82 FR 38660 - Air Plan Approval; Alabama: Prevention of Significant Deterioration Updates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range		38660-38664
FR Document		2017-17220
The Environmental Protection Agency (EPA) is proposing to approve portions of revisions to Alabama's State Implementation Plan (SIP), submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on May 8, 2013, and August 23, 2016. The portions of these SIP revisions that EPA proposes to approve relate to the State's Prevention of Significant Deterioration (PSD) permitting program. This action is being proposed pursuant to the Clean Air Act (CAA or Act).
Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38660-38664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0360; FRL-9966-39-Region 4]


Air Plan Approval; Alabama: Prevention of Significant 
Deterioration Updates

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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[[Page 38661]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of revisions to Alabama's State Implementation Plan 
(SIP), submitted by the State of Alabama, through the Alabama 
Department of Environmental Management (ADEM), on May 8, 2013, and 
August 23, 2016. The portions of these SIP revisions that EPA proposes 
to approve relate to the State's Prevention of Significant 
Deterioration (PSD) permitting program. This action is being proposed 
pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before September 14, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04-
OAR-2017-0360 at http://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 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is the agency taking?

    On May 8, 2013, and August 23, 2016, ADEM submitted SIP revisions 
for EPA's approval that include changes to Alabama's PSD permitting 
regulations, among other changes.\1\ In this document, EPA is proposing 
to approve certain portions of these submittals that make changes to 
ADEM Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing 
Construction in Clean Areas (Prevention of Significant Deterioration 
(PSD),'' which applies to the construction or modification of any major 
stationary source in areas designated as attainment or unclassifiable 
as required by part C of title I of the CAA.
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    \1\ EPA's regulations governing the implementation of New Source 
Review (NSR) permitting programs are contained in 40 CFR 51.160-
51.166; 52.21, 52.24; and part 51, Appendix S. The CAA NSR program 
is composed of three separate programs: PSD, NNSR, and Minor NSR. 
PSD is established in part C of title I of the CAA and applies in 
areas that meet the NAAQS--``attainment areas''--as well as areas 
where there is insufficient information to determine if the area 
meets the NAAQS--``unclassifiable areas.'' The NNSR program is 
established in part D of title I of the CAA and applies in areas 
that are not in attainment of the NAAQS--``nonattainment areas.'' 
The Minor NSR program addresses construction or modification 
activities that do not qualify as ``major'' and applies regardless 
of the designation of the area in which a source is located. 
Together, these programs are referred to as the NSR programs.
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    Alabama's May 8, 2013 SIP submittal includes changes to Rule 335-3-
14-.04 to address the Federal rule entitled ``Implementation of the New 
Source Review (NSR) Program for Particulate Matter Less Than 2.5 
Micrometers (PM2.5):\2\ Amendment to the Definition of 
`Regulated NSR Pollutant' Concerning Condensable Particulate Matter,'' 
77 FR 65107 (October 25, 2012) (hereinafter referred to as the 
PM2.5 Condensables Correction Rule), and plantwide 
applicability limits (PALs) for greenhouse gases (GHGs) as allowed in 
the Federal rule entitled ``Prevention of Significant Deterioration and 
Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide 
Applicability Limits,'' 77 FR 41051 (July 12, 2012) (hereinafter 
referred to as the GHG Step 3 Rule). In addition, the SIP submittal 
includes changes to the definition of GHGs in Rule 335-3-14-.04 and 
Rule 335-3-16 (regarding major source operating permits) to address 
EPA's July 20, 2011 rule deferring PSD requirements for carbon dioxide 
(CO2) emissions from bioenergy and other biogenic sources 
(hereinafter referred to as the ``Biomass Deferral Rule'').\3\ 
Alabama's May 8, 2013 SIP submission also includes the following 
changes to other Alabama rules: changes to the definition of Volatile 
Organic Compounds (VOCs) at Rule 335-3-1-.02; changes to the 
incorporation by reference (IBR) of the Federal New Source Performance 
Standards (NSPS) in Chapter 335-3-10 and National Emissions Standards 
for Hazardous Air Pollutants (NESHAPs) in Chapter 335-3-11; and changes 
regarding transportation conformity provisions at Rule Chapter 335-3-
16.
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    \2\ Airborne particulate matter (PM) with a nominal aerodynamic 
diameter of 2.5 micrometers or less (a micrometer is one-millionth 
of a meter, and 2.5 micrometers is less than one-seventh the average 
width of a human hair) are considered to be ``fine particles'' and 
are also known as PM2.5. Fine particles in the atmosphere 
are made up of a complex mixture of components including sulfate; 
nitrate; ammonium; elemental carbon; a great variety of organic 
compounds; and inorganic material (including metals, dust, sea salt, 
and other trace elements) generally referred to as ``crustal'' 
material, although it may contain material from other sources. The 
health effects associated with exposure to PM2.5 include 
potential aggravation of respiratory and cardiovascular disease 
(i.e., lung disease, decreased lung function, asthma attacks and 
certain cardiovascular issues). On July 18, 1997, EPA revised the 
NAAQS for PM to add new standards for fine particles, using 
PM2.5 as the indicator. Previously, EPA used 
PM10 (inhalable particles smaller than or equal to 10 
micrometers in diameter) as the indicator for the PM NAAQS. EPA 
established health-based (primary) annual and 24-hour standards for 
PM2.5, setting an annual standard at a level of 15.0 
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at 
a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997 
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The 
secondary standards are designed to protect against major 
environmental effects of PM2.5, such as visibility 
impairment, soiling, and materials damage. On October 17, 2006, EPA 
revised the primary and secondary 24-hour NAAQS for PM2.5 
to 35 [micro]g/m\3\ and retained the existing annual 
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On 
January 15, 2013, EPA published a final rule revising the annual 
PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086).
    \3\ Emissions of CO2 from a stationary source 
directly resulting from the combustion or decomposition of 
biologically-based materials other than fossil fuels and mineral 
sources of carbon (e.g., calcium carbonate) and biologically-based 
material (non-fossilized and biodegradable organic material 
originating from plants, animals or micro-organisms, including 
products, by-products, residues and waste from agriculture, forestry 
and related industries as well as the non-fossilized and 
biodegradable organic fractions of industrial and municipal wastes, 
including gases and liquids recovered from the decomposition of non-
fossilized and biodegradable organic material).
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    Alabama's August 23, 2016 SIP submittal includes changes to Rule 
335-3-14-.04 and Rule Chapter 335-3-16 to remove the treatment of GHGs 
as an air pollutant for the specific purpose of determining whether a 
source is a major source (or a modification thereof) in PSD and title V 
permitting requirements for the reasons discussed in Section II.A, 
below. The submittal also withdraws the portion of the State's May 8, 
2013 SIP submittal that revises Rule 335-3-14-.04 to address the 
Biomass Deferral Rule and makes changes to the GHG Step 3 language 
proposed in Alabama's May 8, 2013 submittal.
    Currently, EPA is only proposing to approve the portions of the May 
8, 2013 submittal that make changes to the GHG

[[Page 38662]]

PAL provisions pursuant to the GHG Step 3 rule and the portions of the 
August 23, 2016 submittal that discontinue regulation of GHGs as an air 
pollutant for the specific purpose of determining whether a source is a 
major source (or a modification thereof) in PSD and title V permitting 
requirements and that make changes to the GHG Step 3 language proposed 
in Alabama's May 8, 2013 submittal. EPA is not acting on the remaining 
portions of these submittals for the following reasons:
     EPA previously acted upon the changes to the definition of 
VOCs at Rule 335-3-1-.02. See 81 FR 63701 (September 16, 2016).
     The revisions that address the Regulated PM2.5 
Condensables Correction Rule are unnecessary because the errors 
corrected by the Rule were never incorporated into Alabama's SIP.\4\ 
See 77 FR 59100 (September 26, 2012).
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    \4\ In a May 2, 2011 SIP revision, Alabama requested that EPA 
incorporate the term ``Particulate matter (PM)'' emissions into its 
SIP-approved definition of ``regulated NSR pollutant'' at Rule 335-
3-14-.04(2)(ww)5, among other changes. Following EPA's proposed 
approval of the PM2.5 Condensables Correction Rule, 
Alabama submitted a supplemental letter on June 18, 2012, requesting 
that EPA not approve the proposed change at 335-3-14-.04(2)(ww)5 
when taking action on the May 2, 2011, SIP revision.
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     EPA will act on the transportation conformity revisions in 
a separate action.
     In its August 23, 2016 SIP revision, Alabama withdrew the 
portion of its May 8, 2013 SIP revision that addressed the Biomass 
Deferral Rule.
     ADEM Administrative Code Chapter 335-3-10--``Standards of 
Performance for New Stationary Sources,'' Chapter 335-3-11--``National 
Emission Standards for Hazardous Air Pollutants,'' and Chapter 335-3-
16--``Major Source Operating permits,'' are not part of Alabama's SIP; 
therefore, EPA cannot make the changes to these regulations.

II. Background

    On January 2, 2011, GHG emissions were, for the first time, covered 
by the PSD and title V operating permit programs.\5\ To establish a 
process for phasing in the permitting requirements for stationary 
sources of GHGs under the CAA PSD and title V programs, on June 3, 
2010, EPA published a final rule entitled ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule'' (hereinafter 
referred to as the GHG Tailoring Rule). See 75 FR 31514. In Step 1 of 
the GHG Tailoring Rule, which began on January 2, 2011, EPA limited 
application of PSD and title V requirements to sources and 
modifications of GHG emissions, but only if they were subject to PSD or 
title V ``anyway'' due to their emissions of pollutants other than 
GHGs. These sources are referred to as ``anyway sources.''
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    \5\ See the rule entitled ``Reconsideration of Interpretation of 
Regulations that Determine Pollutants Covered by Clean Air Act 
Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010).
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    In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 
2011, the PSD and title V permitting requirements applied to some 
sources that were classified as major sources based solely on their GHG 
emissions or potential to emit GHGs. Step 2 also applied PSD permitting 
requirements to modifications of otherwise major sources that would 
increase only GHG emissions above the level in EPA regulations. EPA 
generally described the sources covered by PSD during Step 2 of the 
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
    Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012. 
See 77 FR 41051. In this rule, EPA decided against further phase-in of 
the PSD and title V requirements for sources emitting lower levels of 
GHG emissions. Thus, the thresholds for determining PSD applicability 
based on emissions of GHGs remained the same as established in Steps 1 
and 2 of the Tailoring Rule.
    The GHG PALs portion of the July 12, 2012 final rule revised EPA 
regulations under 40 CFR part 52 for establishing PALs for GHG 
emissions. A PAL establishes a site-specific plantwide emission level 
for a pollutant that allows the source to make changes at the facility 
without triggering the requirements of the PSD program, provided that 
its actual emissions at the facility do not exceed the PAL level. Prior 
to the July 12, 2012 rule, PALs were available for non-GHG pollutants 
and for GHGs on a mass basis. EPA's rule revised the PAL regulations to 
allow for GHG PALs to be established on a carbon dioxide equivalent 
(CO2e)\6\ basis, as well as a mass basis. See 77 FR 41051 
(July 12, 2012). These regulatory changes provided sources with 
flexibility in implementing PALs for GHGs.
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    \6\ CO2e emissions refers to emissions of six 
recognized GHGs other than CO2 which are scaled to 
equivalent CO2 emissions by relative global warming 
potential values, then summed with CO2 to determine a 
total equivalent emissions value. See 40 CFR 51.166(48)(ii) and 
52.21(49)(ii).
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    On June 23, 2014, the U.S. Supreme Court addressed the application 
of stationary source permitting requirements to GHG emissions in 
Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The 
Supreme Court upheld EPA's regulation of GHG Step 1--or ``anyway'' 
sources--but held that EPA may not treat GHGs as air pollutants for the 
purpose of determining whether a source is a major source (or is 
undergoing a major modification) and thus require the source to obtain 
a PSD or title V permit. Therefore, the Court invalidated PSD and title 
V permitting requirements for GHG Step 2 sources.
    In accordance with the Supreme Court decision, on April 10, 2015, 
the D.C. Circuit issued an Amended Judgment vacating the regulations 
that implemented Step 2 of the GHG Tailoring Rule, but not the 
regulations that implement Step 1 of the GHG Tailoring Rule. Coalition 
for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 
2015). The D.C. Circuit's Judgment specifically vacated the EPA 
regulations under review (including 40 CFR 51.166(b)(48)(v) and 40 CFR 
52.21(b)(49)(v)) ``to the extent they require a stationary source to 
obtain a PSD permit if greenhouse gases are the only pollutant (i) that 
the source emits or has the potential to emit above the applicable 
major source thresholds, or (ii) for which there is a significant 
emissions increase from a modification.'' Id. at 7-8.
    EPA promulgated a good cause final rule on August 19, 2015, 
entitled ``Prevention of Significant Deterioration and Title V 
Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.'' 
See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the Good 
Cause GHG Rule). The rule removed from the Federal regulations the 
portions of the PSD permitting provisions for Step 2 sources that were 
vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and 
52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct 
PSD permitting for Step 2 sources, nor can the Agency approve 
provisions submitted by a state for inclusion in their SIP providing 
this authority. In addition, on October 3, 2016, EPA proposed to revise 
provisions in the PSD permitting regulations applicable to GHGs to 
address the GHG applicability threshold for PSD in order to fully 
conform with UARG and the Amended Judgment, but those revisions have 
not been finalized. See 81 FR 68110.

III. Analysis of the State's Submittals

A. Alabama's May 8, 2013 Submittal

    Alabama's May 8, 2013 SIP submittal seeks to add to the Alabama SIP 
elements of EPA's July 12, 2012 rule implementing Step 3 of the phase-
in of PSD permitting requirements for GHGs

[[Page 38663]]

described in the GHG Step 3 Rule by modifying a PAL provision at Rule 
335-3-14-.04(23)(b)4.\7\ As explained in Section II above, a PAL 
establishes a site-specific plantwide emission level for a pollutant 
that allows the source to make changes to units at the facility without 
triggering the requirements of the PSD program, provided that facility-
wide emissions do not exceed the PAL.
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    \7\ As discussed in Section I above, EPA is not acting on the 
remaining portions of this submittal.
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    The Federal PSD regulations currently include PAL provisions that 
apply to GHG-only, or Step 2, sources. However, some of these 
provisions may no longer be applicable in light of the Supreme Court's 
decision in UARG and the D.C. Circuit's Amended Judgment. The Supreme 
Court determined that sources and modifications may not be defined as 
``major'' solely on the basis of GHGs emitted or increased, and 
consequently PALs for GHGs may no longer be authorized in instances in 
which a source has triggered PSD based on GHG emissions alone. EPA has 
proposed action in an October 3, 2016 proposed rule to clarify the GHG 
PAL rules. See 81 FR 68110. However, PALs for GHGs may still have a 
role to play in determining whether a source that is already subject to 
PSD for a pollutant other than GHGs should also be subject to PSD for 
GHGs. The existing GHG PALs regulations do not add new requirements for 
sources or modifications that only emit or increase GHGs above the 
major source threshold, or the 75,000 ton per year (tpy) GHG level in 
40 CFR 52.21(b)(49)(iv), but rather provide increased flexibility to 
sources that wish to manage their GHG emissions by way of a PAL.
    In its May 8, 2013 SIP submittal, Alabama seeks to modify the 
definition of ``major emissions unit'' in its SIP-approved PAL 
regulations by adding the phrase ``any emissions unit that has the 
potential to emit 100,000 tons per year of GHG as CO2e.'' The State 
subsequently revised this threshold from 100,000 tpy to 75,000 tpy as 
part of its August 23, 2016 submittal, as discussed below. Given this 
subsequent revision, the text that EPA is proposing to add to the SIP-
approved definition of ``major emissions unit'' at Rule 335-3-
14-.04(23)(b)4. reads as follows: ``any emissions unit that has the 
potential to emit 75,000 tons per year of GHG as CO2e'' into the SIP-
approved definition of ``major emissions unit'' at Rule 335-3-
14-.04(23)(b)4.
    EPA has preliminarily concluded that approving these changes into 
the SIP will not interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in section 171), 
or any other applicable requirement of the CAA. EPA discussed the 
effects of PALs in the Supplemental Analysis of the Environmental 
Impact of the 2002 Final NSR Improvement Rules (November 21, 2002) 
(2002 Supplemental Analysis). The Supplemental Analysis explained, 
``[t]he EPA expects that the adoption of PAL provisions will result in 
a net environmental benefit. Our experience to date is that the 
emissions caps found in PAL-type permits result in real emissions 
reductions, as well as other benefits.'' Supplemental Analysis at 6; 
see also 76 FR 49313, 49315 (August 10, 2011). EPA further discussed 
the effects of PALs in the GHG Step 3 Rule, including the benefits of 
GHG PALs. See 77 FR 41059-60. EPA is therefore proposing to approve the 
changes to the PAL provisions into the Alabama SIP, as amended in the 
August 23, 2016 submittal discussed below.

B. Alabama's August 23, 2016 Submittal

    Alabama's August 23, 2016 SIP submittal makes further changes to 
the State's PSD permitting regulation at Rule 335-3-14-.04. This 
submittal revises the GHG PALs threshold in Rule 335-3-14-.04(23)(b)4 
proposed in the May 8, 2013, submittal from 100,000 tpy to 75,000 tpy, 
as mentioned in section III.A above.\8\ The SIP submittal also revises 
the applicability of PSD for GHGs by removing language regulating GHG-
only (i.e., Step 2) sources in Rules 335-3-14-.04(1)(k) and 335-3-
14-.04(2)(a) to align with current federal requirements, as discussed 
below.
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    \8\ As discussed in Section I, above, EPA is not acting on the 
remaining portions of this submittal. The submittal also withdraws 
the change proposed to Rule 335-3-14-.04(2)(zz) in the State's May 
8, 2013 SIP submittal to address the Biomass Deferral Rule.
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    Alabama modifies its applicability language for GHGs to regulate 
only ``anyway'' sources. The State revises Rule 335-3-14-.04(1)(k) in 
its PSD applicability regulations and the definition of ``Major 
Stationary Source'' at Rule 335-3-14-.04(2)(a) by removing language 
that would subject a source to PSD requirements through GHG emissions 
alone. The proposed revision to subparagraph (2)(a) removes the 
following text from the definition of ``major stationary source'': 
``(iii) For GHGs, any stationary source which emits or has the 
potential to emit: (I) GHGs on a total mass rate in accordance with 
either subparagraph 2(a)1. or (2)(a)1.(i), and (II) GHGs of 100,000 
tons per year or more CO2e.'' The proposed revision to Rule 
335-3-14-.04(1)(k) replaces subparagraph (k) with the following text:

    (k) Greenhouse gases (GHGs)
    1. GHGs, as defined in Subparagraph (2)(zz) of this Rule,\9\ 
shall not be utilized in determining if a source is a major 
stationary source, as defined in Subparagraph (2)(a) of this Rule, 
or in determining if a modification is a major modification, as 
defined in Subparagraph (2)(b) of this Rule.
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    \9\ Subparagraph (2)(zz) defines ``greenhouse gases'' as ``the 
aggregate of: Carbon dioxide, nitrous oxide, methane, 
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.''
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    2. GHGs shall only be subject to the requirements of this Rule 
if:
    (i) A new major stationary source or major modification causes a 
significant emissions increase of GHGs, as defined in subparagraph 
(2)(mm) of this rule,\10\ and a significant net emissions increase 
of GHGs, as defined in subparagraphs (2)(c) and (2)(w) of this 
rule,\11\ and
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    \10\ Pursuant to subparagraph (2)(mm), ``significant emissions 
increase means, for a regulated NSR pollutant, an increase in 
emissions that is significant (as defined in subparagraph (2)(w) of 
this rule) for that pollutant.''
    \11\ As it relates to GHGs, subparagraph (2)(w) defines 
``significant,'' in reference to a net emissions increase or 
potential to emit, at a rate of 75,000 tpy of GHGs on a CO2e basis. 
This definition of ``significant'' was previously approved by EPA on 
December 29, 2010. See 75 FR 81863.
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    (ii) The new major stationary source or major modification is 
required to obtain a permit subject to the requirements of this Rule 
as a result of emissions of regulated NSR pollutants other than 
GHGs.

    Although these proposed changes to the Alabama SIP are structured 
differently than EPA's federal rules, the primary practical effect of 
both is the same: PSD requirements do not apply to GHG emissions from 
an ``anyway source'' unless the source emits GHGs at or above the 
75,000 tpy CO2e threshold.
    EPA has preliminarily concluded that proposing approval of these 
change into the SIP will not interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the CAA. Step 2 of 
the GHG Tailoring Rule was invalidated. As mentioned above, EPA 
discussed the effects of PALs in the 2002 Supplemental Analysis and the 
GHG Step 3 Rule.

IV. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, EPA is proposing the 
incorporation by reference of ADEM Administrative Code Rules 335-3-
14-.04(1)(k), 335-3-14-.04(2)(a)(ii), and 335-3-14-.04(b)4, state 
effective on November 25, 2014. Therefore, EPA is proposing approval 
for inclusion of these materials in Alabama's State implementation 
plan. Once final, and these materials have been incorporated

[[Page 38664]]

by reference by EPA into that plan, they are fully Federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\12\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
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    \12\ See 62 FR 27968 (May 22, 1997).
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V. Proposed Action

    EPA is proposing to approve the portions of Alabama's May 8, 2013 
and August 23, 2016 SIP submittals that revise the PSD permitting 
program at Rule 335-3-14-.04--``Air Permits Authorizing Construction in 
Clean Areas (Prevention of Significant Deterioration (PSD))'' by 
removing language regulating GHG-only (i.e., Step 2) sources and by 
adding language to the PAL provisions. EPA believes that these changes 
are consistent with the requirements of the CAA.

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 Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     is not a significant regulatory action 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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) 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
     does 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).
    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, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate Matter, Volatile 
organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17220 Filed 8-14-17; 8:45 am]
 BILLING CODE 6560-50-P
38660 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

remainder of the first implementation to meet their implementation schedules; in the Unfunded Mandates Reform Act
period in 2018, EPA is proposing to reduction of SO2 emissions continues to of 1995 (Pub. L. 104–4);
approve Georgia’s finding that the plan be the appropriate strategy for • does not have Federalism
elements and strategies in its improvement of visibility in Georgia’s implications as specified in Executive
implementation plan are sufficient to Class I areas; EGU SO2 emissions Order 13132 (64 FR 43255, August 10,
achieve the RPGs for the Class I area in dropped from 2002 to 2011 by 325,795 1999);
the State and for Class I areas in nearby tons,28 and the actual change in • is not an economically significant
states potentially impacted by sources visibility through 2010 for Georgia’s regulatory action based on health or
in the State. Class I areas is better than the what the safety risks subject to Executive Order
State predicted for 2010 and is 13045 (62 FR 19885, April 23, 1997);
7. Review of Current Monitoring • is not a significant regulatory action
Strategy exceeding the uniform rate of progress.
EPA proposes to find that Georgia has subject to Executive Order 13211 (66 FR
Georgia’s Progress Report summarizes adequately addressed 40 CFR 51.308(h) 28355, May 22, 2001);
the existing monitoring network in the because the visibility trends at the Class • is not subject to requirements of
State to monitor visibility in Georgia’s I areas in the State and at Class I areas Section 12(d) of the National
Class I areas and concludes that no outside the State potentially impacted Technology Transfer and Advancement
modifications to the existing visibility by sources within Georgia and the Act of 1995 (15 U.S.C. 272 note) because
monitoring strategy are necessary. The emissions trends of the largest emitters application of those requirements would
primary monitoring network for regional of visibility-impairing pollutants in the be inconsistent with the CAA; and
haze, both nationwide and in Georgia, is • does not provide EPA with the
State indicate that the relevant RPGs
the IMPROVE network. There are discretionary authority to address, as
will be met.
currently two IMPROVE sites in appropriate, disproportionate human
Georgia. One is located in the Cohutta III. Proposed Action health or environmental effects, using
Wilderness Area. The other monitor is EPA is proposing to approve Georgia’s practicable and legally permissible
located in the Okefenokee Wilderness Regional Haze Progress Report SIP methods, under Executive Order 12898
area and serves as the monitoring site revision, submitted by the State on (59 FR 7629, February 16, 1994).
for both the Okefenokee and Wolf Island The SIP is not approved to apply on
January 8, 2014, as meeting the
Wilderness Areas. any Indian reservation land or in any
applicable regional haze requirements
The State also explains the other area where EPA or an Indian tribe
set forth in 40 CFR 51.308(g) and
importance of the IMPROVE monitoring has demonstrated that a tribe has
51.308(h).
network for tracking visibility trends at jurisdiction. In those areas of Indian
Class I areas in Georgia, noting that IV. Statutory and Executive Order country, the rule does not have tribal
because IMPROVE monitoring data from Reviews implications as specified by Executive
2000–2004 serve as the baseline for the Order 13175 (65 FR 67249, November 9,
Under the CAA, the Administrator is
regional haze program, the future 2000), nor will it impose substantial
required to approve a SIP submission
regional haze monitoring strategy direct costs on tribal governments or
that complies with the provisions of the
should be based on IMPROVE data (or preempt tribal law.
Act and applicable federal regulations.
data directly comparable to IMPROVE
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52
data). Georgia also highlights that the
Thus, in reviewing SIP submissions, Environmental protection, Air
IMPROVE measurements provide the
EPA’s role is to approve state choices, pollution control, Incorporation by
only long-term record available for
provided that they meet the criteria of reference, Intergovernmental relations,
tracking visibility improvement or
the CAA. Accordingly, this proposed Nitrogen oxides, Particulate matter,
degradation. The Visibility Information
action merely proposes to approve state Reporting and recordkeeping
Exchange Web System Web site has
law as meeting federal requirements and requirements, Sulfur dioxide, Volatile
been maintained by VISTAS and the
does not impose additional organic compounds.
other Regional Planning Organizations
requirements beyond those imposed by
to provide ready access to the IMPROVE Authority: 42 U.S.C. 7401 et seq.
state law. For that reason, this proposed
data and data analysis tools.
action: Dated: August 7, 2017.
EPA proposes to find that Georgia has
adequately addressed the applicable • Is not a significant regulatory action V. Anne Heard,
provisions of 40 CFR 51.308(g) subject to review by the Office of Acting Regional Administrator, Region 4.
regarding monitoring strategy because Management and Budget under [FR Doc. 2017–17229 Filed 8–14–17; 8:45 am]
the State reviewed its visibility Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
monitoring strategy and determined that October 4, 1993) and 13563 (76 FR 3821,
no further modifications to the strategy January 21, 2011);
are necessary. • does not impose an information ENVIRONMENTAL PROTECTION
collection burden under the provisions AGENCY
B. Determination of Adequacy of of the Paperwork Reduction Act (44
Existing Regional Haze Plan U.S.C. 3501 et seq.); 40 CFR Part 52
In its Progress Report, Georgia • is certified as not having a [EPA–R04–OAR–2017–0360; FRL–9966–39–
submitted a declaration to EPA that the significant economic impact on a Region 4]
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existing regional haze plan requires no substantial number of small entities
further substantive revision at this time under the Regulatory Flexibility Act (5 Air Plan Approval; Alabama:
to achieve the RPGs for Class I areas U.S.C. 601 et seq.); Prevention of Significant Deterioration
affected by the State’s sources. The basis • does not contain any unfunded Updates
for the State’s declaration is the findings mandate or significantly or uniquely
AGENCY: Environmental Protection
from the Progress Report, including the affect small governments, as described
Agency.
findings that: The control measures in
ACTION: Proposed rule.
Georgia’s regional haze plan are on track 28 See page 39 of Georgia’s Progress Report.

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SUMMARY: The Environmental Protection among other changes.1 In this Condensable Particulate Matter,’’ 77 FR
Agency (EPA) is proposing to approve document, EPA is proposing to approve 65107 (October 25, 2012) (hereinafter
portions of revisions to Alabama’s State certain portions of these submittals that referred to as the PM2.5 Condensables
Implementation Plan (SIP), submitted make changes to ADEM Administrative Correction Rule), and plantwide
by the State of Alabama, through the Code Rule 335–3–14–.04—‘‘Air Permits applicability limits (PALs) for
Alabama Department of Environmental Authorizing Construction in Clean greenhouse gases (GHGs) as allowed in
Management (ADEM), on May 8, 2013, Areas (Prevention of Significant the Federal rule entitled ‘‘Prevention of
and August 23, 2016. The portions of Deterioration (PSD),’’ which applies to Significant Deterioration and Title V
these SIP revisions that EPA proposes to the construction or modification of any Greenhouse Gas Tailoring Rule Step 3
approve relate to the State’s Prevention major stationary source in areas and GHG Plantwide Applicability
of Significant Deterioration (PSD) designated as attainment or Limits,’’ 77 FR 41051 (July 12, 2012)
permitting program. This action is being unclassifiable as required by part C of (hereinafter referred to as the GHG Step
title I of the CAA. 3 Rule). In addition, the SIP submittal
proposed pursuant to the Clean Air Act Alabama’s May 8, 2013 SIP submittal
(CAA or Act). includes changes to the definition of
includes changes to Rule 335–3–14–.04 GHGs in Rule 335–3–14–.04 and Rule
DATES: Comments must be received on to address the Federal rule entitled 335–3–16 (regarding major source
or before September 14, 2017. ‘‘Implementation of the New Source operating permits) to address EPA’s July
Review (NSR) Program for Particulate 20, 2011 rule deferring PSD
ADDRESSES: Submit your comments, Matter Less Than 2.5 Micrometers requirements for carbon dioxide (CO2)
identified by Docket ID No EPA–R04– (PM2.5):2 Amendment to the Definition emissions from bioenergy and other
OAR–2017–0360 at http:// of ‘Regulated NSR Pollutant’ Concerning biogenic sources (hereinafter referred to
www.regulations.gov. Follow the online
as the ‘‘Biomass Deferral Rule’’).3
instructions for submitting comments. 1 EPA’s regulations governing the implementation
Alabama’s May 8, 2013 SIP submission
Once submitted, comments cannot be of New Source Review (NSR) permitting programs
are contained in 40 CFR 51.160–51.166; 52.21, also includes the following changes to
edited or removed from Regulations.gov. 52.24; and part 51, Appendix S. The CAA NSR other Alabama rules: changes to the
EPA may publish any comment received program is composed of three separate programs: definition of Volatile Organic
to its public docket. Do not submit PSD, NNSR, and Minor NSR. PSD is established in
Compounds (VOCs) at Rule 335–3–1–
part C of title I of the CAA and applies in areas that
electronically any information you meet the NAAQS—‘‘attainment areas’’—as well as .02; changes to the incorporation by
consider to be Confidential Business areas where there is insufficient information to reference (IBR) of the Federal New
Information (CBI) or other information determine if the area meets the NAAQS— Source Performance Standards (NSPS)
whose disclosure is restricted by statute. ‘‘unclassifiable areas.’’ The NNSR program is
established in part D of title I of the CAA and in Chapter 335–3–10 and National
Multimedia submissions (audio, video, applies in areas that are not in attainment of the Emissions Standards for Hazardous Air
etc.) must be accompanied by a written NAAQS—‘‘nonattainment areas.’’ The Minor NSR Pollutants (NESHAPs) in Chapter 335–
comment. The written comment is program addresses construction or modification
activities that do not qualify as ‘‘major’’ and applies
3–11; and changes regarding
considered the official comment and regardless of the designation of the area in which transportation conformity provisions at
should include discussion of all points a source is located. Together, these programs are Rule Chapter 335–3–16.
you wish to make. EPA will generally referred to as the NSR programs. Alabama’s August 23, 2016 SIP
2 Airborne particulate matter (PM) with a nominal
not consider comments or comment submittal includes changes to Rule 335–
aerodynamic diameter of 2.5 micrometers or less (a
contents located outside of the primary micrometer is one-millionth of a meter, and 2.5 3–14–.04 and Rule Chapter 335–3–16 to
submission (i.e., on the web, cloud, or micrometers is less than one-seventh the average remove the treatment of GHGs as an air
width of a human hair) are considered to be ‘‘fine pollutant for the specific purpose of
other file sharing system). For particles’’ and are also known as PM2.5. Fine
additional submission methods, the full particles in the atmosphere are made up of a
determining whether a source is a major
EPA public comment policy, complex mixture of components including sulfate; source (or a modification thereof) in
information about CBI or multimedia nitrate; ammonium; elemental carbon; a great PSD and title V permitting requirements
variety of organic compounds; and inorganic for the reasons discussed in Section
submissions, and general guidance on material (including metals, dust, sea salt, and other
making effective comments, please visit trace elements) generally referred to as ‘‘crustal’’ II.A, below. The submittal also
http://www2.epa.gov/dockets/ material, although it may contain material from withdraws the portion of the State’s
other sources. The health effects associated with May 8, 2013 SIP submittal that revises
commenting-epa-dockets. exposure to PM2.5 include potential aggravation of
respiratory and cardiovascular disease (i.e., lung
Rule 335–3–14–.04 to address the
FOR FURTHER INFORMATION CONTACT: disease, decreased lung function, asthma attacks Biomass Deferral Rule and makes
Andres Febres of the Air Regulatory and certain cardiovascular issues). On July 18, changes to the GHG Step 3 language
Management Section, Air Planning and 1997, EPA revised the NAAQS for PM to add new proposed in Alabama’s May 8, 2013
standards for fine particles, using PM2.5 as the
Implementation Branch, Air, Pesticides indicator. Previously, EPA used PM10 (inhalable submittal.
and Toxics Management Division, U.S. particles smaller than or equal to 10 micrometers Currently, EPA is only proposing to
Environmental Protection Agency, in diameter) as the indicator for the PM NAAQS. approve the portions of the May 8, 2013
EPA established health-based (primary) annual and submittal that make changes to the GHG
Region 4, 61 Forsyth Street SW., 24-hour standards for PM2.5, setting an annual
Atlanta, Georgia 30303–8960. Mr. standard at a level of 15.0 micrograms per cubic
3 Emissions of CO from a stationary source
Febres can be reached by telephone at meter (mg/m3) and a 24-hour standard at a level of 2
65 mg/m3 (62 FR 38652). At the time the 1997 directly resulting from the combustion or
(404) 562–8966 or via electronic mail at primary standards were established, EPA also decomposition of biologically-based materials other
febres-martinez.andres@epa.gov. established welfare-based (secondary) standards than fossil fuels and mineral sources of carbon (e.g.,
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identical to the primary standards. The secondary calcium carbonate) and biologically-based material
SUPPLEMENTARY INFORMATION: standards are designed to protect against major (non-fossilized and biodegradable organic material
environmental effects of PM2.5, such as visibility originating from plants, animals or micro-
I. What action is the agency taking? impairment, soiling, and materials damage. On organisms, including products, by-products,
October 17, 2006, EPA revised the primary and residues and waste from agriculture, forestry and
On May 8, 2013, and August 23, 2016, secondary 24-hour NAAQS for PM2.5 to 35 mg/m3 related industries as well as the non-fossilized and
ADEM submitted SIP revisions for and retained the existing annual PM2.5 NAAQS of biodegradable organic fractions of industrial and
15.0 mg/m3 (71 FR 61236). On January 15, 2013, municipal wastes, including gases and liquids
EPA’s approval that include changes to EPA published a final rule revising the annual recovered from the decomposition of non-fossilized
Alabama’s PSD permitting regulations, PM2.5 NAAQS to 12 mg/m3 (78 FR 3086). and biodegradable organic material).

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PAL provisions pursuant to the GHG Rule, which began on January 2, 2011, of GHG Step 1—or ‘‘anyway’’ sources—
Step 3 rule and the portions of the EPA limited application of PSD and title but held that EPA may not treat GHGs
August 23, 2016 submittal that V requirements to sources and as air pollutants for the purpose of
discontinue regulation of GHGs as an air modifications of GHG emissions, but determining whether a source is a major
pollutant for the specific purpose of only if they were subject to PSD or title source (or is undergoing a major
determining whether a source is a major V ‘‘anyway’’ due to their emissions of modification) and thus require the
source (or a modification thereof) in pollutants other than GHGs. These source to obtain a PSD or title V permit.
PSD and title V permitting requirements sources are referred to as ‘‘anyway Therefore, the Court invalidated PSD
and that make changes to the GHG Step sources.’’ and title V permitting requirements for
3 language proposed in Alabama’s May In Step 2 of the GHG Tailoring Rule, GHG Step 2 sources.
8, 2013 submittal. EPA is not acting on which applied as of July 1, 2011, the In accordance with the Supreme
the remaining portions of these PSD and title V permitting requirements Court decision, on April 10, 2015, the
submittals for the following reasons: applied to some sources that were D.C. Circuit issued an Amended
• EPA previously acted upon the classified as major sources based solely Judgment vacating the regulations that
changes to the definition of VOCs at on their GHG emissions or potential to implemented Step 2 of the GHG
Rule 335–3–1–.02. See 81 FR 63701 emit GHGs. Step 2 also applied PSD Tailoring Rule, but not the regulations
(September 16, 2016). permitting requirements to that implement Step 1 of the GHG
• The revisions that address the modifications of otherwise major Tailoring Rule. Coalition for
Regulated PM2.5 Condensables sources that would increase only GHG Responsible Regulation, Inc. v. EPA, 606
Correction Rule are unnecessary emissions above the level in EPA Fed. Appx. 6, 7 (D.C. Cir. 2015). The
because the errors corrected by the Rule regulations. EPA generally described the D.C. Circuit’s Judgment specifically
were never incorporated into Alabama’s sources covered by PSD during Step 2 vacated the EPA regulations under
SIP.4 See 77 FR 59100 (September 26, of the Tailoring Rule as ‘‘Step 2 review (including 40 CFR
2012). sources’’ or ‘‘GHG-only sources.’’ 51.166(b)(48)(v) and 40 CFR
• EPA will act on the transportation Subsequently, EPA published the 52.21(b)(49)(v)) ‘‘to the extent they
conformity revisions in a separate GHG Step 3 Rule on July 12, 2012. See require a stationary source to obtain a
action. 77 FR 41051. In this rule, EPA decided PSD permit if greenhouse gases are the
• In its August 23, 2016 SIP revision, against further phase-in of the PSD and only pollutant (i) that the source emits
Alabama withdrew the portion of its title V requirements for sources emitting or has the potential to emit above the
May 8, 2013 SIP revision that addressed lower levels of GHG emissions. Thus, applicable major source thresholds, or
the Biomass Deferral Rule. the thresholds for determining PSD
• ADEM Administrative Code (ii) for which there is a significant
applicability based on emissions of emissions increase from a
Chapter 335–3–10—‘‘Standards of GHGs remained the same as established
Performance for New Stationary modification.’’ Id. at 7–8.
in Steps 1 and 2 of the Tailoring Rule. EPA promulgated a good cause final
Sources,’’ Chapter 335–3–11—‘‘National The GHG PALs portion of the July 12,
Emission Standards for Hazardous Air rule on August 19, 2015, entitled
2012 final rule revised EPA regulations ‘‘Prevention of Significant Deterioration
Pollutants,’’ and Chapter 335–3–16— under 40 CFR part 52 for establishing
‘‘Major Source Operating permits,’’ are and Title V Permitting for Greenhouse
PALs for GHG emissions. A PAL Gases: Removal of Certain Vacated
not part of Alabama’s SIP; therefore, establishes a site-specific plantwide
EPA cannot make the changes to these Elements.’’ See 80 FR 50199 (August 19,
emission level for a pollutant that
regulations. 2015) (hereinafter referred to as the
allows the source to make changes at the
Good Cause GHG Rule). The rule
II. Background facility without triggering the
removed from the Federal regulations
requirements of the PSD program,
On January 2, 2011, GHG emissions the portions of the PSD permitting
provided that its actual emissions at the
were, for the first time, covered by the provisions for Step 2 sources that were
facility do not exceed the PAL level.
PSD and title V operating permit vacated by the D.C. Circuit (i.e., 40 CFR
Prior to the July 12, 2012 rule, PALs
programs.5 To establish a process for 51.166(b)(48)(v) and 52.21(b)(49)(v)).
were available for non-GHG pollutants
phasing in the permitting requirements EPA therefore no longer has the
and for GHGs on a mass basis. EPA’s
for stationary sources of GHGs under the authority to conduct PSD permitting for
rule revised the PAL regulations to
CAA PSD and title V programs, on June Step 2 sources, nor can the Agency
allow for GHG PALs to be established
3, 2010, EPA published a final rule approve provisions submitted by a state
on a carbon dioxide equivalent (CO2e)6
entitled ‘‘Prevention of Significant for inclusion in their SIP providing this
basis, as well as a mass basis. See 77 FR
Deterioration and Title V Greenhouse authority. In addition, on October 3,
41051 (July 12, 2012). These regulatory
Gas Tailoring Rule’’ (hereinafter referred 2016, EPA proposed to revise provisions
changes provided sources with
to as the GHG Tailoring Rule). See 75 FR in the PSD permitting regulations
flexibility in implementing PALs for
31514. In Step 1 of the GHG Tailoring applicable to GHGs to address the GHG
GHGs.
On June 23, 2014, the U.S. Supreme applicability threshold for PSD in order
4 In a May 2, 2011 SIP revision, Alabama
Court addressed the application of to fully conform with UARG and the
requested that EPA incorporate the term Amended Judgment, but those revisions
‘‘Particulate matter (PM)’’ emissions into its SIP- stationary source permitting
approved definition of ‘‘regulated NSR pollutant’’ at requirements to GHG emissions in have not been finalized. See 81 FR
Rule 335–3–14–.04(2)(ww)5, among other changes. Utility Air Regulatory Group (UARG) v. 68110.
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Following EPA’s proposed approval of the PM2.5
Condensables Correction Rule, Alabama submitted
EPA, 134 S. Ct. 2427 (2014). The III. Analysis of the State’s Submittals
a supplemental letter on June 18, 2012, requesting Supreme Court upheld EPA’s regulation
that EPA not approve the proposed change at 335–
A. Alabama’s May 8, 2013 Submittal
3–14–.04(2)(ww)5 when taking action on the May 6 CO
2e
emissions refers to emissions of six Alabama’s May 8, 2013 SIP submittal
2, 2011, SIP revision. recognized GHGs other than CO2 which are scaled seeks to add to the Alabama SIP
5 See the rule entitled ‘‘Reconsideration of to equivalent CO2 emissions by relative global
Interpretation of Regulations that Determine warming potential values, then summed with CO2
elements of EPA’s July 12, 2012 rule
Pollutants Covered by Clean Air Act Permitting to determine a total equivalent emissions value. See implementing Step 3 of the phase-in of
Programs,’’ Final Rule, 75 FR 17004 (April 2, 2010). 40 CFR 51.166(48)(ii) and 52.21(49)(ii). PSD permitting requirements for GHGs

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described in the GHG Step 3 Rule by reasonable further progress (as defined replaces subparagraph (k) with the
modifying a PAL provision at Rule 335– in section 171), or any other applicable following text:
3–14–.04(23)(b)4.7 As explained in requirement of the CAA. EPA discussed (k) Greenhouse gases (GHGs)
Section II above, a PAL establishes a the effects of PALs in the Supplemental 1. GHGs, as defined in Subparagraph
site-specific plantwide emission level Analysis of the Environmental Impact of (2)(zz) of this Rule,9 shall not be utilized in
for a pollutant that allows the source to the 2002 Final NSR Improvement Rules determining if a source is a major stationary
make changes to units at the facility (November 21, 2002) (2002 source, as defined in Subparagraph (2)(a) of
without triggering the requirements of Supplemental Analysis). The this Rule, or in determining if a modification
the PSD program, provided that facility- is a major modification, as defined in
Supplemental Analysis explained, Subparagraph (2)(b) of this Rule.
wide emissions do not exceed the PAL. ‘‘[t]he EPA expects that the adoption of 2. GHGs shall only be subject to the
The Federal PSD regulations currently PAL provisions will result in a net requirements of this Rule if:
include PAL provisions that apply to environmental benefit. Our experience (i) A new major stationary source or major
GHG-only, or Step 2, sources. However, to date is that the emissions caps found modification causes a significant emissions
some of these provisions may no longer in PAL-type permits result in real increase of GHGs, as defined in subparagraph
be applicable in light of the Supreme emissions reductions, as well as other (2)(mm) of this rule,10 and a significant net
Court’s decision in UARG and the D.C. benefits.’’ Supplemental Analysis at 6; emissions increase of GHGs, as defined in
Circuit’s Amended Judgment. The subparagraphs (2)(c) and (2)(w) of this rule,11
see also 76 FR 49313, 49315 (August 10, and
Supreme Court determined that sources 2011). EPA further discussed the effects (ii) The new major stationary source or
and modifications may not be defined as of PALs in the GHG Step 3 Rule, major modification is required to obtain a
‘‘major’’ solely on the basis of GHGs including the benefits of GHG PALs. See permit subject to the requirements of this
emitted or increased, and consequently 77 FR 41059–60. EPA is therefore Rule as a result of emissions of regulated
PALs for GHGs may no longer be proposing to approve the changes to the NSR pollutants other than GHGs.
authorized in instances in which a PAL provisions into the Alabama SIP, as Although these proposed changes to
source has triggered PSD based on GHG amended in the August 23, 2016 the Alabama SIP are structured
emissions alone. EPA has proposed submittal discussed below. differently than EPA’s federal rules, the
action in an October 3, 2016 proposed primary practical effect of both is the
rule to clarify the GHG PAL rules. See B. Alabama’s August 23, 2016 Submittal
same: PSD requirements do not apply to
81 FR 68110. However, PALs for GHGs Alabama’s August 23, 2016 SIP GHG emissions from an ‘‘anyway
may still have a role to play in submittal makes further changes to the source’’ unless the source emits GHGs at
determining whether a source that is State’s PSD permitting regulation at or above the 75,000 tpy CO2e threshold.
already subject to PSD for a pollutant Rule 335–3–14–.04. This submittal EPA has preliminarily concluded that
other than GHGs should also be subject revises the GHG PALs threshold in Rule proposing approval of these change into
to PSD for GHGs. The existing GHG 335–3–14–.04(23)(b)4 proposed in the the SIP will not interfere with any
PALs regulations do not add new May 8, 2013, submittal from 100,000 tpy applicable requirement concerning
requirements for sources or to 75,000 tpy, as mentioned in section attainment and reasonable further
modifications that only emit or increase III.A above.8 The SIP submittal also progress (as defined in section 171), or
GHGs above the major source threshold, revises the applicability of PSD for any other applicable requirement of the
or the 75,000 ton per year (tpy) GHG GHGs by removing language regulating CAA. Step 2 of the GHG Tailoring Rule
level in 40 CFR 52.21(b)(49)(iv), but GHG-only (i.e., Step 2) sources in Rules was invalidated. As mentioned above,
rather provide increased flexibility to 335–3–14–.04(1)(k) and 335–3–14– EPA discussed the effects of PALs in the
sources that wish to manage their GHG .04(2)(a) to align with current federal 2002 Supplemental Analysis and the
emissions by way of a PAL. requirements, as discussed below. GHG Step 3 Rule.
In its May 8, 2013 SIP submittal,
Alabama seeks to modify the definition Alabama modifies its applicability IV. Incorporation by Reference
of ‘‘major emissions unit’’ in its SIP- language for GHGs to regulate only
‘‘anyway’’ sources. The State revises In accordance with requirements of 1
approved PAL regulations by adding the CFR 51.5, EPA is proposing the
phrase ‘‘any emissions unit that has the Rule 335–3–14–.04(1)(k) in its PSD
applicability regulations and the incorporation by reference of ADEM
potential to emit 100,000 tons per year Administrative Code Rules 335–3–14–
of GHG as CO2e.’’ The State definition of ‘‘Major Stationary Source’’
at Rule 335–3–14–.04(2)(a) by removing .04(1)(k), 335–3–14–.04(2)(a)(ii), and
subsequently revised this threshold 335–3–14–.04(b)4, state effective on
from 100,000 tpy to 75,000 tpy as part language that would subject a source to
PSD requirements through GHG November 25, 2014. Therefore, EPA is
of its August 23, 2016 submittal, as proposing approval for inclusion of
discussed below. Given this subsequent emissions alone. The proposed revision
to subparagraph (2)(a) removes the these materials in Alabama’s State
revision, the text that EPA is proposing implementation plan. Once final, and
to add to the SIP-approved definition of following text from the definition of
‘‘major stationary source’’: ‘‘(iii) For these materials have been incorporated
‘‘major emissions unit’’ at Rule 335–3–
14–.04(23)(b)4. reads as follows: ‘‘any GHGs, any stationary source which
9 Subparagraph (2)(zz) defines ‘‘greenhouse

emissions unit that has the potential to emits or has the potential to emit: (I)
gases’’ as ‘‘the aggregate of: Carbon dioxide, nitrous
emit 75,000 tons per year of GHG as GHGs on a total mass rate in accordance oxide, methane, hydrofluorocarbons,
CO2e’’ into the SIP-approved definition with either subparagraph 2(a)1. or perfluorocarbons, and sulfur hexafluoride.’’
of ‘‘major emissions unit’’ at Rule 335– (2)(a)1.(i), and (II) GHGs of 100,000 tons 10 Pursuant to subparagraph (2)(mm), ‘‘significant
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per year or more CO2e.’’ The proposed emissions increase means, for a regulated NSR
3–14–.04(23)(b)4. pollutant, an increase in emissions that is
EPA has preliminarily concluded that revision to Rule 335–3–14–.04(1)(k) significant (as defined in subparagraph (2)(w) of
approving these changes into the SIP this rule) for that pollutant.’’
8 As discussed in Section I, above, EPA is not 11 As it relates to GHGs, subparagraph (2)(w)
will not interfere with any applicable
acting on the remaining portions of this submittal. defines ‘‘significant,’’ in reference to a net
requirement concerning attainment and The submittal also withdraws the change proposed emissions increase or potential to emit, at a rate of
to Rule 335–3–14–.04(2)(zz) in the State’s May 8, 75,000 tpy of GHGs on a CO2e basis. This definition
7 As discussed in Section I above, EPA is not 2013 SIP submittal to address the Biomass Deferral of ‘‘significant’’ was previously approved by EPA
acting on the remaining portions of this submittal. Rule. on December 29, 2010. See 75 FR 81863.

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Document Created: 2017-08-15 01:12:56
Document Modified: 2017-08-15 01:12:56
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before September 14, 2017.
Contact		Andres Febres of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or via electronic mail at [email protected]
FR Citation		82 FR 38660
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter and Volatile Organic Compounds