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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Proposed Rules
convert the emission factors to mass emissions. ADEM Rule 33538.721a requires units to monitor and report under Part 75 if required by any other regulation or permit, and allows any other unit to choose to report under Part 75. ADEM Rules 33538-.721b and 33538-.721c together provide the requirements for units that are required to, or choose to, operate a CEMS outside of Part 75 requirements.
ADEM Rule 33538-.721c requires NOx budget units operating a CEMS to comply with any applicable monitoring and reporting regulations, and outlines the methods by which a NOx budget unit shall calculate the NOx mass emissions in tons for compliance under the NOx Budget Program. ADEM
Rule 33538-.721b outlines additional quality assurance and compliance requirements for NOx budget units that choose to operate a CEMS. Last, ADEM Rule 33538.721d provides that any unit not covered under ADEM Rule 33538.721a, b, or c, must calculate NOx mass emissions through the use of emissions factors. In addition, ADEM
Rule 33538-.721e requires units to submit a monitoring protocol to ADEM
for review and approval. For all compliance options, ADEM Rule 3353
8-.722 requires units to submit their ozone season NOx emissions to ADEM
as part of an annual compliance report and certification no later than November 30th following each ozone season.
As discussed above, in order to address the requirements of the NOx SIP
Call for sources that are not covered under a CSAPR trading program for ozone season NOx emissions, SIP
revisions must provide for enforceable emissions limitations and require emissions monitoring consistent with the NOx SIP Calls general enforceability and monitoring requirements.12 In this notice, EPA is proposing to find that ADEM Rule 335
38-.71 meets the requirement under 40
CFR 51.121f2 for enforceable limits on the subject units collective emissions of ozone season NOx mass emissions. Thus, EPA is proposing to approve ADEM rule 33538-.71 into the SIP.
Further, EPA is proposing to find that ADEM Rule 33538-.72 meets the States ongoing obligations under the NOx SIP Call with respect to monitoring to ensure compliance with required limitations, with the following exception. While ADEM Rule 33538.72 generally addresses the States ongoing obligations under the NOx SIP
Call with respect to monitoring, EPA
12 See
40 CFR 51.121f2ii and 51.121i4.

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identified one issue impacting monitoring under ADEMs rule.
Accordingly, on September 15, 2020, ADEM sent a letter 13 requesting that EPA conditionally approve ADEM Rule 33538-.72 under CAA section 110k4, as ADEM inadvertently added stack testing requirements for units choosing to operate a CEMS outside of Part 75 requirements rather than for units using emissions factors, as intended. In that letter, ADEM also commits to EPA that it will make a final submission to EPA within twelve 12
months of the grant of conditional approval of the February 27, 2020
submittal to correct this stack testing issue. Based on the States commitment to submit a SIP revision addressing the identified deficiency, EPA is proposing to conditionally approve the February 27, 2020 submission, as clarified by the States September 15, 2020 letter. If Alabama meets its commitment to submit a SIP revision addressing the deficiency by 12 months from the date of final approval of this action, ADEM
Rule 33538-.72 will remain a part of the SIP until EPA takes final action approving or disapproving the new SIP
revision. However, if the State fails to submit this revision on or before 12
months from the date of final approval of this action, the conditional approval will become a disapproval and EPA will issue a notice to that effect. If the conditional approval becomes a disapproval, the disapproval triggers the requirement for EPA to issue a federal implementation plan FIP under CAA
section 110c to correct the deficiency.
2. Removal of NOX Budget Trading Program and CAIR Trading Program Regulations From Alabamas SIP
EPA proposes to approve the removal from the SIP of the States repealed NOX
Budget Trading Program and CAIR
trading program regulations. With respect to the States NOX Budget Trading Program regulations, removal from the SIP would have no substantive effect because EPA previously approved the sunsetting of these regulations when Alabama began to meet its ongoing NOX
SIP Call requirements for both EGUs and large non-EGUs through its CAIR
regulations instead. With respect to the States CAIR regulations, EPA proposes to find removal from the SIP is appropriate because the States ongoing NOX SIP Call obligations for EGUs are now being met through the States SIPapproved CSAPR regulations, the States 13 See ADEMs September 15, 2020, letter from Lance R. LeFleur, Director, to Mary S. Walker, Regional Administrator, US EPA Region 4, available in the docket for this proposed action.

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ongoing NOX SIP Call obligations for non-EGUs would be met through the rules proposed for approval into the SIP
in this action, as discussed above, and EPA is no longer administering the CAIR trading programs.
CAA section 110l provides that EPA
cannot approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment or reasonable further progress RFP, or any other applicable requirement of the CAA. EPA generally considers whether the SIP revision would worsen, preserve, or improve the status quo in air quality.
ADEMs February 27, 2020
submission seeks to remove the SIPapproved portions of the state trading program rules adopted to comply with annual CAIR programs from Alabamas SIP because the CAIR annual programs have been replaced by the CSAPR
annual programs. In addition, ADEMs February 27, 2020 submission seeks to remove the SIP-approved portions of the States trading program rules adopted to comply with ozone season CAIR
programs from Alabamas SIP because the CAIR program has been replaced by CSAPR for EGUs, and, if approved, Alabamas state control program would address the outstanding NOX SIP Call requirements for non-EGUs. With respect to non-EGUs, ADEMs February 27, 2020 submission contains a technical demonstration showing that no increase in NOX ozone season emissions is expected to result from the removal of CAIR because the combined potential to emit from non-EGU sources remains below CAIR budget levels.
In this notice, EPA is proposing to approve the removal of the CAIR-related provisions from Alabamas SIP because removal of these provisions is appropriate and consistent with all applicable requirements, including 40
CFR 51.121 and CAA section 110l. As explained above, the D.C. Circuit remanded CAIR to EPA in 2008;
however, the court left CAIR in place while EPA worked to develop a new interstate transport rule. CSAPR was promulgated to respond to the Courts concerns and to replace CAIR. The implementation of CSAPR was delayed for several years beyond its originally expected implementation timeframe of 2012, and therefore, the sunsetting of CAIR was also deferred. CAIR was implemented through the 2014
compliance periods and was replaced by CSAPR on January 1, 2015. EPA
promulgated regulations to sunset the CAIR trading programs and is no longer
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