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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules administering them.14 EPA
preliminarily concludes that approval of the February 27, 2020 Alabama submittal would not result in increased NOX emissions, and therefore, would have no impact on any requirements related to attainment, reasonable further progress RFP, or any other NAAQS
requirements under the CAA. EPA
therefore proposes to approve the removal of Alabamas SIP provisions related to CAIR.
ADEM further provided an analysis to demonstrate that the monitoring flexibilities comply with CAA section 110l. Given that several of the original large non-EGU sources are no longer subject to the NOX SIP Call due to shutdowns and that the remaining facilities, through compliance with federal permit restrictions, have potentials-to-emit that are well below the NOX SIP Call budget levels, accompanied by replacement monitoring requirements sufficient to ensure compliance with the unchanged emissions requirements, this SIP
revision is not expected to result in increases in emissions. EPA also preliminarily concludes that Alabamas monitoring regulations related to the NOX SIP Call will not interfere with continued attainment of the NAAQS, RFP, or any other applicable requirement of the Clean Air Act.

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3. Ministerial Change EPA also proposes to approve into the SIP ADEMs non-substantive renumbering of the existing regulation titled, New Combustion Sources from Rule 33538.14 to Rule 33538.05.
IV. 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, EPA is proposing to incorporate by reference Alabama Administrative Code Rule 33538.71, NOX Budget Program, which reestablishes enforceable limits on ozone season NOX mass emission for certain units as required by EPAs NOX
SIP Call regulations, and Rule 33538
.72, NOX Budget Program Monitoring and Reporting, which establishes alternative emission monitoring requirements for the units, effective April 13, 2020. Also in this document, EPA is proposing to remove from the SIP the States NOX Budget Trading Program and CAIR trading program regulations at 33531.14, 33531
.16, 33535.06 through 33535.08, 14 40 CFR 51.123ff and 52.35f SIP and FIP
requirements related to NOX; 40 CFR 51.124s and 52.36e SIP and FIP requirements related to SO2.

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33535.11 through 33535.14, 335
38.05 through 33538.13, 33538
.16 through 33538.18, 33538.20, 33538.21, 33538.23 through 335
38.27, 33538.29, 33538.30, 33538.32, and 33538.33. EPA has made, and will continue to make, the SIP 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.
V. Proposed Actions EPA is proposing to approve Alabamas February 27, 2020 SIP
revision to Rule 33538.71, NOX
Budget Program, into the SIP, and conditionally approve Alabamas February 27, 2020 SIP revision to Rule 33538.72, NOX Budget Program Monitoring and Reporting, into the SIP. In addition, EPA is proposing to remove from the SIP the States NOX
Budget Trading Program and CAIR
trading program regulations within Chapters 33531, titled General Provisions, 33535, titled Control of Sulfur Compound Emissions, and 335
38, titled Control of Nitrogen Oxides Emissions, as identified earlier. EPA is also proposing to update the SIP to reflect the States renumbering of the existing regulation titled New Combustion Sources from Rule 3353
8.14 to Rule 33538.05.
VI. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, these proposed actions merely propose to approve, or conditionally approve, state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these proposed actions:
Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Do not impose information collection burdens under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Are certified as not having significant economic impacts on a substantial number of small entities
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under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Do not contain any unfunded mandates or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
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 12d 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, 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, these proposed actions do 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, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 25, 2021.
John Blevins, Acting Regional Administrator, Region 4.
FR Doc. 202104324 Filed 3221; 8:45 am BILLING CODE 656050P

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