? IV. Analysis of Alabama's CAIR SIP Submittal
A. State Budgets for Allowance Allocations
B. CAIR CapandTrade Programs
C. NO
D. Allocation of NO
E. Individual Optin Units
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve a revision to Alabama's SIP
submitted on March 7, 2007. In its SIP revision, Alabama has met the
CAIR requirements by requiring certain electric generating units (EGUs)
to participate in the EPAadministered State CAIR capandtrade
programs addressing SO
NO
EPA proposed to approve Alabama's request to amend the SIP on July
12, 2007 (72 FR 38045). In that proposal, EPA also stated its intent to
withdraw the FIP, as described above. The comment period closed on
August 13, 2007. No comments were received. EPA is finalizing the
approval as proposed based on the rationale stated in the proposal and in this final action.
II. What is the Regulatory History of CAIR and the CAIR FIPs?
The CAIR was published by EPA on May 12, 2005 (70 FR 25162). In
this rule, EPA determined that 28 States and the District of Columbia
contribute significantly to nonattainment and interfere with
maintenance of the NAAQS for PM
PM
CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8hour
ozone and PM
PM
III. What Are the General Requirements of CAIR and the CAIR FIPs?
CAIR establishes Statewide emission budgets for SO
The May 12, 2005, and April 28, 2006, CAIR rules provide model rules that States must adopt (with certain limited changes, if desired) if they want to participate in the EPAadministered trading programs.
With two exceptions, only States that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPAadministered trading programs. One
exception is for States that adopt the optin provisions of the model
rules to allow nonEGUs individually to opt into the EPAadministered
trading programs. The other exception is for States that include all
nonEGUs from their NO
IV. Analysis of Alabama's CAIR SIP Submittal
A. State Budgets for Allowance Allocations
In this action, EPA is taking final action to approve Alabama's SIP
revision that adopts the following budgets for the State, i.e., 69,020
(20092014) and 57,517 (2015thereafter) tons for NO
NO
[[Page 55661]]
for allocation for each year under the EPAadministered capandtrade programs.
B. CAIR CapandTrade Programs
The CAIR NO
NO
The provisions of the CAIR SO
EPA also used the CAIR model trading rules as the basis for the
trading programs in the CAIR FIPs. The CAIR FIP trading rules are
virtually identical to the CAIR model trading rules, with changes made
to account for Federal rather than State implementation. The CAIR model
SO
In the SIP revision, Alabama has chosen to implement its CAIR
budgets by requiring EGUs to participate in EPAadministered capand
trade programs for SO
C. Applicability Provisions for NonEGU NOX SIP Call Sources
In general, the CAIR model trading rules apply to any stationary, fossilfuelfired boiler or stationary, fossilfuelfired combustion turbine serving at any time, since the later of November 15, 1990 or the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale.
States have the option of bringing in, for the CAIR NO
Alabama has chosen to expand the applicability provisions of the
CAIR NO
Under the NO
States may establish in their SIP submissions a different
NO
Alabama has chosen to replace the provisions of the CAIR
NO
interpretation of Alabama's rules. Additionally, Alabama's CAIR
NO
Finally, Alabama's CAIR NO
NO
[[Page 55662]]
(in Rule 3353.8.29(3)(d)1.(i)) states that, if a unit was allocated
more allowances under the NO
EPA is taking final action to approve the abovedescribed
variations in Alabama's rule from the model rule provisions because the
changes are consistent with the flexibility that CAIR provides States with regard to allocation methodologies.
E. Allocation of NOX Allowances From the Compliance Supplement Pool
The CAIR establishes a compliance supplement pool to provide an
incentive for early reductions in NO
The CAIR annual NO
Alabama has chosen to modify the provisions from the CAIR
NO
F. Individual OptIn Units
The optin provisions of the CAIR SIP model trading rules allow
certain nonEGUs (i.e., boilers, combustion turbines, and other stationary fossilfuelfired devices) that do not meet the
applicability criteria for a CAIR trading program to participate
voluntarily in (i.e., opt into) the CAIR trading program. A nonEGU may
opt into one or more of the CAIR trading programs. In order to qualify
to opt into a CAIR trading program, a unit must vent all emissions
through a stack and be able to meet monitoring, recordkeeping, and
recording requirements of 40 CFR part 75. The owners and operators
seeking to opt a unit into a CAIR trading program must apply for a CAIR
optin permit. If the unit is issued a CAIR optin permit, the unit
becomes a CAIR unit, is allocated allowances, and must meet the same
allowanceholding and emissions monitoring and reporting requirements
as other units subject to the CAIR trading program. The optin
provisions provide for two methodologies for allocating allowances for
optin units, one methodology that applies to optin units in general
and a second methodology that allocates allowances only to optin units
that the owners and operators intend to repower before January 1, 2015.
States have several options concerning the optin provisions. States may adopt the CAIR optin provisions entirely or may adopt them but exclude one of the methodologies for allocating allowances. States may also decline to adopt the optin provisions at all.
Alabama has chosen to allow nonEGUs meeting certain requirements
to opt into the CAIR trading programs by adopting by reference the
entirety of EPA's model rule provisions for optin units in the CAIR
SO
V. Final Action
EPA is taking final action to approve Alabama's full CAIR SIP
revision submitted on March 7, 2007. Under this SIP revision, Alabama
is choosing to participate in the EPAadministered capandtrade
programs for SO
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For [[Page 55663]]
this reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and would
impose no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action approves preexisting requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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. 1044).
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it approves a State rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 30, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 21, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart BAlabama
2. Section 52.50(c) is amended by:
a. Under Chapter 33535 add in numerical order new entries for ``335 35.06,'' ``33535.07,'' ``33535.08,'' ``33535.11,'' ``3353
5.12,'' ``33535.13,'' and ``33535.14,''
b. Under Chapter 33538 revise entries for ``33538.05,'' and ``335 38.10,''
c. Under Chapter 33538 add in numerical order new entries for ``335 38.16,'' ``33538.17,'' 33538.18,'' 33538.20,'' 3353
8.21,'' ``33538.23,'' ``33538.24,'' ``3358.25,'' 3353
8.26,'' ``33538.27,'' ``33538.29,'' ``33538.30,'' ``3353
8.32,'' and ``33538.33.''
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPAApproved Alabama Regulations
State
State citation Title/subject effective date EPA approval date Explanation
Chapter 33535Control of Sulfur Compound Emissions
* * * * * * *
33535.06....................... State Clean Air 04/03/07 10/01/07 [Insert citation of .....................................
Interstate Rule publication]. (CAIR) SO2 Trading
Program Provisions.
33535.07....................... CAIR Designated 04/03/07 10/01/07 [Insert citation of .....................................
Representative for publication]. CAIR SO2 Sources.
33535.08....................... Permits.............. 04/03/07 10/01/07 [Insert citation of .....................................
publication].
33535.11....................... CAIR SO2 Allowance 04/03/07 10/01/07 [Insert citation of .....................................
Tracking System. publication]. [[Page 55664]]
33535.12....................... CAIR SO2 Allowance 04/03/07 10/01/07 [Insert citation of .....................................
Transfers. publication].
33535.13....................... Monitoring and 04/03/07 10/01/07 [Insert citation of .....................................
Reporting. publication].
33535.14....................... CAIR SO2 OptIn Units 04/03/07 10/01/07 [Insert citation of .....................................
publication].
* * * * * * *
Chapter 33538Control of Nitrogen Oxide Emissions
* * * * * * *
33538.05....................... NOX Budget Trading 04/03/07 10/01/07 [Insert citation of .....................................
Program. publication].
* * * * * * *
33538.10....................... NOX Allowance 04/03/07 10/01/07 [Insert citation of .....................................
Tracking System. publication].
* * * * * * *
33538.16....................... CAIR NOX Annual 04/03/07 10/01/07 [Insert citation of .....................................
Budget Trading publication]. Program.
33538.17....................... CAIR Designated 04/03/07 10/01/07 [Insert citation of .....................................
Representative for publication]. CAIR NOX Sources.
33538.18....................... CAIR Permits......... 04/03/07 10/01/07 [Insert citation of .....................................
publication].
33538.20....................... CAIR NOX Allowance 04/03/07 10/01/07 [Insert citation of .....................................
Allocations. publication].
33538.21....................... CAIR NOX Allowance 04/03/07 10/01/07 [Insert citation of .....................................
Tracking System. publication].
33538.23....................... CAIR Monitoring and 04/03/07 10/01/07 [Insert citation of .....................................
Reporting. publication].
33538.24....................... CAIR NOX OptIn Units 04/03/07 10/01/07 [Insert citation of .....................................
publication].
33538.25....................... CAIR NOX Ozone Season 04/03/07 10/01/07 [Insert citation of .....................................
Trading Program. publication].
33538.26....................... CAIR Designated 04/03/07 10/01/07 [Insert citation of
Representative for publication]. CAIR NOX Ozone
Season Sources.
33538.27....................... CAIR NOX Ozone Season 04/03/07 10/01/07 [Insert citation of .....................................
Permits. publication].
33538.29....................... CAIR NOX Ozone Season 04/03/07 10/01/07 [Insert citation of .....................................
Allowance publication]. Allocations.
33538.30....................... CAIR NOX Ozone Season 04/03/07 10/01/07 [Insert citation of .....................................
Allowance Tracking publication]. System.
33538.32....................... CAIR NOX Ozone Season 04/03/07 10/01/07 [Insert citation of .....................................
Monitoring and publication]. Reporting.
33538.33....................... CAIR NOX Ozone Season 04/03/07 10/01/07 [Insert citation of .....................................
OptIn Units. publication].
* * * * * * * * * * * *
[FR Doc. E719352 Filed 92807; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 303038960. The telephone number is (404)
5629042. Ms. Harder can also be reached via electronic mail at
harder.stacy@epa.gov.
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