Air Plan Approval; Alabama; Standards for Granting Permits and Major New Source Review Permit Rules

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R04-OAR-2024-0387; FRL-12923-01-R4]</DEPDOC> <SUBJECT>Air Plan Approval; Alabama; Standards for Granting Permits and Major New Source Review Permit Rules</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing to approve a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) on December 20, 2023. The proposed SIP revision consists of minor changes to certain air permit regulations that have been revised by the State agency since EPA last approved those provisions. EPA is proposing to approve the SIP revision pursuant to the Clean Air Act (CAA or Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before September 11, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R04-OAR-2024-0387 at <E T="03">regulations.gov.</E> Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">regulations.gov.</E> 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 ( <E T="03">i.e.,</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 <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Faith Goddard, Multi-Air Pollutant Coordination 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) 562-8757. Ms. Goddard can also be reached via electronic mail at <E T="03">goddard.faith@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> On December 20, 2023, ADEM submitted a revision to Alabama Administrative Code (Ala. Admin. Code) Chapter 335-3-14 in the Alabama SIP. <SU>1</SU> <FTREF/> In the Alabama SIP, Chapter 335- 3-14 contains ADEM's SIP-approved air permit regulations. In the December 20, 2023, SIP revision, ADEM seeks to revise Rules 335-3-14-.03, 335-3-14-.04, and 335-3-14-.05 to correct administrative errors and update outdated information. Rule 335-3-14-.03 contains standards for granting air permits within the State. Rules 335-3-14-.04 and 335-3-14-.05 contain ADEM's CAA “New Source Review” (NSR) permitting program regulations for “major” stationary sources (“major NSR” program regulations). Section 335-3-14-.04 contains ADEM's “Prevention of Significant Deterioration” (PSD) permitting program regulations, and Section 335-3-14-.05 contains ADEM's “Nonattainment NSR” (NNSR) permitting program regulations. <FTNT> <SU>1</SU>  The December 20, 2023, submittal contains revisions to other Alabama SIP-approved rules that are not addressed in this notice of proposed rulemaking (NPRM). EPA will act on those changes in separate rulemakings. The December 20, 2023, SIP revision addressed in this NPRM originally transmitted changes to Ala. Admin. Code Chapters 335-3-14 and 335-3-15. On March 8, 2024, ADEM submitted a letter withdrawing the changes to Chapter 335-3-15 and certain changes to Chapter 335-3-14. The March 8, 2024, withdrawal letter is in the rulemaking docket for this proposed action (the March 8, 2024, withdrawal letter incorrectly notes the SIP submittal date as December 19, 2023). In this NPRM, EPA is proposing action on the changes to Chapter 335-3-14 remaining before EPA for consideration. </FTNT> The CAA NSR program is a preconstruction review and air permitting program that applies to certain new and modified stationary sources of air pollution regulated under the CAA. CAA section 110(a)(2)(C) provides that SIPs must include a program to regulate the construction and modification of any stationary source as necessary to assure that the national ambient air quality standards (NAAQS) are achieved and cites to more detailed CAA permitting requirements that pertain to the construction of major sources of air pollution, known collectively as the CAA NSR program. The CAA NSR program consists of the following three programs: (1) PSD for major stationary sources and major modifications in attainment and unclassifiable areas; (2) NNSR for major stationary sources and major modifications locating in or impacting nonattainment areas, and (3) minor NSR, which applies generally to attainment, unclassifiable, and nonattainment areas for new sources and modifications that fall below major NSR thresholds. Federal regulations setting forth these NSR programs are prescribed at 40 CFR part 51, subpart I, <E T="03">Review of New Sources and Modifications,</E> and Appendix S to part 51, <E T="03">Emission Offset Interpretive Ruling.</E> Specifically, 40 CFR 51.165 prescribes minimum SIP requirements for NNSR programs in conjunction with Appendix S to part 51, and 40 CFR 51.166 prescribes minimum SIP requirements for PSD programs. The regulations at 40 CFR 51.160-164 are generally applicable to all NSR programs, but because of more specific implementing regulations for the NNSR and PSD programs at 40 CFR 51.165 and 51.166, respectively, they serve primarily as the basis for EPA's evaluation of minor NSR programs. In this NPRM, EPA is evaluating minor changes to ADEM's standards for granting permits and major NSR permit rules and is proposing to approve these revisions because they meet all the applicable CAA requirements. <E T="03">See</E> CAA section 110(k)(3). <HD SOURCE="HD1">II. Analysis of the State's SIP Submittal</HD> <HD SOURCE="HD2">A. Rule 335-3-14-.03, Standards for Granting Permits</HD> In the December 20, 2023, SIP revision, ADEM seeks to revise Rule 335-3-14-.03 to correct a cross-reference citation at Rule 335-3-14-.03(1)(g)1 to the significant impact levels listed in subparagraph (1)(g). <SU>2</SU> <FTREF/> EPA proposes to approve this administrative correction as consistent with CAA requirements. <SU>3</SU> <FTREF/> <FTNT> <SU>2</SU>  Section 335-3-14-.03 was originally approved into the SIP on May 31, 1972, with periodic revisions approved through September 26, 2012. <E T="03">See</E> 37 FR 10842, 77 FR 59100. </FTNT> <FTNT> <SU>3</SU>  Changes to Rule 335-3-14-.03(1)(h) were withdrawn by ADEM from the December 20, 2023, SIP revision on March 8, 2024. </FTNT> <HD SOURCE="HD2">B. Rule 335-3-14-.04, Air Permits Authorizing Construction in Clean Air Areas [Prevention of Significant Deterioration Permitting (PSD)]</HD> In the December 20, 2023, SIP revision, ADEM seeks to revise Rule 335-3-14-.04 to make administrative changes at Rules 335-3-14-.04(2)(a)1 and 335-3-14-.04(2)(bbb) and a clarifying change at Rule 335-3-14-.04(15)(e). <SU>4</SU> <FTREF/> ADEM revises the definition of “major stationary source” at Rule 335-3-14-.04(2)(a)1 by numbering the list of major stationary source categories, renumbering subsequent parts of the definition, removing the word “and,” and correcting typographical errors by removing an unnecessary hyphen and changing “changes” to “change.” ADEM also changes “section” to “subparagraph” at Rule 335-3-14-.04(2)(bbb) and clarifies that the “baseline concentration” for evaluation of the maximum allowable increase at Rule 335-3-14-.04(15)(e) is the “minor source baseline concentration,” consistent with the federal PSD regulations. <SU>5</SU> <FTREF/> EPA proposes to approve these administrative and clarifying changes as consistent with CAA requirements. <FTNT> <SU>4</SU>  Section 335-3-14-.04 was originally approved into the SIP on November 10, 1981, with periodic revisions approved through July 3, 2019. <E T="03">See</E> 46 FR 55517, 84 FR 31741. </FTNT> <FTNT> <SU>5</SU>   <E T="03">See</E> 40 CFR 51.166(p)(4). </FTNT> <HD SOURCE="HD2">C. Rule 335-3-14-.05, Air Permits Authorizing Construction in or Near Nonattainment Areas</HD> In the December 20, 2023, SIP revision, ADEM seeks to revise Rule 335-3-14-.05 to make administrative changes at Rules 335-3-14-.05(1)(k) and 335-3-14-.05(4)(d), correct a spelling error at Rule 335-3-14-.05(3), and update outdated information and references at Rule 335-3-14-.05(4)(e). <SU>6</SU> <FTREF/> ADEM revises Rule 335-3-14-.05(1)(k) by numbering the stationary source categories listed therein, corrects a typographical error at Rule 335-3-14-.05(3) by changing “nonattainment are” to “nonattainment area,” and changes “section” to “paragraph” at Rule 335-3-14-.05(4)(d). ADEM also updates Rule 335-3-14-.05(4)(e) to provide that a source may obtain an emissions credit, also referred to as an offset credit, in cases where a hydrocarbon is replaced by a compound listed as having negligible photochemical reactivity in 40 CFR 51.100(s), consistent with the federal NNSR regulations. This update deletes an outdated reference to EPA's “Recommended Policy on Control of Volatile Organic <FTREF/> Compounds.”  <SU>7</SU> <E T="03">See</E> 42 FR 35314, July 8, 1977. EPA proposes to approve these administrative changes, t ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━