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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules
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Calls general enforceability and monitoring requirements at 51.121f1 and i1, respectively, but states are no longer be required to satisfy these general NOX SIP Call requirements specifically through the adoption of 40 CFR part 75 monitoring requirements.
After evaluating the various options available following EPAs March 8, 2019, revision to the NOX SIP Call requirements, ADEM revised its regulations to address NOX SIP Call requirements and adopt alternative monitoring options for certain large non-EGUs. The changes require large non-EGUs in the State to address the NOX SIP Calls requirements for enforceable limits on ozone season NOX
mass emissions in a manner that does not rely on the administration of an interstate trading program. In addition, Alabama had previously revised its regulations to remove NOX Budget Trading Program and CAIR trading program provisions after EPA stopped administering those programs. The February 27, 2020 SIP revision submitted by ADEM requests approval into the SIP of all of these rule changes.
The contents of the submittal and EPAs analysis is further discussed in Section III.
II. Why is EPA proposing these actions?
ADEMs February 27, 2020, letter 10
requests that EPA approve into the SIP
changes to ADEM Administrative Code Chapter 33538 to include Rule 335
38.71, NOX Budget Program, and Rule 33538.72, NOX Budget Program Monitoring and Reporting, to maintain state compliance with the federal NOX SIP Call regulations at 40
CFR 51.121 and 51.122, and to provide alternative monitoring options for certain large non-EGUs. Additionally, Alabama requests that EPA approve the removal from the SIP of the States repealed CAIR trading program and NOX Budget Trading Program rules, as those state regulations have been replaced by CSAPR for EGUs and by the States new rules for non-EGUs. ADEM
also requests that EPA approve the States renumbering of the existing regulation titled New Combustion Sources from Rule 33538.14 to Rule 33538.05. The submission includes a demonstration under CAA section 110l intended to show that the revision does not interfere with any applicable CAA
requirements. As discussed later, EPA
10 On February 27, 2020, Alabama also submitted other SIP revisions which will be addressed in separate actions. This submission also includes amended regulations which are not part of the federally-approved SIP and are therefore not addressed in this notice.

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has reviewed these changes, preliminarily finds them consistent with the CAA and regulations governing the NOX SIP Call, with one exception, and is proposing to approve the revisions to incorporate the NOX SIP Call regulations into the States implementation plan and to remove the NOX Budget Trading Program and CAIR
trading program regulations from the SIP. The exception is that EPA is proposing to conditionally approve the regulations that establish monitoring and reporting requirements for NOX
budget units.
III. Analysis of Alabamas Submission As discussed above, ADEM has revised its regulations to require nonEGUs to maintain compliance with NOX
SIP Call requirements without participation in an interstate trading program. ADEM updated Chapter 335
38, Control of Nitrogen Oxides Emissions by revising Chapter 3353
8 to add Rule 33538.71, NOX
Budget Program and Rule 33538.72, NOX Budget Program Monitoring and Reporting, to maintain state compliance with the federal NOX SIP
Call regulations at 40 CFR 51.121 and 51.122 for large non-EGUs and to adopt an alternative monitoring option for certain large non-EGUs. EPA previously approved Alabamas sunsetting of the States NOX Budget Trading Program regulations when that program was replaced by the CAIR trading program for ozone season NOX. The State subsequently repealed its NOX Budget Trading Program regulations from Alabama Administrative Code Chapters 33531 and 33538 and now requests removal of those regulations from the SIP. Also, because EPA has stopped administering the CAIR trading programs, the State repealed all CAIR
and CAIR-related regulations from Alabama Administrative Code Chapters 33531, 33535, and 33538 and now requests removal of these regulations from the SIP as well.11
Lastly, ADEM requests that EPA
approve a ministerial change that would update the SIP to reflect the States renumbering of the existing regulation 11 EPA is proposing to approve removal of the following rules related to the NOX Budget Trading Program and CAIR from Alabamas SIP: 33531.14, 33531-.16, 33535-.06 through 33535-.08, 33535-.11 through .14, 33538-.05 through 335
38-.13, 33538-.16 through 33538-.18, 3353
8-.20, 33538-.21, 33538-.23 through 33538.27, 33538-.29, 33538-.30, 33538-.32, and 33538-.33. Other Alabama rules that share many of the same rule numbers would not be removed from the SIP; these rules relate to the States CSAPR
and CSAPR Update trading programs.

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titled, New Combustion Sources from Rule 33538.14 to Rule 33538-.05.
1. Revised State Regulations ADEM added Rule 33538-.71, NOX
Budget Program, to establish a state control program for sources that are subject to the NOX SIP Call, but not covered under the CSAPR Update trading program. ADEM Rule 33538.71 is designed to ensure that the States large non-EGUs will continue to satisfy NOX SIP Call requirements for enforceable limits on ozone season NOX
mass emissions.
ADEM Rule 33538-.714 and 5
contain the rules applicability provisions, generally covering all existing and new non-EGUs including cogeneration units that would have been subject to the NOx Budget Trading Program and that are not subject to the CSAPR Update trading program. ADEM
Rule 33538-.716a defines the budget for the State at 2,328 tons per ozone season, which is the portion of the States trading budget under the NOx Budget Trading Program assigned to non-EGUs, and restricts the collective emissions from the States affected large non-EGUs from exceeding the budget during each control period. ADEM Rule 33538-.716a also states that Alabama will conduct an annual review of the actual NOx emissions to ensure that the state budget has not been exceeded. Further, in the event of an exceedance, Alabama will submit a revised SIP to EPA which compensates for any potential budget shortfall and ensures the state program budget is met in all future years. ADEM Rule 3353
8-.716b requires monitoring and reporting of NOx emissions from covered units according to the methods specified in ADEM Rule 33538-.72.
Other provisions of ADEM Rule 3353
8-.71 address definitions, recordkeeping requirements, and liability.
ADEM Rule 33538-.72, NOx Budget Program Monitoring and Reporting, requires all owners and operators of covered NOx budget units to implement a monitoring and reporting system necessary to attribute ozone season NOx mass emissions to each individual NOx budget unit at the source and provide a compliance certification report following each ozone season. ADEM Rule 33538-.721
requires units to monitor and report ozone season NOx mass emissions determined under one of the following alternatives: 1 40 CFR part 75; 2 NOx CEMS, with a requirement to convert the NOx concentration or NOx emission rate derived from the CEMS to mass emissions; or 3 the use of approved emissions factors, with a requirement to
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