[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Proposed Rules]
[Pages 70091-70105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29183]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2011-0043-201110; FRL-9490-6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Alabama; Redesignation of 
the Birmingham 2006 24-Hour Fine Particulate Matter Nonattainment Area 
to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 17, 2010, the State of Alabama, through the Alabama 
Department of Environmental Management (ADEM), Air Division, submitted 
a request for EPA to redesignate the Birmingham fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
``Birmingham Area'' or ``Area'') to attainment for the 2006 24-hour 
PM2.5 National Ambient Air Quality Standards (NAAQS); and to 
approve a State Implementation Plan (SIP) revision containing a 
maintenance plan for the Area. The Birmingham 2006 24-hour 
PM2.5 nonattainment area is comprised of Jefferson and 
Shelby Counties in their entireties and a portion of Walker County. EPA 
is proposing to approve the redesignation request for the Birmingham 
Area, along with the related SIP revision, including Alabama's 2009 
emissions inventory for the Area and Alabama's plan for maintaining 
attainment of the PM2.5 standard in the Area. EPA is also 
proposing to approve the motor vehicle emission budgets (MVEBs) for 
nitrogen oxides (NOX) and PM2.5 for the year 2024 
for the Birmingham Area. These actions are being proposed pursuant to 
the Clean Air Act (CAA or Act) and its implementing regulations.

DATES: Comments must be received on or before December 12, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0043, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2011-0043, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0043. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI

[[Page 70092]]

or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey of the Regulatory 
Development Section, in the Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Joel Huey 
may be reached by phone at (404) 562-9104, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of Alabama's proposed NOX and 
PM2.5 MVEBs for the Birmingham Area?
VII. What is the status of EPA's adequacy determination for the 
proposed NOX and PM2.5 MVEBs for 2024 for the 
Birmingham area?
VIII. What is EPA's analysis of the proposed 2009 base year 
emissions inventory for the Birmingham area?
IX. Proposed Action on the Redesignation Request and Maintenance 
Plan SIP Revision Including Proposed Approval of the 2024 
NOX and PM2.5 MVEBs for the Birmingham Area
X. What is the effect of EPA's proposed actions?
XI. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following three separate but related 
actions, some of which involve multiple elements: (1) To redesignate 
the Birmingham Area to attainment for the 2006 24-hour PM2.5 
NAAQS, provided EPA approves the emissions inventory submitted with the 
maintenance plan; (2) to approve, under CAA section 172(c)(3), the 
emissions inventory submitted with the maintenance plan; and (3) to 
approve into the Alabama SIP, under section 175A of the CAA, Alabama's 
2006 24-hour PM2.5 NAAQS maintenance plan, including the 
associated MVEBs (EPA is also notifying the public of the status of 
EPA's adequacy determination for the Birmingham Area MVEBs for the 
PM2.5 NAAQS). These actions are summarized below and 
described in greater detail throughout this notice of proposed 
rulemaking.
    First, EPA proposes to determine that, if EPA finalizes approval of 
the 2009 baseline emissions inventory for the Birmingham Area, the Area 
has met the requirements for redesignation under section 107(d)(3)(E) 
of the CAA. In this action, EPA is proposing to approve a request to 
change the legal designation of Jefferson and Shelby Counties in their 
entireties and the designated portion of Walker County in the 
Birmingham Area from nonattainment to attainment for the 2006 24-hour 
PM2.5 NAAQS. As discussed below, the emissions inventory is 
being proposed for approval today.
    Second, EPA is proposing to approve Alabama's 2009 emissions 
inventory for the Birmingham Area (under CAA section 172(c)(3)). 
Alabama selected 2009 as the attainment emissions inventory year for 
the Birmingham Area. This attainment inventory identifies a level of 
emissions in the Area that is sufficient to attain the 2006 24-hour 
PM2.5 NAAQS and is a current, comprehensive inventory that 
meets the requirements of section 172(c)(3).
    Third, EPA is proposing to approve Alabama's 2006 24-hour 
PM2.5 NAAQS maintenance plan for the Birmingham Area as 
meeting the requirements of section 175A (such approval being one of 
the CAA criteria for redesignation to attainment status). The recently 
promulgated Cross State Air Pollution Rule (CSAPR),\1\ requires 
reductions of NOX and SO2 associated with power 
plants to be permanent and enforceable. The maintenance plan is 
designed to help keep the Birmingham Area in attainment of the 2006 24-
hour PM2.5 NAAQS through 2024. Consistent with the CAA, the 
maintenance plan that EPA is proposing to approve today also includes 
NOX and PM2.5 MVEBs for the year 2024 for the 
Birmingham Area. EPA is proposing to approve (into the Alabama SIP) the 
2024 MVEBs that are included as part of Alabama's maintenance plan for 
the 2006 24-hour PM2.5 NAAQS.
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    \1\ See ``Federal Implementation Plans to Reduce Interstate 
Transport of Fine Particulate Matter and Ozone in 27 States; 
Correction of SIP Approvals for 22 States'' (76 FR 48208, August 8, 
2011).
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    On a matter related matter to this third action, EPA is also 
notifying the public of the status of EPA's adequacy process for the 
newly-established NOX and PM2.5 MVEBs for 2024 
for the Birmingham Area. ADEM submitted MVEBs for NOX and 
PM2.5 in its original June 17, 2010, redesignation request. 
On May 2, 2011, ADEM submitted additional revisions to the MVEBs for 
the 24-hour redesignation request.\2\ The adequacy comment period for 
the new Birmingham Area 2024 MVEBs began on March 24, 2011, with EPA's 
posting of the availability of this submittal on EPA's Adequacy Web 
site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). 
The adequacy comment period for these MVEBs closed on April 25, 2011. 
No adverse comments were received during the adequacy public comment 
period. Please see section VII of this proposed rulemaking for further 
explanation of

[[Page 70093]]

this process and for more details on the MVEBs.
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    \2\ On March 2, 2011, ADEM submitted a proposed revision to the 
24-hour NOX and PM2.5 MVEBs originally 
submitted on June 17, 2010. The final MVEBs were submitted on May 2, 
2011, with ADEM's 1997 Annual PM2.5 NAAQS redesignation 
submittal. A copy of the submittal is included in the docket for 
this proposed rulemaking (EPA-R04-OAR-2011-0043) and can be obtained 
from the www.regulations.gov Web site.
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    Today's notice of proposed rulemaking is in response to Alabama's 
June 17, 2010, SIP submittal and subsequent supplement of May 2, 2011. 
Those documents addresses the specific issues summarized above and the 
necessary elements described in section 107(d)(3)(E) of the CAA for 
redesignation of the Birmingham Area to attainment of the 2006 24-hour 
PM2.5 NAAQS.

II. What is the background for EPA's proposed actions?

    Fine particle pollution can be emitted directly or formed 
secondarily in the atmosphere. The main precursors of PM2.5 
are sulfur dioxide (SO2), NOX, ammonia and 
volatile organic compounds (VOC). Unless otherwise noted by the State 
or EPA, ammonia and VOCs are presumed to be insignificant contributors 
to PM2.5 formation, whereas SO2 and 
NOX are presumed to be significant contributors to 
PM2.5 formation. Sulfates are a type of secondary particle 
formed from SO2 emissions of power plants and industrial 
facilities. Nitrates, another common type of secondary particle, are 
formed from NOX emissions of power plants, automobiles, and 
other combustion sources.
    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations. In the same rulemaking, 
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006, at 71 FR 61144, EPA retained the annual average NAAQS at 15 
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again 
on the 3-year average of the 98th percentile of 24-hour 
concentrations.\3\ Under EPA regulations at 40 CFR part 50, the primary 
and secondary 2006 24-hour PM2.5 NAAQS are attained when the 
annual arithmetic mean concentration, as determined in accordance with 
40 CFR part 50, Appendix N, is less than or equal to 35 [micro]g/m\3\ 
at all relevant monitoring sites in the subject area over a 3-year 
period.
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    \3\ In response to legal challenges of the annual standard 
promulgated in 2006, the United States Court of Appeals for the 
District of Columbia Circuit (DC Circuit) remanded this NAAQS to EPA 
for further consideration. See American Farm Bureau Federation and 
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (DC 
Circuit 2009). However, given that the 1997 and 2006 annual NAAQS 
are essentially identical, attainment of the 1997 Annual NAAQS would 
also indicate attainment of the remanded 2006 Annual NAAQS.
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    On January 5, 2005, at 70 FR 944, and supplemented on April 14, 
2005, at 70 FR 19844, EPA designated the Birmingham Area as 
nonattainment for the 1997 PM2.5 NAAQS based upon air 
quality data for calendar years 2001-2003. In that action, EPA defined 
the 1997 PM2.5 Birmingham nonattainment area to include 
Jefferson and Shelby Counties in their entireties and a portion Walker 
County. On November 13, 2009, at 74 FR 58688, EPA promulgated 
designations for the 2006 PM2.5 NAAQS, designating the 
Birmingham Area (with the same boundaries as for the 1997 
PM2.5 nonattainment area) as nonattainment for the 2006 24-
hour PM2.5 NAAQS based upon air quality data for calendar 
years 2006-2008. That action also clarified that the Birmingham Area 
was classified unclassifiable/attainment for the 1997 24-hour 
PM2.5 NAAQS. EPA did not promulgate designations for the 
annual average NAAQS promulgated in 2006 since that NAAQS was 
essentially identical to the 1997 annual PM2.5 NAAQS. 
Therefore, the Birmingham Area is designated nonattainment for the 
annual NAAQS promulgated in 1997 and for the 24-hour NAAQS promulgated 
in 2006. Today's action only addresses the designation for the 24-hour 
NAAQS promulgated in 2006.
    All 2006 PM2.5 NAAQS areas were designated under subpart 
1 of title I, part D, of the CAA. Subpart 1 contains the general 
requirements for nonattainment areas for any pollutant governed by a 
NAAQS and is less prescriptive than the other subparts of title I, part 
D. On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 implementation rule, codified at 40 CFR part 51, 
subpart Z, in which the Agency provided guidance for state and Tribal 
plans to implement the PM2.5 NAAQS. This rule, at 40 CFR 
51.1004(c), specifies some of the regulatory impacts of attaining the 
NAAQS, as discussed below.
    On May 12, 2005, EPA published the Clean Air Interstate Rule 
(CAIR), which addressed the interstate transport requirements of the 
CAA and required states to significantly reduce SO2 and 
NOX emissions from power plants (70 FR 25162). The 
associated Federal Implementation Plans (FIPs) were published on April 
28, 2006 (71 FR 25328). However, on July 11, 2008, the DC Circuit Court 
issued its decision to vacate and remand both CAIR and the associated 
CAIR FIPs in their entirety (North Carolina v. EPA, 531 F.3d 836 (DC 
Cir., 2008)). EPA petitioned for rehearing, and the Court issued an 
order remanding CAIR to EPA without vacating either CAIR or the CAIR 
FIPs (North Carolina v. EPA, 550 F.3d 1176 (DC Cir., 2008)). The Court 
left CAIR in place to ``temporarily preserve the environmental values 
covered by CAIR'' until EPA replaces it with a rule consistent with the 
Court's opinion. Id. at 1178. The Court directed EPA to ``remedy CAIR's 
flaws'' consistent with its July 11, 2008, opinion but declined to 
impose a schedule on EPA for completing that action. Id. As a result of 
these court rulings, the power plant emission reductions that resulted 
solely from the development, promulgation, and implementation of CAIR, 
and the associated contribution to air quality improvement that 
occurred solely as a result of CAIR in the Birmingham Area could not be 
considered to be permanent.
    On August 8, 2011, EPA published CSAPR in the Federal Register 
under the title, ``Federal Implementation Plans to Reduce Interstate 
Transport of Fine Particulate Matter and Ozone in 27 States; Correction 
of SIP Approvals for 22 States'' (76 FR 48208, August 8, 2011) to 
address interstate transport of emissions and resulting secondary air 
pollutants and to replace CAIR. The CAIR emission reduction 
requirements limit emissions in Alabama and states upwind of Alabama 
through 2011, and CSAPR requires similar or greater reductions in the 
relevant areas in 2012 and beyond. The emission reductions that CSAPR 
mandates may be considered to be permanent and enforceable. In turn, 
the air quality improvement in the Birmingham Area that has resulted 
from electric generating units (EGUs) emission reductions associated 
with CAIR (as well as the additional air quality improvement that would 
be expected to result from full implementation of CSAPR) may also be 
considered to be permanent and enforceable. EPA proposes that the 
requirement in section 107(d)(3)(E)(iii) has now been met because the 
emission reduction requirements of CAIR address emissions through 2011 
and EPA has now promulgated CSAPR which requires similar or greater 
reductions in the relevant areas in 2012 and beyond. Because the 
emission reduction requirements of CAIR are enforceable through the 
2011 control period, and because CSAPR has now been promulgated to 
address the requirements previously addressed by CAIR and gets similar 
or greater reductions in the relevant areas in 2012 and beyond, EPA is 
proposing to determine that the pollutant transport

[[Page 70094]]

part of the reductions that led to attainment in the Birmingham Area 
can now be considered permanent and enforceable. Therefore, EPA 
proposes to find that the transport requirement of CAA section 
107(d)(3)(E)(iii) has been met for the Birmingham Area.
    The 3-year ambient air quality data for 2007-2009 indicated no 
violations of the 2006 PM2.5 NAAQS for the Birmingham Area. 
As a result, on June 17, 2010, Alabama requested redesignation of the 
Birmingham Area to attainment for the 2006 24-hour PM2.5 
NAAQS. The redesignation request included three years of complete, 
quality-assured ambient air quality data for the 2006 24-hour 
PM2.5 NAAQS for 2007-2009, indicating that the 2006 24-hour 
PM2.5 NAAQS had been achieved for the Birmingham Area. Under 
the CAA, nonattainment areas may be redesignated to attainment if 
sufficient, complete, quality-assured data is available for the 
Administrator to determine that the area has attained the standard and 
the area meets the other CAA redesignation requirements in section 
107(d)(3)(E). From 2007 through the present, the 24-hour 
PM2.5 design values for the Birmingham Area have declined. 
While 24-hour PM2.5 concentrations are dependent on a 
variety of conditions, the overall downtrend in PM2.5 
concentrations in the Birmingham Area can be attributed to the 
reduction of emissions, as will be discussed in more detail in section 
V of this proposed rulemaking.

III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing the following criteria are met: (1) 
The Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of section 175A; and (5) the 
state containing such area has met all requirements applicable to the 
area under section 110 and part D of title I of the CAA.
    EPA has provided guidance on redesignation in the General Preamble 
for the Implementation of title I of the CAA Amendments of 1990 (April 
16, 1992, 57 FR 13498, and supplemented on April 28, 1992, 57 FR 18070) 
and has provided further guidance on processing redesignation requests 
in the following documents:

1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; and
3. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

IV. Why is EPA proposing these actions?

    On June 17, 2010, the State of Alabama, through ADEM, requested the 
redesignation of the Birmingham Area to attainment for the 2006 24-hour 
PM2.5 NAAQS. EPA's evaluation indicates that the Birmingham 
Area has attained the 2006 24-hour PM2.5 NAAQS and meets the 
requirements for redesignation set forth in section 107(d)(3)(E), 
including the maintenance plan requirements under section 175A of the 
CAA. As a result, EPA is proposing to take the three related actions 
summarized in section I of this notice.

V. What is EPA's analysis of the request?

    As stated above, in accordance with the CAA, EPA proposes in 
today's action to: (1) Redesignate the Birmingham Area to attainment 
for the 2006 24-hour PM2.5 NAAQS; (2) approve the Birmingham 
Area emissions inventory submitted with the maintenance plan; and (3) 
approve into the Alabama SIP Birmingham's 2006 24-hour PM2.5 
NAAQS maintenance plan, including the associated MVEBs. These actions 
are based upon EPA's determination that the Birmingham Area continues 
to attain the 2006 24-hour PM2.5 NAAQS and that all other 
redesignation criteria have been met for the Birmingham Area, provided 
EPA approves the emissions inventory submitted with the maintenance 
plan. The five redesignation criteria provided under CAA section 
107(d)(3)(E) are discussed in greater detail for the Area in the 
following paragraphs of this section.

Criteria (1)--The Birmingham Area has attained the 2006 24-hour PM2.5 
NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). EPA is proposing to determine that 
the Birmingham Area continues to attain the 2006 24-hour 
PM2.5 NAAQS. For PM2.5, an area may be considered 
to be attaining the 2006 24-hour PM2.5 NAAQS if it meets the 
2006 24-hour PM2.5 NAAQS, as determined in accordance with 
40 CFR 50.13 and Appendix N of part 50, based on three complete, 
consecutive calendar years of quality-assured air quality monitoring 
data. To attain these NAAQS, the 98th percentile 24-hour concentration, 
as determined in accordance with 40 CFR part 50, Appendix N, is less 
than or equal to 35 [mu]g/m\3\ at all relevant monitoring sites in the 
subject area over a 3-year period. The relevant data must be collected 
and quality-assured in accordance with 40 CFR part 58 and recorded in 
the EPA Air Quality System (AQS). The monitors generally should have 
remained at the same location for the duration of the monitoring period 
required for demonstrating attainment.
    On September 20, 2010, at 75 FR 57186, EPA determined that the 
Birmingham Area was attaining the 2006 24-hour PM2.5 NAAQS. 
For that action EPA reviewed PM2.5 monitoring data from 
monitoring stations in the Birmingham Area for the 2006 24-hour 
PM2.5 NAAQS for 2007-2009. These data have been quality-
assured and are recorded in AQS. EPA has reviewed more recent data 
which indicates that the Birmingham Area continues to attain the 2006 
24-hour PM2.5 NAAQS beyond the submitted 3-year attainment 
period of 2007-2009. The 98th percentiles of the PM2.5 
concentrations for 2007-2010 and the 3-year average of these values 
(i.e., design values) are summarized in Table 1. Data available to date 
in AQS for 2011, which have not yet been certified, indicate the 
Birmingham Area continues to attain the 2006 24-hour PM2.5 
NAAQS.

[[Page 70095]]



                              Table 1--Design Value Concentrations for the Birmingham 2006 24-Hour PM2.5 Area ([mu]g/m\3\)
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                                                                                          98th Percentile 24-hour concentrations        3-Year design
                                                                                       --------------------------------------------        values
                Location                             County               Monitor ID                                               ---------------------
                                                                                           2007       2008       2009       2010    2007-2009  2008-2010
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North Birmingham........................  Jefferson..................      01-073-0023       42.8       33.5       24.4       28.7         34         29
McAdory.................................  Jefferson..................      01-073-1005       30.9       25.8       21.3       22.7         26         23
Bruce Shaw Rd. (Providence).............  Jefferson..................      01-073-1009       31.4       27.3       22.1       18.4         27         23
Asheville Road (Leeds)..................  Jefferson..................      01-073-1010       33.0       24.6       19.1       22.3         26         22
Wylam...................................  Jefferson..................      01-073-2003       37.7       33.5       25.2       25.4         32         28
Hoover..................................  Jefferson..................      01-073-2006       29.8       25.9       20.4       21.6         25         23
Pinson High School......................  Jefferson..................      01-073-5002       34.2       26.4       21.3       20.0         27         23
Corner School Road......................  Jefferson..................      01-073-5003       32.5       30.0       21.3       18.3         28         23
Pelham High School......................  Shelby.....................      01-117-0006       30.9       24.8       21.2   \4\ 20.0         26     \4\ 22
Highland Avenue (Walker Co.)............  Walker.....................      01-127-0002       30.9       24.3       22.1       18.8         26         22
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\4\ The Pelham High School site did not meet completeness criteria for the third quarter of 2010. However, the maximum third quarter value from 2008-
  2010 was 33.6 [mu]g/m\3\ (which occurred in 2008). If this value were used as the 98th percentile 24-hour concentration for 2010, the 24-hour design
  value for the 2008-2010 period would be 27 [mu]g/m\3\ and the 2010 design value for the Birmingham Area (from the North Birmingham site) would be
  unchanged at 29 [micro]g/m\3\.

    The 3-year design value for 2007-2009 submitted by Alabama for 
redesignation of the Birmingham Area is 34 [mu]g/m\3\, which meets the 
NAAQS as described above. Air quality data for 2010 show that the Area 
continues to attain the PM2.5 NAAQS, with a 3-year design 
value of 29 [micro]g/m\3\, and that ambient 24-hour concentrations of 
PM2.5 continue to decline. As mentioned above, on September 
20, 2010 (75 FR 57186) EPA published a clean data determination for the 
Birmingham Area for the 2006 24-hour PM2.5 NAAQS. In today's 
action, EPA is proposing to determine that the Area is continuing to 
attain the 2006 PM2.5 NAAQS. EPA will not go forward with 
the redesignation if the Area does not continue to attain until the 
time that EPA finalizes the redesignation. As discussed in more detail 
below, the State of Alabama has committed to continue monitoring in 
this Area in accordance with 40 CFR part 58.

Criteria (5)--Alabama Has Met All Applicable Requirements Under Section 
110 and Part D of Title I of the CAA; and Criteria (2)--Alabama Has a 
Fully Approved SIP Under Aection 110(k) for the Birmingham Area

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Alabama has met all applicable SIP requirements 
for the Birmingham Area under section 110 of the CAA (general SIP 
requirements) for purposes of redesignation. Additionally, EPA proposes 
to find that the Alabama SIP satisfies the criterion that it meet 
applicable SIP requirements for purposes of redesignation under part D 
of title I of the CAA (requirements specific to 2006 24-hour 
PM2.5 nonattainment areas) in accordance with section 
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is 
fully approved with respect to all requirements applicable for purposes 
of redesignation in accordance with section 107(d)(3)(E)(ii). In making 
these determinations, EPA ascertained which requirements are applicable 
to the Area and, if applicable, that they are fully approved under 
section 110(k). SIPs must be fully approved only with respect to 
requirements that were applicable prior to submittal of the complete 
redesignation request.
a. The Birmingham Area Has Met All Applicable Requirements Under 
Section 110 and Part D of the CAA
    General SIP requirements. Section 110(a)(2) of title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emissions limitations and other control measures, means, or 
techniques; provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality; 
and programs to enforce the limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (New Source Review (NSR) permit programs); provisions for 
air pollution modeling; and provisions for public and local agency 
participation in planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants (e.g., NOX SIP Call,\5\ CAIR,\6\ 
and

[[Page 70096]]

CSAPR). The section 110(a)(2)(D) requirements for a state are not 
linked with a particular nonattainment area's designation and 
classification in that state. EPA believes that the requirements linked 
with a particular nonattainment area's designation and classifications 
are the relevant measures to evaluate in reviewing a redesignation 
request. The transport SIP submittal requirements, where applicable, 
continue to apply to a state regardless of the designation of any one 
particular area in the state. Thus, EPA does not believe that the CAA's 
interstate transport requirements should be construed to be applicable 
requirements for purposes of redesignation. However, as discussed later 
in this notice, addressing pollutant transport from other states is an 
important part of an area's maintenance demonstration.
---------------------------------------------------------------------------

    \5\ On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX in order to reduce the 
transport of ozone and ozone precursors. In compliance with EPA's 
NOX SIP Call, Alabama developed rules governing the 
control of NOX emissions from EGUs, major non-EGU 
industrial boilers, major cement kilns, and internal combustion 
engines. On December 27, 2002, EPA approved Alabama's rules as 
fulfilling Phase I (67 FR 78987).
    \6\ On May 12, 2005 (70 FR 25162), EPA promulgated CAIR, which 
required 28 upwind States and the District of Columbia to revise 
their SIPs to include control measures that would reduce emissions 
of SO2 and NOX. Various aspects of CAIR rule 
were petitioned in court and on December 23, 2008, the U.S. Court of 
Appeals for the District of Columbia Circuit remanded CAIR to EPA 
(see Alabama v. EPA, 550 F.3d 1176 (DC Circuit, December 23, 2008)), 
which left CAIR in place to ``temporarily preserve the environmental 
values covered by CAIR'' until EPA replaces it with a rule 
consistent with the Court's ruling. The Court directed EPA to remedy 
various areas of the rule that were petitioned consistent with its 
July 11, 2008 (see Alabama v. EPA, 531 F.3d 836 (DC Circuit, July 
11, 2008)), opinion, but declined to impose a schedule on EPA for 
completing that action. Id. Therefore, CAIR is currently in effect 
in Alabama.
---------------------------------------------------------------------------

    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are applicable requirements for purposes of 
redesignation. The area will still be subject to these requirements 
after the area is redesignated. The section 110 and part D requirements 
which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    EPA has not yet completed rulemaking on a submittal from Alabama 
dated September 23, 2009, addressing ``infrastructure SIP'' elements 
required under CAA section 110(a)(2). However, these are statewide 
requirements that are not a consequence of the nonattainment status of 
the Birmingham Area. As stated above, EPA believes that section 110 
elements not linked to an area's nonattainment status are not 
applicable for purposes of redesignation. Therefore, notwithstanding 
the fact that EPA has not yet completed rulemaking on Alabama's 
submittal for the PM2.5 infrastructure SIP elements of 
section 110(a)(2), EPA believes it has approved all SIP elements under 
section 110 that must be approved as a prerequisite for redesignating 
the Birmingham Area to attainment.
    Title I, Part D requirements. EPA proposes that if EPA approves 
Alabama's base year emissions inventory, which is part of the 
maintenance plan submittal, the Alabama SIP will meet applicable SIP 
requirements under part D of the CAA. As discussed in greater detail 
below, EPA believes the emissions inventory is approvable because the 
2009 direct PM2.5, SO2, and NOX 
emissions for Alabama were developed consistent with EPA guidance for 
emission inventories and represent a comprehensive, accurate and 
current inventory as required by CAA section 172(c)(3).
    Part D, subpart 1 applicable SIP requirements. EPA has determined 
that if the approval of the base year emissions inventory, discussed in 
section VIII of this rulemaking, is finalized, the Alabama SIP will 
meet the applicable SIP requirements for the Birmingham Area for 
purposes of redesignation under title I, part D of the CAA. Subpart 1 
of part D sets forth the basic nonattainment requirements applicable to 
all nonattainment areas. All areas that were designated nonattainment 
for the 1997 Annual PM2.5 NAAQS were designated under this 
subpart of the CAA and the requirements applicable to them are 
contained in sections 172 and 176.
    For purposes of evaluating this redesignation request, the 
applicable part D, subpart 1 SIP requirements for all nonattainment 
areas are contained in sections 172(c)(1)-(9) and in section 176. A 
thorough discussion of the requirements contained in section 172 can be 
found in the General Preamble for Implementation of title I (57 FR 
13498, April 16, 1992).
    Subpart 1 Section 172 Requirements. Section 172(c)(1) requires the 
plans for all nonattainment areas to provide for the implementation of 
all Reasonable Available Control Measures (RACM) as expeditiously as 
practicable and to provide for attainment of the national primary 
ambient air quality standards. EPA interprets this requirement to 
impose a duty on all nonattainment areas to consider all available 
control measures and to adopt and implement such measures as are 
reasonably available for implementation in each area as components of 
the area's attainment demonstration. Under section 172, states with 
nonattainment areas must submit plans providing for timely attainment 
and meeting a variety of other requirements. However, pursuant to 40 
CFR 51.1004(c), EPA's September 20, 2010, determination that the 
Birmingham area was attaining the 24-hour PM2.5 standard 
suspended Alabama's obligation to submit most of the attainment 
planning requirements that would otherwise apply. Specifically, the 
determination of attainment suspended Alabama's obligation to submit an 
attainment demonstration and planning SIPs to provide for reasonable 
further progress (RFP), reasonable available control measures, and 
contingency measures under section 172(c)(9).
    The General Preamble for Implementation of Title I (57 FR 13498, 
April 16, 1992) also discusses the evaluation of these requirements in 
the context of EPA's consideration of a redesignation request. The 
General Preamble sets forth EPA's view of applicable requirements for 
purposes of evaluating redesignation requests when an area is attaining 
a standard (General Preamble for Implementation of Title I (57 FR 
13498, April 16, 1992)).
    Because attainment has been reached in the Birmingham Area, no 
additional measures are needed to provide for attainment, and section 
172(c)(1) requirements for an attainment demonstration and RACM are no 
longer considered to be applicable for purposes of redesignation as 
long as the Area continues to attain the standard until redesignation. 
See also 40 CFR 51.1004(c).
    The RFP plan requirement under section 172(c)(2) is defined as 
progress that must be made toward attainment. This requirement is not 
relevant for purposes of redesignation because EPA has determined that 
the Birmingham Area has monitored attainment of the 2006 24-hour 
PM2.5 NAAQS. See General Preamble, 57 FR 13564. See also 40 
CFR 51.1004(c). In addition, because the Birmingham Area has attained 
the 2006 24-hour PM2.5 NAAQS and is no longer subject to a 
RFP requirement, the requirement to submit the section 172(c)(9) 
contingency measures is not applicable for purposes of redesignation. 
Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. As 
part of Alabama's redesignation request for the Birmingham Area, 
Alabama submitted a

[[Page 70097]]

2009 base year emissions inventory. As discussed below in section VIII, 
EPA is proposing to approve the 2009 base year inventory submitted with 
the redesignation request as meeting the section 172(c)(3) emissions 
inventory requirement.
    Section 172(c)(4) requires the identification and quantification of 
emissions for major new and modified stationary sources to be allowed 
in an area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA has determined that, since PSD 
requirements will apply after redesignation, areas being redesignated 
need not comply with the requirement that a NSR program be approved 
prior to redesignation, provided that the area demonstrates maintenance 
of the NAAQS without part D NSR. A more detailed rationale for this 
view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Alabama has demonstrated that the 
Birmingham Area will be able to maintain the NAAQS without part D NSR 
in effect, and therefore Alabama need not have fully approved part D 
NSR programs prior to approval of the redesignation request. 
Nonetheless, Alabama currently has a fully-approved part D NSR program 
in place. Alabama's PSD program will become effective in the Birmingham 
Area upon redesignation to attainment. Section 172(c)(6) requires the 
SIP to contain control measures necessary to provide for attainment of 
the NAAQS. Because attainment has been reached, no additional measures 
are needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes the 
Alabama SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs and projects that 
are developed, funded or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with Federal conformity regulations relating to 
consultation, enforcement and enforceability that EPA promulgated 
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \7\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this 
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation 
of Tampa, Florida). Thus, the Birmingham Area has satisfied all 
applicable requirements for purposes of redesignation under section 110 
and part D of title I of the CAA.
---------------------------------------------------------------------------

    \7\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the MVEBs that are established in control 
strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

b. The Birmingham Area Has a Fully Approved Applicable SIP Under 
Section 110(k) of the CAA
    If EPA issues a final approval of the base year emissions 
inventory, EPA will have fully approved the applicable Alabama SIP for 
the Birmingham 2006 24-hour PM2.5 nonattainment area under 
section 110(k) of the CAA for all requirements applicable for purposes 
of redesignation. EPA may rely on prior SIP approvals in approving a 
redesignation request (see Calcagni Memorandum at p. 3; Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 
1998); Wall, 265 F.3d 426) plus any additional measures it may approve 
in conjunction with a redesignation action (see 68 FR 25426 (May 12, 
2003) and citations therein). Following passage of the CAA of 1970, 
Alabama has adopted and submitted, and EPA has fully approved at 
various times, provisions addressing the various 2006 24-hour 
PM2.5 NAAQS SIP elements applicable in the Birmingham Area 
(May 31, 1972, 37 FR 10842; July 13, 2011, 76 FR 41100).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
an area's nonattainment status are not applicable requirements for 
purposes of redesignation. In addition, EPA believes that since the 
part D subpart 1 requirements did not become due prior to submission of 
the redesignation request, they are also not applicable requirements 
for purposes of redesignation. Sierra Club v. EPA, 375 F.3d 537 (7th 
Cir. 2004); 68 FR 25424, 25427 (May 12, 2003) (redesignation of the St. 
Louis-East St. Louis Area to attainment of the 1-hour ozone NAAQS). 
With the approval of the emissions inventory, EPA will have approved 
all part D subpart 1 requirements applicable for purposes of this 
redesignation.

Criteria (3)--The Air Quality Improvement in the Birmingham 2006 24-
Hour PM2.5 NAAQS Nonattainment Area Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIP and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP and applicable Federal air pollution 
control regulations and other permanent and enforceable reductions (CAA 
section 107(d)(3)(E)(iii)). EPA believes that Alabama has demonstrated 
that the observed air quality improvement in the Birmingham Area is due 
to permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal measures, and other state adopted 
measures.
    State, local and Federal measures enacted in recent years have 
resulted in permanent emission reductions. Most of these emission 
reductions are enforceable through regulations. A few non-regulatory 
measures also result in emission reductions.
    The state and local measures that have been implemented to date and 
relied upon by Alabama to demonstrate attainment and/or maintenance 
include local NOX controls on cement plants in the Area due 
to the 8-hour ozone contingency plan, Jefferson and Shelby County burn 
bans, and voluntary on-road and off-road diesel retrofit projects.
    As shown in Table 2, local reasonably available control technology 
(RACT) PM controls installed in the Birmingham Area have reduced direct 
PM2.5 emissions by approximately 62 tons per year (tpy) as 
of the end of 2009. These

[[Page 70098]]

controls are associated with the Birmingham Annual PM2.5 
Attainment Demonstration SIP, submitted to EPA on March 13, 2009.

                            Table 2--Summary of RACT Controls in the Birmingham Area
----------------------------------------------------------------------------------------------------------------
                                                                                     PM2.5
             Facility                      Source             RACT controls        reduction      Installation
                                                                                     (tpy)            date
----------------------------------------------------------------------------------------------------------------
W.J. Bullock......................  Crucible furnaces...  Baghouse............           3.891              2009
McWane Pipe.......................  Charge handling area  Wet suppression.....           0.385              2008
Sloss Industries..................  Coal piles..........  Wet suppression.....           0.398              2008
American Cast Iron Pipe...........  Charge make-up......  Wet suppression.....          11.91               2008
                                    Roads & process       Paving..............           3.58          2007/2008
                                     areas.
                                    Cupola melting        New Cupola/Bag house           5.84          2007/2008
                                     furnace.              & spray suppression.
                                    Sand & cement silos.  Baghouse............           0.09               2008
Nucor Steel.......................  Meltshop fugitives..  Baghouse & physical           28.1                2008
                                                           improvements.
U.S. Pipe.........................  Cupola charge make-   Wet suppression.....           1.818              2008
                                     up.
                                    Sand & cement silos.  Bin vents...........           5.93               2008
                                                                               ---------------------------------
    Total.........................  ....................  ....................          61.942  ................
----------------------------------------------------------------------------------------------------------------

    In addition, closures of certain facilities have resulted in 
continued reductions of local PM2.5 emissions in the 
Birmingham Area. In late 2009, W.J. Bullock and Sloss Mineral Wool in 
Jefferson County announced plans to cease operations, resulting in 
additional PM2.5 emission reductions of 0.13 tpy and 130 
tpy, respectively. In March 2010, U.S. Pipe ceased production, 
resulting in an additional emission reduction of 46 tpy of 
PM2.5. In total, the RACT controls and facility closures 
amount to reductions of greater than eight percent of direct 
PM2.5 point source emissions in Jefferson County.
    Furthermore, control equipment installed at utilities in the 
Birmingham Area have decreased emissions of NOX and 
SO2. These reductions, prompted by the NOX SIP 
Call and CAIR, are summarized in Table 3 below. In 2007, flue gas 
desulfurization systems were added to units 8-10 of Alabama Power 
Company's (APC) Gorgas Plant in anticipation of CAIR. Selective 
catalytic reduction (SCR) systems were installed on units 3 and 4 at 
APC Miller Plant in 2003 as a result of the NOX SIP Call, 
with a consent decree requiring year round operation beginning in 2008 
in preparation for CAIR. The year round SCR operation requirements have 
been incorporated into the facilities' title V operating permits and 
are thus enforceable.

               Table 3--Summary of Emissions and Controls at Utilities in the Birmingham Area \8\
----------------------------------------------------------------------------------------------------------------
                                                               Date control      Emissions reductions from  2006-
                                                                 installed                  2009 (tpy)
                         Facility                         ------------------------------------------------------
                                                              NOX        SO2        NOX        SO2      Percent
----------------------------------------------------------------------------------------------------------------
APC Miller Unit 3........................................       2008  .........      4,680  .........         71
APC Miller Unit 4........................................       2008  .........      3,786  .........         70
APC Gorgas Unit 8........................................  .........       2007  .........     10,007         96
APC Gorgas Unit 9........................................  .........       2007  .........      9,975         96
APC Gorgas Unit 10.......................................  .........       2007  .........     40,779         97
APC Gaston Unit 5 *......................................  .........       2010  .........     43,579         78
                                                                                --------------------------------
    Total Reductions.....................................  .........  .........      8,466    104,341  .........
----------------------------------------------------------------------------------------------------------------
* Gaston Unit 5 data reflects reductions from 2006-2010.

    The Federal measures that have been implemented include the 
following:
---------------------------------------------------------------------------

    \8\ Data in Tables 3 and 4 reflect reported actual emissions 
from the Clean Air Markets Division Database http://camddataandmaps.epa.gov/gdm/index.cfm?fuseaction=emissions.wizard.
---------------------------------------------------------------------------

    Tier 2 vehicle standards. In addition to requiring NOX 
controls, the Tier 2 rule reduced the allowable sulfur content of 
gasoline to 30 parts per million (ppm) starting in January of 2006. 
Most gasoline sold in North Carolina prior to this had a sulfur content 
of approximately 300 ppm.
    Heavy-duty gasoline and diesel highway vehicle standards. The 
second phase of the standards and testing procedures, which began in 
2007, reduces particulate matter (PM) and NOX from heavy-
duty highway engines and also reduces highway diesel fuel sulfur 
content to 15 ppm. The total program is expected to achieve a 90 and 95 
percent reduction in PM and NOX emissions from heavy-duty 
highway engines, respectively.
    Nonroad spark-ignition engines and recreational engines standards. 
Tier 1 of this standard, implemented in 2004, and Tier 2, implemented 
in 2007, have reduced and will continue to reduce PM emissions.
    Large nonroad diesel engine standards. Promulgated in 2004, this 
rule is being phased in between 2008 and 2014. This rule will reduce 
sulfur content in nonroad diesel fuel and, when fully implemented, will 
reduce NOX and direct PM2.5 emissions by over 90 
percent from these engines.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX. Affected states were 
required to comply with Phase I of the SIP Call beginning in 2004, and 
Phase II beginning in 2007. Emission reductions

[[Page 70099]]

resulting from regulations developed in response to the NOX 
SIP Call are permanent and enforceable.
    CAIR and CSAPR. As previously discussed, the remanded CAIR, 
originally promulgated to reduce transported pollution, was left in 
place to ``temporarily preserve the environmental values covered by 
CAIR'' until EPA replaced it with a rule consistent with the Court's 
opinion. To remedy CAIR's flaws, EPA promulgated the final CSAPR on 
August 8, 2011. CSAPR addresses the interstate transport requirements 
of the CAA with respect to the 1997 ozone, 1997 PM2.5 and 
2006 PM2.5 NAAQS. As noted previously, the requirements of 
CAIR address emissions through the 2011 control period and CSAPR 
requires similar or greater emission reductions in the relevant areas 
in 2012 and beyond.
    Because PM2.5 concentrations in the Birmingham area are 
impacted by the transport of sulfates and nitrates, the area's air 
quality is affected by regulation of SO2 and NOX 
emissions from power plants. Table 4, below, presents statewide EGU 
emissions data compiled by EPA's Clean Air Markets Division for the 
years 2002 and 2009. Emissions for 2009 reflect implementation of CAIR. 
Table 4 shows that Alabama and states impacting the Birmingham Area for 
the 24-hour PM2.5 NAAQS, as indicated in CSAPR, reduced 
NOX and SO2 emissions from EGUs by 1,173,566 tpy 
and 2,425,474 tpy, respectively, between 2002 and 2009.

     Table 4--Comparison of 2002 and 2009 Statewide EGU NOX and SO2 Emissions (tpy) for States Impacting the
                                               Birmingham Area \8\
----------------------------------------------------------------------------------------------------------------
                                                 NOX                                       SO2
                             -----------------------------------------------------------------------------------
            State                                          Net change                                Net change
                                  2002          2009        2002-2009       2002          2009        2002-2009
----------------------------------------------------------------------------------------------------------------
Alabama.....................       161,559        49,609      -111,950       448,248       277,972      -170,276
Georgia.....................       146,456        57,566       -88,890       512,654       262,258      -250,396
Indiana.....................       281,146       110,969      -170,177       778,868       413,726      -365,142
Kentucky....................       198,599        78,767      -119,832       482,653       252,002      -230,651
Ohio........................       370,497        95,785      -274,712     1,132,069       600,687      -531,382
Pennsylvania................       200,909       110,239       -90,670       889,766       573,619      -316,147
Tennessee...................       155,996        27,912      -128,084       336,995       108,042      -228,953
West Virginia...............       225,371        36,120      -189,251       507,110       174,583      -332,527
                             -----------------------------------------------------------------------------------
    Total...................     1,740,533       566,967    -1,173,566     5,088,363     2,662,889    -2,425,474
----------------------------------------------------------------------------------------------------------------

    As was noted earlier, EPA promulgated CSAPR to address interstate 
transport of emissions and resulting secondary air pollutants and to 
replace CAIR. CAIR, among other things, required emission reductions 
that contributed to the air quality improvement in the Birmingham Area. 
CSAPR requires substantial reductions of SO2 and 
NOX emissions from EGUs across most of the Eastern United 
States, with implementation beginning on January 1, 2012. CAIR will 
continue to be implemented through 2011, and will be replaced by CSAPR 
beginning in 2012. CSAPR requires reductions of NOX and 
SO2 emissions to levels below the levels that led to 
attainment of the 1997 24-hour PM2.5 standard in the 
Birmingham Area. Given the remanded status of CAIR, this air quality 
improvement could not be considered permanent at the time ADEM 
submitted its request for redesignation of the Birmingham Area. 
However, since that time CSAPR has been finalized, which mandates even 
greater reductions than have already occurred under CAIR and, more 
importantly, more reductions than are needed to maintain the standard 
in the Area. The reductions of EGU emissions of SO2 and 
NOX contributed to the air quality improvement in the 
Birmingham Area. Therefore, the final promulgation of CSAPR in 
combination with the other measures cited by Alabama and described 
above, ensure that the emission reductions that led the Area to attain 
the 2006 24-hour PM2.5 NAAQS can be considered permanent and 
enforceable for purposes of section 107(d)(3)(E)(iii).

Criteria (4)--The Birmingham Area Has a Fully Approved Maintenance Plan 
Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Birmingham Area to attainment for the 2006 24-hour PM2.5 
NAAQS, ADEM submitted a SIP revision to provide for the maintenance of 
the 2006 24-hour PM2.5 NAAQS for at least 10 years after the 
effective date of redesignation to attainment. EPA believes this 
maintenance plan meets the requirements for approval under section 175A 
of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain 
contingency measures as EPA deems necessary to assure prompt correction 
of any future 2006 24-hour PM2.5 violations. The Calcagni 
Memorandum provides further guidance on the content of a maintenance 
plan, explaining that a maintenance plan should address five 
requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed more fully below, EPA finds that 
Alabama's maintenance plan includes all the necessary components and is 
thus proposing to approve it as a revision to the Alabama SIP.
b. Attainment Emissions Inventory
    The Birmingham Area attained the 2006 24-hour PM2.5 
NAAQS based on monitoring data for the 3-year period

[[Page 70100]]

from 2007-2009. Alabama selected 2009 as the attainment emissions 
inventory year. The attainment inventory identifies a level of 
emissions in the Area that is sufficient to attain the 2006 24-hour 
PM2.5 NAAQS. Alabama began development of the attainment 
inventory by first generating a baseline emissions inventory for the 
Birmingham Area. As noted above, the year 2009 was chosen as the base 
year for developing a comprehensive emissions inventory for direct 
PM2.5 and the primary PM2.5 precursors, 
SO2 and NOX, for which projected emissions could 
be developed for 2012, 2015, 2018, 2021, and 2024. ADEM used actual 
point source emissions data for 2009 for all sources in Jefferson 
County and a majority of sources in Shelby County. The Visibility 
Improvement--State and Tribal Association of the Southeast (VISTAS) 
projected 2009 emissions were used only where actual emissions were 
unavailable. The projected inventory included with the maintenance plan 
estimates emissions forward to 2024, which is beyond the 10-year 
interval required in section 175A of the CAA. In addition to comparing 
the final year of the plan, 2024, to the base year, 2009, Alabama 
compared interim years to the baseline to demonstrate that these years 
are also expected to show continued maintenance of the 24-hour 
PM2.5 standard. On March 7, 2011, at the request of EPA, 
ADEM submitted a letter in support of the June 17, 2010, redesignation 
request. The letter contains revisions to emissions data in Tables 4.3-
1, 4.3-2, and 4.3-3 of the redesignation request to correct 
administrative errors and a clarification on how the 2009 point source 
inventory was developed. A copy of the letter is included in the docket 
for this proposed rulemaking (EPA-R04-OAR-2011-0043) and can be 
obtained from the www.regulations.gov Web site.
    The emissions inventory is composed of four major types of sources: 
Point, area, on-road mobile and non-road mobile. The future year 
emissions inventories have been estimated using projected rates of 
growth in population, traffic, economic activity, expected control 
programs, and other parameters. Due to the remand of CAIR, ADEM did not 
include any emissions reductions expected under the rule past 2012. The 
promulgation of CSAPR ensured that reductions expected under CAIR would 
remain, thus EPA considers ADEM's projections to be conservative 
estimates. Non-road mobile emissions estimates were based on the EPA's 
NONROAD2008a non-road mobile model, with the exception of the railroad 
locomotives, commercial marine, and aircraft engine. These emissions 
are estimated by taking activity data, such as landings and takeoffs, 
and multiplying by an Economic Growth Analysis System (EGAS) emission 
factor. On-road mobile source emissions were calculated using EPA's 
MOVES2010 mobile emission factors model. The 2009 SO2, 
NOX and PM2.5 emissions for the Birmingham Area, 
as well as the emissions for other years, were developed consistent 
with EPA guidance and are summarized in Tables 5 through 8 of the 
following subsection discussing the maintenance demonstration.
c. Maintenance Demonstration
    The June 17, 2010, final submittal includes a maintenance plan for 
the Birmingham nonattainment area. The maintenance plan:
    (i) Shows compliance with and maintenance of the 24-hour 
PM2.5 standard by providing information to support the 
demonstration that current and future emissions of SO2, 
NOX and PM2.5 remain at or below 2009 emissions 
levels.
    (ii) Uses 2009 as the attainment year and includes future emissions 
inventory projections for 2012, 2015, 2018, 2021, and 2024.
    (iii) Identifies an ``out year'' at least 10 years (and beyond) 
after the time necessary for EPA to review and approve the maintenance 
plan. Per 40 CFR part 93, NOX and PM2.5 MVEBs 
were established for the last year (2024) of the maintenance plan (see 
section VI below).
    (iv) Provides actual and projected emissions inventories, in tons 
per day (tpd), for the Birmingham nonattainment area, as shown in 
Tables 5 through 8 below.

               Table 5--Actual and Projected 24-Hour PM2.5 Emissions (tpd) for the Birmingham Area
----------------------------------------------------------------------------------------------------------------
                    Sector                         2009       2012       2015       2018       2021       2024
----------------------------------------------------------------------------------------------------------------
Point.........................................      11.22       9.75      10.29      10.88      11.47      12.10
Area..........................................      12.35      12.18      12.37      12.57      12.78      12.98
Nonroad.......................................       1.60       1.49       1.32       1.15       1.05       1.00
Mobile........................................       2.36       1.90       1.45       1.30       1.15       0.96
                                               -----------------------------------------------------------------
    Total.....................................      27.53      25.32      25.43      25.90      26.45      27.04
----------------------------------------------------------------------------------------------------------------


                Table 6--Actual and Projected 24-Hour NOX Emissions (tpd) for the Birmingham Area
----------------------------------------------------------------------------------------------------------------
                    Sector                         2009       2012       2015       2018       2021       2024
----------------------------------------------------------------------------------------------------------------
Point.........................................      96.25      96.41      98.01      99.66     101.65     103.69
Area..........................................      11.24      11.42      11.59      11.77      11.94      12.12
Nonroad.......................................      27.31      24.60      21.74      19.65      19.19      19.42
Mobile........................................      72.05      57.74      43.43      37.34      31.25      25.20
                                               -----------------------------------------------------------------
    Total.....................................     206.85     190.17     174.77     168.42     164.03     160.43
----------------------------------------------------------------------------------------------------------------


                Table 7--Actual and Projected 24-Hour SO2 Emissions (tpd) for the Birmingham Area
----------------------------------------------------------------------------------------------------------------
                    Sector                         2009       2012       2015       2018       2021       2024
----------------------------------------------------------------------------------------------------------------
Point.........................................     493.41     203.71     204.41     205.17     205.84     206.92
Area..........................................       1.06       1.09       1.11       1.14       1.16       1.19
Nonroad.......................................       0.50       0.20       0.19       0.19       0.19       0.20

[[Page 70101]]

 
Mobile........................................       0.43       0.37       0.29       0.30       0.32       0.33
                                               -----------------------------------------------------------------
    Total.....................................     495.40     205.37     206.00     206.80     207.51     208.64
----------------------------------------------------------------------------------------------------------------


                                 Table 8--Emission Estimates for Birmingham Area
----------------------------------------------------------------------------------------------------------------
                        Year                              PM2.5 (tpd)          NOX (tpd)           SO2 (tpd)
----------------------------------------------------------------------------------------------------------------
2009................................................               27.53              206.85              495.40
2012................................................               25.32              190.17              205.37
2015................................................               25.43              174.77              206.00
2018................................................               25.90              168.42              206.80
2021................................................               26.45              164.03              207.51
2024................................................               27.04              160.43              208.64
Difference from 2009 to 2024........................               -0.49              -46.42             -286.76
----------------------------------------------------------------------------------------------------------------

    Tables 5 through 8 summarize the 2009 and future projected 
emissions of direct PM2.5 and precursors from the counties 
in the Birmingham Area. In situations where local emissions are the 
primary contributor to nonattainment, the ambient air quality standard 
should not be violated in the future as long as emissions from within 
the nonattainment area remain at or below the baseline with which 
attainment was achieved. Alabama has projected emissions as described 
previously and determined that emissions in the Birmingham Area will 
remain below those in the attainment year inventory for the duration of 
the maintenance plan.
    As discussed in section VI of this proposed rulemaking, a safety 
margin is the difference between the attainment level of emissions 
(from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The attainment level of emissions is 
the level of emissions during one of the years in which the area met 
the NAAQS. Alabama selected 2009 as the attainment emissions inventory 
year for the Birmingham Area. Alabama calculated the safety margins in 
its submittal as 46.42 tpd for NOX and 0.49 tpd for 
PM2.5. The State has decided to allocate 23.21 tpd of the 
available NOX safety margin and 0.245 tpd of the available 
PM2.5 safety margin to the 2024 MVEBs for the Birmingham 
Area. Therefore, the remaining safety margin for NOX will be 
23.21 tpd and the remaining safety margin for PM2.5 will be 
0.245 tpd. This allocation and the resulting available safety margin 
for the Birmingham Area are discussed further in section VI of this 
proposed rulemaking.
d. Monitoring Network
    There are currently ten monitors measuring PM2.5 in the 
Birmingham Area. The State of Alabama, through ADEM, has committed to 
continue operation of the monitors in the Birmingham Area in compliance 
with 40 CFR part 58 and have thus addressed the requirement for 
monitoring. EPA approved Alabama's 2010 monitoring plan on October 8, 
2010.
e. Verification of Continued Attainment
    The State of Alabama, through ADEM, has the legal authority to 
enforce and implement the requirements of the Birmingham Area 2006 24-
hour PM2.5 maintenance plan. This includes the authority to 
adopt, implement and enforce any subsequent emissions control 
contingency measures determined to be necessary to correct future 
PM2.5 attainment problems.
    ADEM will track the progress of the maintenance plan by performing 
future reviews of triennial emission inventories for the Birmingham 
Area as required in the Air Emissions Reporting Rule (AERR) and 
Consolidated Emissions Reporting Rule (CERR). For these periodic 
inventories, ADEM will review the assumptions made for the purpose of 
the maintenance demonstration concerning projected growth of activity 
levels. If any of these assumptions appear to have changed 
substantially, then ADEM will re-project emissions for the Birmingham 
Area.
f. Contingency Measures in the Maintenance Plan
    The contingency measures are designed to promptly correct a 
violation of the NAAQS that occurs after redesignation. Section 175A of 
the CAA requires that a maintenance plan include such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation. The 
maintenance plan should identify the contingency measures to be 
adopted, a schedule and procedure for adoption and implementation, and 
a time limit for action by the State. A state should also identify 
specific indicators to be used to determine when the contingency 
measures need to be implemented. The maintenance plan must include a 
requirement that a state will implement all measures with respect to 
control of the pollutant that were contained in the SIP before 
redesignation of the area to attainment in accordance with section 
175A(d).
    In the June 17, 2010, submittal, Alabama affirms that all programs 
instituted by the State and EPA will remain enforceable and that 
sources are prohibited from reducing emissions controls following the 
redesignation of the Area. The contingency plan included in the 
submittal includes a triggering mechanism to determine when contingency 
measures are needed and a process of developing and implementing 
appropriate control measures. The State of Alabama will use actual 
ambient monitoring data as the triggering event to determine when 
contingency measures should be implemented.
    As previously mentioned, on March 7, 2011, at the request of EPA, 
ADEM submitted a letter in support of the June 17, 2010, redesignation 
request. The letter contains clarifying information regarding the 
contingency measures included in the maintenance plan and an additional 
emissions inventory-based contingency measure trigger. A copy of the 
letter is included in the docket for this proposed rulemaking (EPA-R04-
OAR-2011-0043) and can be obtained from the www.regulations.gov Web 
site.

[[Page 70102]]

    Alabama has identified a primary trigger as occurring when the 24-
hour PM2.5 NAAQS, as described in section II above, are 
violated. Alabama commits to adopting, within 18 months of a certified 
violation of the 24-hour PM2.5 NAAQS, one or more of the 
control measures discussed below. Additionally, Alabama has identified 
a secondary trigger to occur when the 98th percentile 24-hour 
concentration for a single year at any monitor in the nonattainment 
area records a concentration of 36 [micro]g/m\3\ or greater. In such a 
case, the state will evaluate existing controls measures and determine 
whether any further emission reduction measures should be implemented. 
ADEM will consider several factors in its evaluation of the need for 
additional controls measures in the event of a future year violation of 
the 2006 24-hour PM2.5 NAAQS. Depending on the timing of the 
future year violations, additional local and regional emissions 
reductions may still be planned. ADEM will evaluate the air quality 
impacts of those regulatory programs in determining if further 
reductions are required to ensure continued maintenance of the 24-hour 
PM2.5 NAAQS in the Birmingham Maintenance Area.
    In addition to the triggers indicated above, Alabama will monitor 
regional emissions through the CERR and AERR and compare them to the 
projected inventories and the attainment year inventory. If the actual 
emissions from these inventories are greater than ten percent above the 
projected emissions presented in the maintenance plan, than ADEM will 
evaluate whether additional planning or control measures are needed to 
prevent the Area from violating the NAAQS or to correct a potential 
violation.
    In the event that further reductions are needed to ensure continued 
maintenance, the list of ``culpable sources'' developed by Alabama in 
the State's 2009 attainment demonstration for the Annual 
PM2.5 NAAQS will be evaluated for additional control of 
direct PM2.5 emissions. As additional information, a copy of 
section 8.2 of the Birmingham Annual PM2.5 Attainment 
Demonstration SIP, submitted to EPA on March 13, 2009, was included 
with the March 7, 2011, letter to EPA, which is included in the docket 
for this proposed rulemaking (EPA-R04-OAR-2011-0043). This section 
contains the detailed contingency measures for the annual 
PM2.5 SIP and was referenced in the redesignation request 
and maintenance plan for the 24-hour PM2.5 NAAQS. In 
addition, ADEM will consider the possibility of expanding the current 
voluntary diesel retrofit program currently in place in the Birmingham 
Area.
    Once a primary trigger is initiated, ADEM will commence analysis, 
including review of expected emissions reductions from local and 
regional regulatory programs, air quality modeling, and emissions 
inventory assessment to determine emission control measures that will 
be required to attain or maintain the 2006 24-hour PM2.5 
NAAQS. All controls that will be relied upon for contingency purposes 
are scheduled to be installed in 2012 or later and are therefore not 
already relied upon in for maintenance. The schedule for implementation 
of this plan and details of steps ADEM will take to bring the area back 
into compliance are outlined in Table 9.
    At least one of the following contingency measures will be adopted 
and implemented upon a primary triggering event:
     Continued implementation of previously adopted controls 
which have not yet been realized but are sufficient to address the 
violation, including future year emission reductions from Federal 
measures to address interstate pollutant transport and from the Georgia 
multi-pollutant rule;
     Additional controls of direct PM2.5 emissions 
from the list of ``culpable sources'' developed in the PM2.5 
annual attainment SIP and included in the March 7, 2011, letter;
     Expansion of the current voluntary diesel retrofit program 
in the Birmingham Area;
     Any additional controls deemed beneficial to address the 
violation at the time of the trigger.

    Table 9--Schedule for Permit Revisions and/or Rule Revisions for
                    Implementing Contingency Measures
------------------------------------------------------------------------
          Step            Description of action          Schedule
------------------------------------------------------------------------
1......................  Identify and quantify    3 months.
                          the emissions
                          reductions expected to
                          result from current
                          and future state and
                          Federal regulatory
                          programs.
2......................  Use the best available   6 months.
                          air quality modeling
                          to evaluate the air
                          quality improvement
                          expected from step 1
                          above.
3......................  Draft any needed permit  3 months.
                          conditions or SIP
                          regulations.
4......................  Complete rulemaking or   6 months.
                          permit revision
                          process and submit to
                          EPA.
-------------------------------------------------
                         Maximum time required    18 months.
                          for completion
------------------------------------------------------------------------

    EPA has concluded that the maintenance plan adequately addresses 
the five basic components of a maintenance plan: Attainment inventory, 
monitoring network, verification of continued attainment, and a 
contingency plan. Therefore, the maintenance plan SIP revision 
submitted by the State of Alabama for the Birmingham Area meets the 
requirements of section 175A of the CAA and is approvable.

VI. What is EPA's analysis of Alabama's proposed NOX and 
PM2.5 MVEBs for the Birmingham area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a transportation 
plan does not conform, most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP. The regional 
emissions analysis is one, but not the only, requirement for 
implementing transportation conformity. Transportation conformity is a 
requirement for nonattainment and maintenance areas. Maintenance areas 
are areas that were previously nonattainment for a particular NAAQS but 
have since been redesignated to

[[Page 70103]]

attainment with an approved maintenance plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment 
demonstration) and maintenance plans create MVEBs for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEBs for other years 
as well. The MVEB is the portion of the total allowable emissions in 
the maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule (58 FR 62188). The preamble also 
describes how to establish the MVEB in the SIP and how to revise the 
MVEB.
    After interagency consultation with the transportation partners for 
the Birmingham Area, Alabama has elected to develop MVEBs for 
NOX and PM2.5 for the entire nonattainment area 
(Jefferson, Shelby, and the nonattainment portion of Walker Counties). 
Alabama is developing these MVEBs, as required, for the last year of 
its maintenance plan, 2024. The MVEBs reflect the total on-road 
emissions for 2024, plus an allocation from the available 
NOX and PM2.5 safety margin. Under 40 CFR 93.101, 
the term ``safety margin'' is the difference between the attainment 
level (from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The safety margin can be allocated to 
the transportation sector; however, the total emissions must remain 
below the attainment level. The NOX and PM2.5 
MVEBs and allocation from the safety margin were developed in 
consultation with the transportation partners and were added to account 
for uncertainties in population growth, changes in model vehicle miles 
traveled and new emission factor models. The NOX and 
PM2.5 MVEBs for the Birmingham Area are defined in Table 10 
below.

                Table 10--Birmingham Area PM2.5 NOX MVEBs
                                  [tpd]
------------------------------------------------------------------------
                                                      PM2.5       NOX
------------------------------------------------------------------------
2024 On-road Mobile Emissions (tpd)..............       0.96       25.20
Safety Margin Allocated to MVEB..................       0.245      23.21
2024 Conformity MVEB.............................       1.21       48.41
------------------------------------------------------------------------

    As mentioned above, the Birmingham Area has chosen to allocate a 
portion of the available safety margins to the NOX and 
PM2.5 MVEBs for 2024. This allocation is 23.21 tpd and 0.245 
tpd for NOX and PM2.5, respectively. Therefore, 
the remaining safety margins for 2024 are 23.21 tpd and 0.245 tpd for 
NOX and PM2.5, respectively.
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and PM2.5 for 2024 for the Birmingham Area 
because EPA has determined that the Area maintains the 2006 24-hour 
PM2.5 NAAQS with the emissions at the levels of the budgets. 
Once the MVEBs for the Birmingham Area are approved or found adequate 
(whichever is completed first), they must be used for future conformity 
determinations. After thorough review, EPA has determined that the 
budgets meet the adequacy criteria, as outlined in 40 CFR 93.118(e)(4), 
and is proposing to approve the budgets because they are consistent 
with maintenance of the 2006 24-hour PM2.5 NAAQS through 
2024.

VII. What is the status of EPA's adequacy determination for the 
proposed NOX and PM2.5 MVEBs for 2024 for the 
Birmingham Area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. Once 
EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEB must be used by state and 
Federal agencies in determining whether proposed transportation 
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' EPA adopted regulations to codify the 
adequacy process in the Transportation Conformity Rule Amendments for 
the ``New 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards and Miscellaneous Revisions for Existing Areas; 
Transportation Conformity Rule Amendments--Response to Court Decision 
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional 
information on the adequacy process for transportation conformity 
purposes is available in the proposed rule entitled, ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Alabama's maintenance plan submission 
includes NOX and PM2.5 MVEBs for the Birmingham 
Area for 2024, the last year of the maintenance plan. EPA reviewed the 
NOX and PM2.5 MVEBs through the adequacy process. 
The Alabama SIP submission, including the Birmingham Area 
NOX and PM2.5 MVEBs, was open for public comment 
on EPA's adequacy Web site on March 24, 2011, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public 
comment period on adequacy for the MVEBs for 2024 for Birmingham Area 
closed on April 25, 2011. EPA did not receive any comments on the 
adequacy of the MVEBs, nor did EPA receive any requests for the SIP 
submittal.
    EPA intends to make its determination on the adequacy of the 2024 
MVEBs for the Birmingham Area for transportation conformity purposes in 
the near future by completing the adequacy process that was started on 
March 24, 2011. After EPA finds the 2024 MVEBs adequate or approves 
them, the new MVEBs for NOX and PM2.5 must be 
used for future transportation conformity determinations. For required 
regional emissions analysis years that involve 2024 or beyond, the 
applicable budgets will be the new 2024 MVEBs established in the 
maintenance plan, as defined in section VI of this proposed rulemaking.

VIII. What is EPA's analysis of the proposed 2009 base year emissions 
inventory for the Birmingham area?

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a base year emissions inventory. As part of Alabama's request to 
redesignate the

[[Page 70104]]

Birmingham Area, the State submitted a 2009 base year emissions 
inventory to meet this requirement. Emissions contained in the 
submittal cover the general source categories of point sources, area 
sources, on-road mobile sources, and non-road mobile sources. All 
emission summaries were accompanied by source-specific descriptions of 
emission calculation procedures and sources of input data. Alabama's 
submittal documents 2009 emissions in the Birmingham Area in units of 
tpd. Table 11 below provides a summary of the 2009 emissions of direct 
PM2.5, NOX, and SO2 for the Birmingham 
Area. In today's notice, EPA is proposing to approve this 2009 base 
year inventory as meeting the section 172(c)(3) emissions inventory 
requirement.

                        Table 11--Birmingham Area 2009 Emissions for PM2.5, NOX, and SO2
                                              [tpd (percent total)]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                            Source                                  PM2.5
                                                                     NOX
                                                                     SO2
----------------------------------------------------------------------------------------------------------------
Point Source Total...........................................    11.22  [40.8]    96.25  [46.5]   493.41  [99.6]
Area Source Total............................................    12.35  [44.9]    11.24   [5.4]     1.06   [0.2]
On-Road Mobile Source Total..................................     2.36   [8.6]    72.05  [34.8]     0.43   [0.1]
Non-Road Mobile Source Total.................................     1.60   [5.8]    27.31  [13.2]     0.50   [0.1]
                                                              --------------------------------------------------
    Total for all Sources....................................    27.53  ......   206.85  ......   495.40  ......
----------------------------------------------------------------------------------------------------------------

IX. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take 
final action on the issues being proposed for approval today. Approval 
of Alabama's redesignation request would change the legal designation 
of Jefferson and Shelby Counties and the designated portion of Walker 
County in Alabama for the 2006 24-hour PM2.5 NAAQS, found at 
40 CFR part 81, from nonattainment to attainment. Approval of Alabama's 
request would also incorporate a plan for maintaining the 2006 24-hour 
PM2.5 NAAQS in the Birmingham Area through 2024 into the 
Alabama SIP. This maintenance plan includes contingency measures to 
remedy any future violations of the 2006 24-hour PM2.5 NAAQS 
and procedures for evaluation of potential violations. The maintenance 
plan also establishes NOX and PM2.5 MVEBs for the 
Birmingham Area. The NOX and PM2.5 MVEBs for 2024 
for the Birmingham Area are 48.41 tpd and 1.21 tpd, respectively. Final 
action would also approve the Area's emissions inventory under CAA 
section 172(c)(3). Additionally, EPA is notifying the public of the 
status of EPA's adequacy determination for the newly-established 
PM2.5 and NOX MVEBs for 2024 for the Birmingham 
Area.

X. Proposed Actions on the Redesignation Request and Maintenance Plan 
SIP Revisions Including Approval of the NOX and 
PM2.5 MVEBs for 2024 for the Birmingham Area

    EPA previously determined that the Birmingham Area was attaining 
the 2006 24-hour PM2.5 NAAQS on September 20, 2010, at 75 FR 
57186. EPA is now taking three separate but related actions regarding 
the Area's redesignation and maintenance of the 2006 24-hour 
PM2.5 NAAQS.
    First, EPA is proposing to determine, based on complete, quality-
assured and certified monitoring data for the 2007-2009 monitoring 
period, and after review of preliminary data in AQS for 2008-2010, that 
the Birmingham Area continues to attain the 2006 24-hour 
PM2.5 NAAQS. EPA is proposing to determine that the 
Birmingham Area has met the criteria under CAA section 107(d)(3)(E) for 
redesignation from nonattainment to attainment for the 2006 24-hour 
PM2.5 NAAQS. On this basis, EPA is proposing to approve 
Alabama's redesignation request for the Birmingham Area.
    Second, EPA is proposing to approve Alabama's 2009 emissions 
inventory for the Birmingham Area (under CAA section 172(c)(3)). 
Alabama selected 2009 as the attainment emissions inventory year for 
the Birmingham Area. This attainment inventory identifies a level of 
emissions in the Area that is sufficient to attain the 2006 24-hour 
PM2.5 NAAQS and also is a current, comprehensive inventory 
that meets the requirements of section 172(c)(3).
    Third, EPA is proposing to approve the maintenance plan for the 
Birmingham Area, including the PM2.5 and NOX 
MVEBs for 2024, into the Alabama SIP (under CAA section 175A). The 
maintenance plan demonstrates that the Area will continue to maintain 
the 2006 24-hour PM2.5 NAAQS, and the budgets meet all of 
the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). 
Further, as part of today's action, EPA is describing the status of its 
adequacy determination for the PM2.5 and NOX 
MVEBs for 2024 in accordance with 40 CFR 93.118(f)(1). Within 24 months 
from the effective date of EPA's adequacy determination for the MVEBs 
or the effective date for the final rule for this action, whichever is 
earlier, the transportation partners will need to demonstrate 
conformity to the new NOX and PM2.5 MVEBs 
pursuant to 40 CFR 93.104(e).
    If finalized, approval of the redesignation request would change 
the official designation of Jefferson and Shelby Counties in their 
entireties and the nonattainment portion of Walker County in the 
Birmingham Area for the 2006 24-hour PM2.5 NAAQS, found at 
40 CFR part 81, from nonattainment to attainment.

XI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 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. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For this reason, these proposed actions:
     Are not ``significant regulatory action[s]'' subject to 
review by the Office of Management and Budget under

[[Page 70105]]

Executive Order 12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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).

In addition, this proposed rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, and Particulate 
matter.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: November 2, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2011-29183 Filed 11-9-11; 8:45 am]
BILLING CODE 6560-50-P