[Federal Register Volume 90, Number 44 (Friday, March 7, 2025)]
[Proposed Rules]
[Pages 11500-11503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03608]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0174; FRL-12570-01-R4]
Air Plan Approval; Alabama; Administrative Corrections and VOC
Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM) on December 20, 2023. The revision modifies the
State's air quality regulations as incorporated into the SIP by
changing the definition of ``volatile organic compounds'' (VOC) to be
consistent with Federal regulations. The revision also addresses
typographical errors and increases clarity and consistency with EPA's
definitions and Alabama's Legislative Services Agency requirements.
DATES: Comments must be received on or before April 7, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0174 at regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Weston Freund, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8773. Mr. Freund can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. EPA's Analysis of Alabama's Submittal
A. Chapter No. 335-3-1, General Provisions
Tropospheric ozone occurs when VOC and nitrogen oxides
(NOX) react in the atmosphere in the presence of sunlight.
Because of the harmful health effects of ozone, EPA and State
governments implement rules to limit the amount of certain VOC and
NOX that can be released into the atmosphere. VOC have
different levels of reactivity; they do not react at the same speed or
do not form ozone to the same extent. Section 302(s) of the Clean Air
Act (CAA or Act) specifies that EPA has the authority to define the
meaning of ``VOC'' and, hence, what compounds shall be treated as VOC
for regulatory purposes.
EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. EPA's longstanding policy is that compounds of carbon with
negligible reactivity need not be regulated to reduce ozone and should
be excluded from the regulatory definition of VOC. See 42 FR 35314
(July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these
compounds in its regulations at 40 CFR 51.100(s) and excludes them from
the definition of VOC. The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically revise the list of
negligibly reactive compounds to add or delete compounds. EPA last
approved the aforementioned compounds listed in Alabama Administrative
Code Rule 335-3-1-.02(1)(gggg) ``Volatile Organic Compounds (VOC)'' on
September 21, 2020. See 85 FR 59192.
EPA is proposing to approve the change to the Alabama SIP submitted
by
[[Page 11501]]
the State of Alabama through a letter dated December 20, 2023, that
revises the definition of VOC by adding ``trans-1,1,1,4,4,4
hexafluorobut-2-ene (HFO-1336mzz(E))'' to the list of organic compounds
that are not considered VOCs. This is done in accordance with EPA's
revision of its VOC definition at 40 CFR 51.100(s) on February 8, 2023.
See 88 FR 8226. EPA proposes to find that this change to the SIP will
not interfere with attainment or maintenance of any national ambient
air quality standards, reasonable further progress, or any other
applicable requirement of the CAA, consistent with CAA section 110(l),
because EPA has found this chemical to be negligibly reactive.
B. Chapter No. 335-3-5, Control of Sulfur Compound Emissions
Alabama Administrative Code Rules 335-3-5-.06 through 335-3-5-.36,
were initially approved into the Alabama SIP on August 31, 2016. See 81
FR 59869. That rulemaking approved Alabama's Transport Rule (TR) sulfur
dioxide (SO2) Group 2 Trading Program requiring Alabama EGUs
to participate in new Cross-State Air Pollution Rule (CSAPR) State
trading programs for annual SO2 emissions integrated with
the CSAPR Federal trading programs, replacing the corresponding Federal
implementation plan (FIP) requirements.
The December 20, 2023, submittal removes the text ``(1) General'',
``(1)'', or ``General'' from the beginning of the following rules to be
in line with Alabama's Legislative Services Agency requirements: 335-3-
5-.10, TR SO2 Trading Program--Computation of Time; 335-3-5-.11,
Administrative Appeal Procedures; 335-3-5-.14, Authorization of
Designated Representative and Alternate Designated Representative; 335-
3-5-.15, Responsibilities of Designated Representative and Alternate
Designated Representative; 335-3-5-.16, Changing Designated
Representative and Alternate Designated Representative; Changes in
Owners and Operators; Changes in Units at the Source; 335-3-5-.17,
Certificate of Representation; 335-3-5-.19, Delegation by Designated
Representative and Alternate Designated Representative; 335-3-5-.22,
Recordation of TR SO2 Allowance Allocations and Auction Results; 335-3-
5-.23, Submission of TR SO2 Allowance Transfers; 335-3-5-.24,
Recordation of TR SO2 Allowance Transfers; 335-3-5-.25, Compliance with
TR SO2 Emissions Limitation; 335-3-5-.26, Compliance with TR SO2
Assurance Provisions; 335-3-5-.28, Account Error; 335-3-5-.29,
Administrator's Action on Submissions; 335-3-5-.33, Monitoring System
Out-of-Control Periods; 335-3-5-.34, Notifications Concerning
Monitoring; 335-3-5-.35, Recordkeeping and Reporting; and 335-3-5-.36,
Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting
Requirements.
EPA proposes to find that these changes to the SIP will not
interfere with attainment or maintenance of any national ambient air
quality standard, reasonable further progress, or any other applicable
requirement of the CAA, consistent with CAA section 110(l), because
they are administrative in nature.
C. Chapter No. 335-3-8, Nitrogen Oxides Emissions
EPA initially approved ADEM Administrative Code Rules 335-3-8-.07
through 335-3-5-.38 into the Alabama SIP on August 31, 2016. See 81 FR
59869. These rules pertain to Alabama's TR nitrogen oxides
(NOX) Annual Trading Program requiring Alabama Electricity
Generating Units (EGUs) to participate in new CSAPR State trading
programs for annual NOX emissions integrated with the CSAPR
Federal trading programs, replacing the corresponding FIP requirements.
The December 20, 2023, submittal removes the text ``(1) General'',
``(1)'', or ``General'' from the beginning of the following rules to be
in line with Alabama's Legislative Services Agency requirements: 335-3-
8-.11, TR NOX Annual Trading Program--Computation of Time, 335-3-8-.12
Administrative Appeal Procedures, 335-3-8-.16, Authorization of
Designated Representative and Alternate Designated Representative; 335-
3-8-.17, Responsibilities of Designated Representative and Alternate
Designated Representative; 335-3-8-.18 Changing Designated
Representative and Alternate Designated Representative; Changes in
Owners and Operators; Changes in Units at the Source; 335-3-8-.19,
Certificate of Representation; 335-3-8-.21, Delegation by Designated
Representative and Alternate Designated Representative; 335-3-8-.24,
Recordation of TR NOX Annual Allowance Allocations and Auction Results;
335-3-8-.25, Submission of TR NOX Annual Allowance Transfers; 335-3-
8-.26, Recordation of TR NOX Annual Allowance Transfers; 335-3-8-.27,
Compliance with TR NOX Annual Emissions Limitation; 335-3-8-.28,
Compliance with TR NOX Annual Assurance Provisions; 335-3-8-.30,
Account Error; 335-3-8-.31, Administrator's Action on Submissions, 335-
3-8-.35, Monitoring System Out-of-Control Periods; 335-3-8-.36,
Notifications Concerning Monitoring; 335-3-8-.37, Recordkeeping and
Reporting; and 335-3-8-.38, Petitions for Alternatives to Monitoring,
Recordkeeping, or Reporting Requirements.
EPA initially approved ADEM Administrative Code Rules 335-3-8-.39
through 335-3-8-.70 on October 6, 2017. See 82 FR 46674. These rules
pertain to Alabama's TR NOX Ozone Season Trading Program
requiring Alabama EGUs to participate in new CSAPR State trading
programs for ozone season NOX emissions integrated with the
CSAPR Federal trading programs, replacing the corresponding FIP
requirements. The December 20, 2023, submittal removes the text ``(1)
General'', ``(1)'', or ``General'' from the beginning of the following
rules to be in line with Alabama's Legislative Services Agency
requirements: 335-3-8-.43, TR NOX Ozone Season Group 2 Trading
Program--Computation of Time; 335-3-8-.44, Administrative Appeal
Procedures; 335-3-8-.48, Authorization of Designated Representative and
Alternate Designated Representative; 335-3-8-.49, Responsibilities of
Designated Representative and Alternate Designated Representative; 335-
3-8-.50, Changing Designated Representative and Alternate Designated
Representative; Changes in Owners and Operators; Changes in Units at
the Source; 335-3-8-.51, Certificate of Representation; 335-3-8-.53,
Delegation by Designated Representative and Alternate Designated
Representative; 335-3-8-.56, Recordation of TR NOX Ozone Season Group 2
Allowance Allocations and Auction Results; 335-3-8-.57, Submission of
TR NOX Ozone Season Group 2 Allowance Transfers; 335-3-8-.58,
Recordation of TR NOX Ozone Season Group 2 Allowance Transfers; 335-3-
8-.59, Compliance with TR NOX Ozone Season Group 2 Emissions
Limitation; 335-3-8-.60, Compliance with TR NOX Ozone Season Group 2
Assurance Provisions; 335-3-8-.62, TR NOX Ozone Season Group 2 Trading
Program--Account Error; 335-3-8-.63, TR NOX Ozone Season Group 2
Trading Program--Administrator's Action on Submissions; 335-3-8-.67,
Monitoring System Out-of-Control Periods; 335-3-8-.68, Notifications
Concerning Monitoring; 335-3-8-.69, Recordkeeping and Reporting; and
335-3-8-.70, Petitions for Alternatives to
[[Page 11502]]
Monitoring, Recordkeeping, or Reporting Requirements.
EPA initially approved Alabama Administrative Code Rule 335-3-
8-.71, ``NOX Budget Program,'' on July 7, 2021. See 86 FR 35610. This
rule reestablished enforceable limits on ozone season NOX
mass emissions for certain sources as required by EPA's NOX
SIP Call regulations. In Rule 335-3-8-.71, the text ``[New Rule]'' is
removed from the title line, to be consistent with Alabama's
Legislative Services Agency requirements.
EPA proposes to find that these changes to the SIP will not
interfere with attainment or maintenance of any national ambient air
quality standard, reasonable further progress, or any other applicable
requirement of the CAA, consistent with CAA section 110(l), because
they are administrative in nature.
II. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Section I of this
preamble, EPA is proposing to incorporate by reference Alabama
Administrative Code Rule 335-3-1-.02, Definitions; Rules 335-3-5-.10,
TR SO2 Trading Program--Computation of Time; 335-3-5-.11,
Administrative Appeal Procedures; 335-3-5-.14, Authorization of
Designated Representative and Alternate Designated Representative; 335-
3-5-.15, Responsibilities of Designated Representative and Alternate
Designated Representative; 335-3-5-.16, Changing Designated
Representative and Alternate Designated Representative; Changes in
Owners and Operators; Changes in Units at the Source; 335-3-5-.17,
Certificate of Representation; 335-3-5-.19, Delegation by Designated
Representative and Alternate Designated Representative; 335-3-5-.22,
Recordation of TR SO2 Allowance Allocations and Auction Results; 335-3-
5-.23, Submission of TR SO2 Allowance Transfers; 335-3-5-.24,
Recordation of TR SO2 Allowance Transfers; 335-3-5-.25, Compliance with
TR SO2 Emissions Limitation; 335-3-5-.26, Compliance with TR SO2
Assurance Provisions; 335-3-5-.28, Account Error; 335-3-5-.29,
Administrator's Action on Submissions; 335-3-5-.33, Monitoring System
Out-of-Control Periods; 335-3-5-.34, Notifications Concerning
Monitoring; 335-3-5-.35, Recordkeeping and Reporting; and 335-3-5-.36,
Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting
Requirements; and Rules 335-3-8-.11, TR NOX Annual Trading Program--
Computation of Time, 335-3-8-.12 Administrative Appeal Procedures, 335-
3-8-.16, Authorization of Designated Representative and Alternate
Designated Representative; 335-3-8-.17, Responsibilities of Designated
Representative and Alternate Designated Representative; 335-3-8-.18
Changing Designated Representative and Alternate Designated
Representative; Changes in Owners and Operators; Changes in Units at
the Source; 335-3-8-.19, Certificate of Representation; 335-3-8-.21,
Delegation by Designated Representative and Alternate Designated
Representative; 335-3-8-.24, Recordation of TR NOX Annual Allowance
Allocations and Auction Results; 335-3-8-.25, Submission of TR NOX
Annual Allowance Transfers; 335-3-8-.26, Recordation of TR NOX Annual
Allowance Transfers; 335-3-8-.27, Compliance with TR NOX Annual
Emissions Limitation; 335-3-8-.28, Compliance with TR NOX Annual
Assurance Provisions; 335-3-8-.30, Account Error; 335-3-8-.31,
Administrator's Action on Submissions, 335-3-8-.35, Monitoring System
Out-of-Control Periods; 335-3-8-.36, Notifications Concerning
Monitoring; 335-3-8-.37, Recordkeeping and Reporting; 335-3-8-.38,
Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting
Requirements; 335-3-8-.43, TR NOX Ozone Season Group 2 Trading
Program--Computation of Time; 335-3-8-.44, Administrative Appeal
Procedures; 335-3-8-.48, Authorization of Designated Representative and
Alternate Designated Representative; 335-3-8-.49, Responsibilities of
Designated Representative and Alternate Designated Representative; 335-
3-8-.50, Changing Designated Representative and Alternate Designated
Representative; Changes in Owners and Operators; Changes in Units at
the Source; 335-3-8-.51, Certificate of Representation; 335-3-8-.53,
Delegation by Designated Representative and Alternate Designated
Representative; 335-3-8-.56, Recordation of TR NOX Ozone Season Group
2 Allowance Allocations and Auction Results; 335-3-8-.57, Submission of
TR NOX Ozone Season Group 2 Allowance Transfers; 335-3-8-.58,
Recordation of TR NOX Ozone Season Group 2 Allowance Transfers; 335-3-
8-.59, Compliance with TR NOX Ozone Season Group 2 Emissions
Limitation; 335-3-8-.60, Compliance with TR NOX Ozone Season Group 2
Assurance Provisions; 335-3-8-.62, TR NOX Ozone Season Group 2 Trading
Program--Account Error; 335-3-8-.63, TR NOX Ozone Season Group 2
Trading Program--Administrator's Action on Submissions; 335-3-8-.67,
Monitoring System Out-of-Control Periods; 335-3-8-.68, Notifications
Concerning Monitoring; 335-3-8-.69, Recordkeeping and Reporting; 335-3-
8-.70, Petitions for Alternatives to Monitoring, Recordkeeping, or
Reporting Requirements; and 335-3-8-.71, NOX Budget Program, State
effective February 12, 2024, which address typographical errors and
increase clarity and consistency with EPA's definitions and Alabama's
Legislative Services Agency requirements. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
III. Proposed Action
EPA is proposing to approve Alabama's December 20, 2023, SIP
revision consisting of the aforementioned changes to Chapter No. 335-3-
1, General Provisions; Chapter No. 335-3-5, Control of Sulfur Compound
Emissions; and Chapter No. 335-3-8, Nitrogen Oxides Emissions because
they are consistent with CAA requirements. Thus, EPA is proposing to
incorporate these changes into Alabama's SIP.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 11503]]
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have Tribal implications and will
not impose substantial direct costs on Tribal governments or preempt
Tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 21, 2025.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2025-03608 Filed 3-6-25; 8:45 am]
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