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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules

D. Christopher Evans, Acting Administrator.
FR Doc. 202104214 Filed 3221; 8:45 am BILLING CODE 441009P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR04OAR20200129; FRL10020
85Region 4

Air Plan Approval; AL; NOX SIP Call and Removal of CAIR
Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a State Implementation Plan SIP
revision submitted by the State of Alabama through a letter dated February 27, 2020, to add regulations maintaining compliance with the States Nitrogen Oxide NOX SIP Call obligations for large non-electricity generating units non-EGUs, to repeal the States previously sunsetted NOX Budget Trading Program regulations, and to repeal the States Clean Air Interstate Rule CAIR regulations. EPA is also proposing to conditionally approve into the SIP state regulations that establish monitoring and reporting requirements for units subject to the NOX SIP Call, including alternative monitoring options for certain sources for NOX SIP
Call purposes. In addition, EPA is proposing to make ministerial changes to reflect the States renumbering of an existing regulation for New Combustion Sources.
DATES: Comments must be received on or before April 2, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR04
OAR20200129 at www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Multimedia submissions audio, video, etc. must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment
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SUMMARY:

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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 www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Steven Scofield, 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 303038960.
The telephone number is 404 562
9034. Mr. Scofield can also be reached via electronic mail at scofield.steve@
epa.gov.
SUPPLEMENTARY INFORMATION:

I. Background Under Clean Air Act CAA or Act section 110a2DiI, also called the good neighbor provision, states are required to address the interstate transport of air pollution. Specifically, the good neighbor provision requires that each states implementation plan contain adequate provisions to prohibit air pollutant emissions from within the state that will significantly contribute to nonattainment of the national ambient air quality standards NAAQS, or that will interfere with maintenance of the NAAQS, in any other state.
In October 1998 63 FR 57356, EPA
finalized the Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone NOX SIP Call. The NOX SIP
Call required eastern states, including Alabama, to submit SIPs that prohibit excessive emissions of ozone season NOX by implementing statewide emissions budgets.1 The NOX SIP Call addressed the good neighbor provision for the 1979 ozone NAAQS and was designed to mitigate the impact of transported NOX emissions, one of the precursors of ozone.2 EPA developed the NOX Budget Trading Program, an allowance trading program that states could adopt to meet their obligations under the NOX SIP Call. This trading program allowed the following sources to participate in a regional cap and trade 1 See
63 FR 57356 October 27, 1998.
originally promulgated, the NOX SIP Call also addressed good neighbor obligations under the 1997 8-hour ozone NAAQS, but EPA subsequently stayed and later rescinded the rules provisions with respect to that standard. See 65 FR 56245
September 18, 2000; 84 FR 8422 March 8, 2019.
2 As
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program: Generally EGUs with capacity greater than 25 megawatts MW; and large industrial non-EGUs, such as boilers and combustion turbines, with a rated heat input greater than 250 million British thermal units per hour MMBtu/
hr. The NOX SIP Call also identified potential reductions from cement kilns and stationary internal combustion engines.
To comply with the NOX SIP Call requirements, in 2001, the Alabama Department of Environmental Management ADEM submitted a revision to add new rule sections to the SIP-approved version of Alabama Administrative Code Chapter 33531, General Provisions, and Chapter 3353
8, Control of Nitrogen Oxides Emissions. EPA approved the revision as compliant with Phase I of the NOX
SIP Call in 2001. See 66 FR 36919 July 16, 2001. The approved revision required EGUs and large non-EGUs in the State to participate in the NOX
Budget Trading Program beginning in 2004. In 2005, Alabama submitted, and EPA approved, a SIP revision to address additional emissions reductions required for the NOX SIP Call under Phase II. See 70 FR 76694 Dec. 28, 2005.
In 2005, EPA published CAIR, which required several eastern states, including Alabama, to submit SIPs that prohibited emissions consistent with revised ozone season and annual NOX
budgets. See 70 FR 25162 May 12, 2005; see also 71 FR 25328 April 28, 2006. CAIR addressed the good neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate matter PM2.5 NAAQS and was designed to mitigate the impact of transported NOX emissions with respect to ozone and PM2.5. CAIR established several trading programs that EPA
implemented through federal implementation plans FIPs for EGUs greater than 25 MW in each affected state, but not large non-EGUs; states could submit SIPs to replace the FIPs that achieved the required emission reductions from EGUs and/or other types of sources.3 When the CAIR
trading program for ozone season NOX
was implemented beginning in 2009, EPA discontinued administration of the NOX Budget Trading Program; however, the requirements of the NOX SIP Call continued to apply.
On October 1, 2007 72 FR 55659, EPA approved revisions to Alabamas SIP that incorporated requirements for CAIR. Consistent with CAIRs 3 CAIR had separate trading programs for annual sulfur dioxide emissions, seasonal NOX emissions, and annual NOX emissions.

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