2025-03608: Air Plan Approval; Alabama; Administrative Corrections and VOC Definition

Federal Register, Volume 90 Issue 44 (Friday, March 7, 2025) [Federal Register Volume 90, Number 44 (Friday, March 7, 2025)] [Proposed Rules] [Pages 11500-11503] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-03608] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2024-0174; FRL-12570-01-R4] Air Plan Approval; Alabama; Administrative Corrections and VOC Definition

Agency

Environmental Protection Agency (EPA).

Action

Proposed rule. -----------------------------------------------------------------------

Summary

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on December 20, 2023. The revision modifies the State's air quality regulations as incorporated into the SIP by changing the definition of ``volatile organic compounds'' (VOC) to be consistent with Federal regulations. The revision also addresses typographical errors and increases clarity and consistency with EPA's definitions and Alabama's Legislative Services Agency requirements.

Dates

Comments must be received on or before April 7, 2025.

Addresses

Submit your comments, identified by Docket ID No. EPA-R04- OAR-2024-0174 at 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 https://www.epa.gov/dockets/commenting-epa-dockets.

For Further Information Contact

Weston Freund, 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 30303-8960. The telephone number is (404) 562-8773. Mr. Freund can also be reached via electronic mail at [email protected].

Supplementary Information

II. Incorporation by Reference

In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, and as discussed in Section I of this preamble, EPA is proposing to incorporate by reference Alabama Administrative Code Rule 335-3-1-.02, Definitions; Rules 335-3-5-.10, TR SO2 Trading Program--Computation of Time; 335-3-5-.11, Administrative Appeal Procedures; 335-3-5-.14, Authorization of Designated Representative and Alternate Designated Representative; 335- 3-5-.15, Responsibilities of Designated Representative and Alternate Designated Representative; 335-3-5-.16, Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source; 335-3-5-.17, Certificate of Representation; 335-3-5-.19, Delegation by Designated Representative and Alternate Designated Representative; 335-3-5-.22, Recordation of TR SO2 Allowance Allocations and Auction Results; 335-3- 5-.23, Submission of TR SO2 Allowance Transfers; 335-3-5-.24, Recordation of TR SO2 Allowance Transfers; 335-3-5-.25, Compliance with TR SO2 Emissions Limitation; 335-3-5-.26, Compliance with TR SO2 Assurance Provisions; 335-3-5-.28, Account Error; 335-3-5-.29, Administrator's Action on Submissions; 335-3-5-.33, Monitoring System Out-of-Control Periods; 335-3-5-.34, Notifications Concerning Monitoring; 335-3-5-.35, Recordkeeping and Reporting; and 335-3-5-.36, Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements; and Rules 335-3-8-.11, TR NOX Annual Trading Program-- Computation of Time, 335-3-8-.12 Administrative Appeal Procedures, 335- 3-8-.16, Authorization of Designated Representative and Alternate Designated Representative; 335-3-8-.17, Responsibilities of Designated Representative and Alternate Designated Representative; 335-3-8-.18 Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source; 335-3-8-.19, Certificate of Representation; 335-3-8-.21, Delegation by Designated Representative and Alternate Designated Representative; 335-3-8-.24, Recordation of TR NOX Annual Allowance Allocations and Auction Results; 335-3-8-.25, Submission of TR NOX Annual Allowance Transfers; 335-3-8-.26, Recordation of TR NOX Annual Allowance Transfers; 335-3-8-.27, Compliance with TR NOX Annual Emissions Limitation; 335-3-8-.28, Compliance with TR NOX Annual Assurance Provisions; 335-3-8-.30, Account Error; 335-3-8-.31, Administrator's Action on Submissions, 335-3-8-.35, Monitoring System Out-of-Control Periods; 335-3-8-.36, Notifications Concerning Monitoring; 335-3-8-.37, Recordkeeping and Reporting; 335-3-8-.38, Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements; 335-3-8-.43, TR NOX Ozone Season Group 2 Trading Program--Computation of Time; 335-3-8-.44, Administrative Appeal Procedures; 335-3-8-.48, Authorization of Designated Representative and Alternate Designated Representative; 335-3-8-.49, Responsibilities of Designated Representative and Alternate Designated Representative; 335- 3-8-.50, Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source; 335-3-8-.51, Certificate of Representation; 335-3-8-.53, Delegation by Designated Representative and Alternate Designated Representative; 335-3-8-.56, Recordation of TR NOX Ozone Season Group 2 Allowance Allocations and Auction Results; 335-3-8-.57, Submission of TR NOX Ozone Season Group 2 Allowance Transfers; 335-3-8-.58, Recordation of TR NOX Ozone Season Group 2 Allowance Transfers; 335-3- 8-.59, Compliance with TR NOX Ozone Season Group 2 Emissions Limitation; 335-3-8-.60, Compliance with TR NOX Ozone Season Group 2 Assurance Provisions; 335-3-8-.62, TR NOX Ozone Season Group 2 Trading Program--Account Error; 335-3-8-.63, TR NOX Ozone Season Group 2 Trading Program--Administrator's Action on Submissions; 335-3-8-.67, Monitoring System Out-of-Control Periods; 335-3-8-.68, Notifications Concerning Monitoring; 335-3-8-.69, Recordkeeping and Reporting; 335-3- 8-.70, Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements; and 335-3-8-.71, NOX Budget Program, State effective February 12, 2024, which address typographical errors and increase clarity and consistency with EPA's definitions and Alabama's Legislative Services Agency requirements. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

III. Proposed Action

EPA is proposing to approve Alabama's December 20, 2023, SIP revision consisting of the aforementioned changes to Chapter No. 335-3- 1, General Provisions; Chapter No. 335-3-5, Control of Sulfur Compound Emissions; and Chapter No. 335-3-8, Nitrogen Oxides Emissions because they are consistent with CAA requirements. Thus, EPA is proposing to incorporate these changes into Alabama's SIP.

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. See 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 Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); [[Page 11503]] 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 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program; Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and 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. In addition, 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 proposed rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 21, 2025. Jeaneanne Gettle, Acting Regional Administrator, Region 4. [FR Doc. 2025-03608 Filed 3-6-25; 8:45 am] BILLING CODE 6560-50-P