[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Proposed Rules]
[Pages 70078-70091]
[FR Doc No: 2011-29176]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2011-0316-201156; FRL-9489-7]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Alabama; Redesignation of
the Birmingham 1997 Annual Fine Particulate Matter Nonattainment Area
to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On May 2, 2011, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), Air Division, submitted
a request for EPA to redesignate the Birmingham fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as the
``Birmingham Area'' or ``Area'') to attainment for the 1997 Annual
PM2.5 National Ambient Air Quality Standards (NAAQS); and to
approve a State Implementation Plan (SIP) revision containing a
maintenance plan for the Area. The Birmingham 1997 Annual
PM2.5 nonattainment area is comprised of Jefferson and
Shelby Counties in their entireties and a portion of Walker County. EPA
is proposing to approve the redesignation request for the Birmingham
Area, along with the related SIP revision, including Alabama's 2009
emissions inventory for the Area and Alabama's plan for maintaining
attainment of the PM2.5 standard in the Area. EPA is also
proposing to approve the motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and PM2.5 for the year 2024
for the Birmingham Area. These actions are being proposed pursuant to
the Clean Air Act (CAA or Act) and its implementing regulations.

DATES: Comments must be received on or before December 12, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0316, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2011-0316, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0316. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey of the Regulatory
Development Section, in the Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Joel Huey
may be reached by phone at<PHONE_NUMBER>, or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Content

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of Alabama's proposed NOX and
PM2.5 MVEBs for the Birmingham area?
VII. What is the status of EPA's adequacy determination for the
proposed NOX and PM2.5 MVEBs for 2024 for the
Birmingham area?
VIII. What is EPA's analysis of the proposed 2009 base year
emissions inventory for the Birmingham area?
IX. Proposed Action on the Redesignation Request and Maintenance
Plan SIP Revision Including Proposed Approval of the 2024
NOX and PM2.5 MVEBs for the Birmingham Area
X. What is the effect of EPA's proposed actions?
XI. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following three separate but related
actions, some of which involve multiple elements: (1) To redesignate
the Birmingham Area to attainment for the 1997 Annual PM2.5

NAAQS, provided EPA approves the emissions inventory submitted with the
maintenance plan; (2) to approve, under CAA section 172(c)(3), the
emissions inventory submitted with the maintenance plan; and (3) to
approve into the Alabama SIP, under section 175A of the CAA, Alabama's
1997 Annual PM2.5 NAAQS maintenance plan, including the
associated MVEBs (EPA is also notifying the public of the status of
EPA's adequacy determination for the Birmingham Area MVEBs for the
PM2.5 NAAQS). These actions are summarized below and
described in greater detail throughout this notice of proposed
rulemaking.
    First, EPA proposes to determine that, if EPA finalizes approval of
the 2009 baseline emissions inventory for the Birmingham Area, the Area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. In this action, EPA is proposing to approve a request to
change the legal designation of Jefferson and Shelby Counties in their
entireties and the designated portion of Walker County in the
Birmingham Area from nonattainment to attainment for the 1997 Annual
PM2.5 NAAQS. As discussed below, the emissions inventory is
being proposed for approval today.
    Second, EPA is proposing to approve Alabama's 2009 emissions
inventory for the Birmingham Area (under CAA section 172(c)(3)).
Alabama selected 2009 as the attainment emissions inventory year for
the Birmingham Area. This attainment inventory identifies a level of
emissions in the Area that is sufficient to attain the 1997 Annual
PM2.5 NAAQS and is a current, comprehensive inventory that
meets the requirements of section 172(c)(3).
    Third, EPA is proposing to approve Alabama's 1997 Annual
PM2.5 NAAQS maintenance plan for the Birmingham Area as
meeting the requirements of section 175A (such approval being one of
the CAA criteria for redesignation to attainment status). The recently
promulgated Cross State Air Pollution Rule (CSAPR) \1\ requires
reductions of NOX and SO2 associated with power
plants to be permanent and enforceable. The maintenance plan is
designed to help keep the Birmingham Area in attainment of the 1997
Annual PM2.5 NAAQS through 2024. Consistent with the CAA,
the maintenance plan that EPA is proposing to approve today also
includes NOX and PM2.5 MVEBs for the year 2024
for the Birmingham Area. EPA is proposing to approve (into the Alabama
SIP) the 2024 MVEBs that are included as part of Alabama's maintenance
plan for the 1997 Annual PM2.5 NAAQS.
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    \1\ See ``Federal Implementation Plans to Reduce Interstate
Transport of Fine Particulate Matter and Ozone in 27 States;
Correction of SIP Approvals for 22 States'' (76 FR 48208, August 8,
2011).
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    On a matter related to this third action, EPA is also notifying the
public of the status of EPA's adequacy process for the newly
established NOX and PM2.5 MVEBs for 2024 for the
Birmingham Area. The Adequacy comment period for the Birmingham Area
2024 MVEBs began on March 24, 2011, with EPA's posting of the
availability of this submittal on EPA's Adequacy Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy
comment period for these MVEBs closed on April 25, 2011. No adverse
comments were received during the Adequacy public comment period.
Please see section VII of this proposed rulemaking for further
explanation of this process and for more details on the MVEBs.
    Today's notice of proposed rulemaking is in response to Alabama's
May 2, 2011, SIP submittal. That document addresses the specific issues
summarized above and the necessary elements described in section
107(d)(3)(E) of the CAA for redesignation of the Birmingham Area to
attainment of the 1997 Annual PM2.5 NAAQS.

II. What is the background for EPA's proposed actions?

    Fine particle pollution can be emitted directly or formed
secondarily in the atmosphere. The main precursors of PM2.5
are sulfur dioxide (SO2), NOX, ammonia and
volatile organic compounds (VOCs). Unless otherwise noted by the State
or EPA, ammonia and VOCs are presumed to be insignificant contributors
to PM2.5 formation, whereas SO2 and
NOX are presumed to be significant contributors to
PM2.5 formation. Sulfates are a type of secondary particle
formed from SO2 emissions of power plants and industrial
facilities. Nitrates, another common type of secondary particle, are
formed from NOX emissions of power plants, automobiles, and
other combustion sources.
    On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006, at 71 FR 61144, EPA retained the annual average NAAQS at 15.0
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour
concentrations.\2\ Under EPA regulations at 40 CFR part 50, the primary
and secondary 1997 Annual PM2.5 NAAQS are attained when the
annual arithmetic mean concentration, as determined in accordance with
40 CFR part 50, Appendix N, is less than or equal to 15.0 [mu]g/m\3\ at
all relevant monitoring sites in the subject area over a 3-year period.
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    \2\ In response to legal challenges of the annual standard
promulgated in 2006, the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) remanded this NAAQS to
EPA for further consideration. See American Farm Bureau Federation
and National Pork Producers Council, et al. v. EPA. 559 F.3d 512
(D.C. Circuit 2009). However, given that the 1997 and 2006 Annual
NAAQS are essentially identical, attainment of the 1997 Annual NAAQS
would also indicate attainment of the remanded 2006 Annual NAAQS.
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    On January 5, 2005, at 70 FR 944, and supplemented on April 14,
2005, at 70 FR 19844, EPA designated the Birmingham Area as
nonattainment for the 1997 PM2.5 NAAQS based upon air
quality data for calendar years 2001-2003. In that action, EPA defined
the 1997 PM2.5 Birmingham nonattainment area to include
Jefferson and Shelby Counties in their entireties and a portion Walker
County. On November 13, 2009, at 74 FR 58688, EPA promulgated
designations for the 2006 PM2.5 NAAQS, designating the
Birmingham Area (with the same boundaries as for the 1997
PM2.5 nonattainment area) as nonattainment for the 2006 24-
hour PM2.5 NAAQS based upon air quality data for calendar
years 2006-2008. That action also clarified that the Birmingham Area
was classified unclassifiable/attainment for the 1997 24-hour
PM2.5 NAAQS. EPA did not promulgate designations for the
annual average NAAQS promulgated in 2006 since that NAAQS was
essentially identical to the 1997 Annual PM2.5 NAAQS.
Therefore, the Birmingham Area is designated nonattainment for the
Annual NAAQS promulgated in 1997 and for the 24-hour NAAQS promulgated
in 2006. Today's action only addresses the designation for the Annual
NAAQS promulgated in 1997.
    All 1997 PM2.5 NAAQS areas were designated under subpart
1 of title I, part D, of the CAA. Subpart 1 contains the general
requirements for nonattainment areas for any pollutant governed by a
NAAQS and is less prescriptive than the other subparts of title I, part
D. On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR

part 51, subpart Z, in which the Agency provided guidance for state and
Tribal plans to implement the PM2.5 NAAQS. This rule, at 40
CFR 51.1004(c), specifies some of the regulatory impacts of attaining
the NAAQS, as discussed below.
    On May 12, 2005, EPA published the Clean Air Interstate Rule
(CAIR), which addressed the interstate transport requirements of the
CAA and required states to significantly reduce SO2 and
NOX emissions from power plants (70 FR 25162). The
associated Federal Implementation Plans (FIPs) were published on April
28, 2006 (71 FR 25328). However, on July 11, 2008, the D.C. Circuit
Court issued its decision to vacate and remand both CAIR and the
associated CAIR FIPs in their entirety (North Carolina v. EPA, 531 F.3d
836 (D.C. Cir., 2008)). EPA petitioned for rehearing, and the Court
issued an order remanding CAIR to EPA without vacating either CAIR or
the CAIR FIPs (North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir., 2008)).
The Court left CAIR in place to ``temporarily preserve the
environmental values covered by CAIR'' until EPA replaces it with a
rule consistent with the Court's opinion. Id. at 1178. The Court
directed EPA to ``remedy CAIR's flaws'' consistent with its July 11,
2008, opinion but declined to impose a schedule on EPA for completing
that action. Id. As a result of these court rulings, the power plant
emission reductions that resulted solely from the development,
promulgation, and implementation of CAIR, and the associated
contribution to air quality improvement that occurred solely as a
result of CAIR in the Birmingham Area could not be considered to be
permanent.
    On August 8, 2011, EPA published CSAPR in the Federal Register
under the title, ``Federal Implementation Plans to Reduce Interstate
Transport of Fine Particulate Matter and Ozone in 27 States; Correction
of SIP Approvals for 22 States'' (76 FR 48208, August 8, 2011) to
address interstate transport of emissions and resulting secondary air
pollutants and to replace CAIR. The CAIR emission reduction
requirements limit emissions in Alabama and states upwind of Alabama
through 2011, and CSAPR requires similar or greater reductions in the
relevant areas in 2012 and beyond. The emission reductions that CSAPR
mandates may be considered to be permanent and enforceable. In turn,
the air quality improvement in the Birmingham Area that has resulted
from electric generating units (EGUs) emission reductions associated
with CAIR (as well as the additional air quality improvement that would
be expected to result from full implementation of CSAPR) may also be
considered to be permanent and enforceable. EPA proposes that the
requirement in section 107(d)(3)(E)(iii) has now been met because the
emission reduction requirements of CAIR address emissions through 2011
and EPA has now promulgated CSAPR, which requires similar or greater
reductions in the relevant areas in 2012 and beyond. Because the
emission reduction requirements of CAIR are enforceable through the
2011 control period, and because CSAPR has now been promulgated to
address the requirements previously addressed by CAIR and gets similar
or greater reductions in the relevant areas in 2012 and beyond, EPA is
proposing to determine that the pollutant transport part of the
reductions that led to attainment in the Birmingham Area can now be
considered permanent and enforceable. Therefore, EPA proposes to find
that the transport requirement of CAA section 107(d)(3)(E)(iii) has
been met for the Birmingham Area.
    The 3-year ambient air quality data for 2008-2010 indicated no
violations of the 1997 PM2.5 NAAQS for the Birmingham Area.
As a result, on May 2, 2011, Alabama requested redesignation of the
Birmingham Area to attainment for the 1997 Annual PM2.5
NAAQS. The redesignation request included three years of complete,
quality-assured ambient air quality data for the 1997 Annual
PM2.5 NAAQS for 2008-2010, indicating that the 1997 Annual
PM2.5 NAAQS had been achieved for the Birmingham Area. Under
the CAA, nonattainment areas may be redesignated to attainment if
sufficient, complete, quality-assured data is available for the
Administrator to determine that the area has attained the standard and
the area meets the other CAA redesignation requirements in section
107(d)(3)(E). From 2008 through the present, the annual
PM2.5 design values for the Birmingham Area have declined.
While annual PM2.5 concentrations are dependent on a variety
of conditions, the overall downtrend in PM2.5 concentrations
in the Birmingham Area can be attributed to the reduction of emissions,
as will be discussed in more detail in section V of this proposed
rulemaking.

III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing the following criteria are met: (1)
The Administrator determines that the area has attained the applicable
NAAQS; (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k); (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and (5) the
state containing such area has met all requirements applicable to the
area under section 110 and part D of title I of the CAA.
    EPA has provided guidance on redesignation in the General Preamble
for the Implementation of title I of the CAA Amendments of 1990 (April
16, 1992, 57 FR 13498, and supplemented on April 28, 1992, 57 FR 18070)
and has provided further guidance on processing redesignation requests
in the following documents:

1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992; and
3. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.

IV. Why is EPA proposing these actions?

    On May 2, 2011, the State of Alabama, through ADEM, requested the
redesignation of the Birmingham Area to attainment for the 1997 Annual
PM2.5 NAAQS. EPA's evaluation indicates that the Birmingham
Area has attained the 1997 Annual PM2.5 NAAQS and meets the
requirements for redesignation set forth in section 107(d)(3)(E),
including the maintenance plan requirements under section 175A of the
CAA. As a result, EPA is proposing to take the three related actions
summarized in section I of this notice.

V. What is EPA's analysis of the request?

    As stated above, in accordance with the CAA, EPA proposes in
today's action to: (1) Redesignate the Birmingham Area to attainment
for the 1997 Annual PM2.5 NAAQS; (2) approve the Birmingham
Area emissions inventory submitted with the maintenance plan; and (3)
approve into the Alabama SIP Birmingham's 1997 Annual PM2.5
NAAQS maintenance plan, including the associated MVEBs. These actions
are based upon EPA's determination that the Birmingham Area continues
to attain the 1997 Annual PM2.5 NAAQS and that all other
redesignation criteria have been met for the Birmingham Area, provided
EPA approves the emissions inventory submitted with the maintenance
plan. The five redesignation criteria provided under CAA section
107(d)(3)(E) are discussed in greater detail for the Area in the
following paragraphs of this section.

Criteria (1)--The Birmingham Area Has Attained the 1997 Annual PM2.5
NAAQS

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). EPA is proposing to determine that
the Birmingham Area continues to attain the 1997 Annual
PM2.5 NAAQS. For PM2.5, an area may be considered
to be attaining the 1997 Annual PM2.5 NAAQS if it meets the
1997 Annual PM2.5 NAAQS, as determined in accordance with 40
CFR 50.13 and Appendix N of part 50, based on three complete,
consecutive calendar years of quality-assured air quality monitoring
data. To attain these NAAQS, the annual arithmetic mean concentration,
as determined in accordance with 40 CFR part 50, Appendix N, is less
than or equal to 15.0 [micro]g/m\3\ at all relevant monitoring sites in
the subject area over a 3-year period. The relevant data must be
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System (AQS). The monitors generally
should have remained at the same location for the duration of the
monitoring period required for demonstrating attainment.
    On June 29, 2011, at 76 FR 38023, EPA determined that the
Birmingham Area was attaining the 1997 Annual PM2.5 NAAQS.
For that action EPA reviewed PM2.5 monitoring data from
monitoring stations in the Birmingham Area for the 1997 Annual
PM2.5 NAAQS for 2008-2010. These data have been quality-
assured and are recorded in AQS. EPA has reviewed more recent data
which indicates that the Birmingham Area continues to attain the 1997
Annual PM2.5 NAAQS beyond the submitted 3-year attainment
period of 2008-2010. The annual arithmetic mean of the PM2.5
concentrations for 2008-2010 and the 3-year average of these values
(i.e., design values) are summarized in Table 1.

                 Table 1--Design Value Concentrations for the Birmingham 1997 Annual PM2.5 Area
                                                  [[mu]g/m\3\]
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                                                                           Annual arithmetic mean        3-Year
                                                                               concentrations            design
            Location                   County           Monitor ID   ---------------------------------   values
                                                                                ----------
                                                                         2008       2009       2010    2008-2010
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North Birmingham...............  Jefferson.........      01-073-0023       15.5       11.7       13.8       13.7
McAdory........................  Jefferson.........      01-073-1005       12.2       10.4       11.8       11.5
Bruce Shaw Road (Providence)...  Jefferson.........      01-073-1009       10.8        9.6       10.1       10.2
Asheville Road (Leeds).........  Jefferson.........      01-073-1010       13.2       10.3       12.1       11.9
Wylam..........................  Jefferson.........      01-073-2003       14.4       11.3       12.4       12.7
Hoover.........................  Jefferson.........      01-073-2006       12.1       10.3       11.8       11.4
Pinson High School.............  Jefferson.........      01-073-5002       11.9        9.9       11.0       10.9
Corner School Road.............  Jefferson.........      01-073-5003       11.5        9.7       10.7       10.6
Pelham High School.............  Shelby............      01-117-0006       11.6        9.8       13.9       10.9
Highland Avenue (Walker Co.)...  Walker............      01-127-0002       11.7       10.1       11.3       11.0
----------------------------------------------------------------------------------------------------------------

    The 3-year design value for 2008-2010 submitted by Alabama for
redesignation of the Birmingham Area is 13.7 [mu]g/m\3\, which meets
the NAAQS as described above. Data available to date in AQS for 2011,
which have not yet been certified, indicate the Birmingham Area
continues to attain the 1997 Annual PM2.5 NAAQS and that
ambient annual concentrations of PM2.5 continue to decline.
As mentioned above, on June 29, 2011 (76 FR 38023) EPA published a
clean data determination for the Birmingham Area for the 1997 Annual
PM2.5 NAAQS. In today's action, EPA is proposing to
determine that the Area is continuing to attain the 1997
PM2.5 NAAQS. EPA will not go forward with the redesignation
if the Area does not continue to attain until the time that EPA
finalizes the redesignation. As discussed in more detail below, the
State of Alabama has committed to continue monitoring in this Area in
accordance with 40 CFR part 58.

Criteria (5)--Alabama Has Met All Applicable Requirements Under Section
110 and Part D of Title I of the CAA; and Criteria (2)--Alabama Has a
Fully Approved SIP Under Section 110(k) for the Birmingham Area

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Alabama has met all applicable SIP requirements
for the Birmingham Area under section 110 of the CAA (general SIP
requirements) for purposes of redesignation. Additionally, EPA proposes
to find that the Alabama SIP satisfies the criterion that it meet
applicable SIP requirements for purposes of redesignation under part D
of title I of the CAA (requirements specific to 1997 Annual
PM2.5 nonattainment areas) in accordance with section
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is
fully approved with respect to all requirements applicable for purposes
of redesignation in accordance with section 107(d)(3)(E)(ii). In making
these determinations, EPA ascertained which requirements are applicable
to the Area and, if applicable, that they are fully approved under
section 110(k). SIPs

must be fully approved only with respect to requirements that were
applicable prior to submittal of the complete redesignation request.
a. The Birmingham Area Has Met All Applicable Requirements Under
Section 110 and part D of the CAA
    General SIP requirements. Section 110(a)(2) of title I of the CAA
delineates the general requirements for a SIP, which include
enforceable emissions limitations and other control measures, means, or
techniques; provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality;
and programs to enforce the limitations. General SIP elements and
requirements are delineated in section 110(a)(2) of title I, part A of
the CAA. These requirements include, but are not limited to, the
following: submittal of a SIP that has been adopted by the state after
reasonable public notice and hearing; provisions for establishment and
operation of appropriate procedures needed to monitor ambient air
quality; implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (New Source Review (NSR) permit programs); provisions for
air pollution modeling; and provisions for public and local agency
participation in planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants (e.g., NOX SIP Call,\3\ CAIR,\4\
and CSAPR). The section 110(a)(2)(D) requirements for a state are not
linked with a particular nonattainment area's designation and
classification in that state. EPA believes that the requirements linked
with a particular nonattainment area's designation and classifications
are the relevant measures to evaluate in reviewing a redesignation
request. The transport SIP submittal requirements, where applicable,
continue to apply to a state regardless of the designation of any one
particular area in the state. Thus, EPA does not believe that the CAA's
interstate transport requirements should be construed to be applicable
requirements for purposes of redesignation. However, as discussed later
in this notice, addressing pollutant transport from other states is an
important part of an area's maintenance demonstration.
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    \3\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, Alabama developed rules governing the
control of NOX emissions from EGUs, major non-EGU
industrial boilers, major cement kilns, and internal combustion
engines. On December 27, 2002, EPA approved Alabama's rules as
fulfilling Phase I (67 FR 78987).
    \4\ On May 12, 2005 (70 FR 25162), EPA promulgated CAIR, which
required 28 upwind States and the District of Columbia to revise
their SIPs to include control measures that would reduce emissions
of SO2 and NOX. Various aspects of CAIR rule
were petitioned in court and on December 23, 2008, the U.S. Court of
Appeals for the District of Columbia Circuit remanded CAIR to EPA
(see Alabama v. EPA, 550 F.3d 1176 (DC Circuit, December 23, 2008)),
which left CAIR in place to ``temporarily preserve the environmental
values covered by CAIR'' until EPA replaces it with a rule
consistent with the Court's ruling. The Court directed EPA to remedy
various areas of the rule that were petitioned consistent with its
July 11, 2008 (see Alabama v. EPA, 531 F.3d 836 (DC Circuit, July
11, 2008)), opinion, but declined to impose a schedule on EPA for
completing that action. Id. Therefore, CAIR is currently in effect
in Alabama.
---------------------------------------------------------------------------

    In addition, EPA believes other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are applicable requirements for purposes of
redesignation. The area will still be subject to these requirements
after the area is redesignated. The section 110 and part D requirements
which are linked with a particular area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with EPA's existing
policy on applicability (i.e., for redesignations) of conformity and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May
7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
    EPA has not yet completed rulemaking on a submittal from Alabama
dated September 23, 2009, addressing ``infrastructure SIP'' elements
required under CAA section 110(a)(2). However, these are statewide
requirements that are not a consequence of the nonattainment status of
the Birmingham Area. As stated above, EPA believes that section 110
elements not linked to an area's nonattainment status are not
applicable for purposes of redesignation. Therefore, notwithstanding
the fact that EPA has not yet completed rulemaking on Alabama's
submittal for the PM2.5 infrastructure SIP elements of
section 110(a)(2), EPA believes it has approved all SIP elements under
section 110 that must be approved as a prerequisite for redesignating
the Birmingham Area to attainment.
    Title I, Part D requirements. EPA proposes that if EPA approves
Alabama's base year emissions inventory, which is part of the
maintenance plan submittal, the Alabama SIP will meet applicable SIP
requirements under part D of the CAA. As discussed in greater detail
below, EPA believes the emissions inventory is approvable because the
2009 direct PM2.5, SO2, and NOX
emissions for Alabama were developed consistent with EPA guidance for
emissions inventories and represent a comprehensive, accurate and
current inventory as required by CAA section 172(c)(3).
    Part D, subpart 1 applicable SIP requirements. EPA has determined
that if the approval of the base year emissions inventory, discussed in
section VIII of this rulemaking, is finalized, the Alabama SIP will
meet the applicable SIP requirements for the Birmingham Area for
purposes of redesignation under title I, part D of the CAA. Subpart 1
of part D sets forth the basic nonattainment requirements applicable to
all nonattainment areas. All areas that were designated nonattainment
for the 1997 Annual PM2.5 NAAQS were designated under this
subpart of the CAA and the requirements applicable to them are
contained in sections 172 and 176.
    For purposes of evaluating this redesignation request, the
applicable part D, subpart 1 SIP requirements for all nonattainment
areas are contained in sections 172(c)(1)-(9) and in section 176. A
thorough discussion of the requirements contained in section 172 can be
found in the General Preamble for Implementation of title I (57 FR
13498, April 16, 1992).
    Subpart 1 Section 172 Requirements. Section 172(c)(1) requires the
plans for all nonattainment areas to provide for the implementation of
all Reasonable Available Control Measures (RACM) as expeditiously as
practicable and to provide for attainment of the national primary
ambient air quality standards. EPA interprets this requirement to

impose a duty on all nonattainment areas to consider all available
control measures and to adopt and implement such measures as are
reasonably available for implementation in each area as components of
the area's attainment demonstration. Under section 172, states with
nonattainment areas must submit plans providing for timely attainment
and meeting a variety of other requirements. However, pursuant to 40
CFR 51.1004(c), EPA's June 29, 2011, determination that the Birmingham
area was attaining the Annual PM2.5 standard suspended
Alabama's obligation to submit most of the attainment planning
requirements that would otherwise apply. Specifically, the
determination of attainment suspended Alabama's obligation to submit an
attainment demonstration and planning SIPs to provide for reasonable
further progress (RFP), RACM, and contingency measures under section
172(c)(9).
    The General Preamble for Implementation of Title I (57 FR 13498,
April 16, 1992) also discusses the evaluation of these requirements in
the context of EPA's consideration of a redesignation request. The
General Preamble sets forth EPA's view of applicable requirements for
purposes of evaluating redesignation requests when an area is attaining
a standard (General Preamble for Implementation of Title I (57 FR
13498, April 16, 1992)).
    Because attainment has been reached in the Birmingham Area, no
additional measures are needed to provide for attainment, and section
172(c)(1) requirements for an attainment demonstration and RACM are no
longer considered to be applicable for purposes of redesignation as
long as the Area continues to attain the standard until redesignation.
See also 40 CFR 51.1004(c).
    The RFP plan requirement under section 172(c)(2) is defined as
progress that must be made toward attainment. This requirement is not
relevant for purposes of redesignation because EPA has determined that
the Birmingham Area has monitored attainment of the 1997 Annual
PM2.5 NAAQS. See General Preamble, 57 FR 13564. See also 40
CFR 51.1004 (c). In addition, because the Birmingham Area has attained
the 1997 Annual PM2.5 NAAQS and is no longer subject to an
RFP requirement, the requirement to submit the section 172(c)(9)
contingency measures is not applicable for purposes of redesignation.
Id.
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. As
part of Alabama's redesignation request for the Birmingham Area,
Alabama submitted a 2009 base year emissions inventory. As discussed
below in section VIII, EPA is proposing to approve the 2009 base year
inventory submitted with the redesignation request as meeting the
section 172(c)(3) emissions inventory requirement.
    Section 172(c)(4) requires the identification and quantification of
emissions for major new and modified stationary sources to be allowed
in an area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA has determined that, since PSD
requirements will apply after redesignation, areas being redesignated
need not comply with the requirement that an NSR program be approved
prior to redesignation, provided that the area demonstrates maintenance
of the NAAQS without part D NSR. A more detailed rationale for this
view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Alabama has demonstrated that the
Birmingham Area will be able to maintain the NAAQS without part D NSR
in effect, and therefore Alabama need not have fully approved part D
NSR programs prior to approval of the redesignation request.
Nonetheless, Alabama currently has a fully approved part D NSR program
in place. Alabama's PSD program will become effective in the Birmingham
Area upon redesignation to attainment. Section 172(c)(6) requires the
SIP to contain control measures necessary to provide for attainment of
the NAAQS. Because attainment has been reached, no additional measures
are needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes the
Alabama SIP meets the requirements of section 110(a)(2) applicable for
purposes of redesignation.
    Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs and projects that
are developed, funded or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with Federal conformity regulations relating to
consultation, enforcement and enforceability that EPA promulgated
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements\5\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida). Thus, the Birmingham Area has satisfied all
applicable requirements for purposes of redesignation under section 110
and part D of title I of the CAA.
---------------------------------------------------------------------------

    \5\ CAA Section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the MVEBs that are established in control
strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

b. The Birmingham Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
    If EPA issues a final approval of the base year emissions
inventory, EPA will have fully approved the applicable Alabama SIP for
the Birmingham 1997 Annual PM2.5 nonattainment area under
section 110(k) of the CAA for all requirements applicable for purposes
of redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request (see Calcagni Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any additional measures it may approve
in conjunction with a redesignation action (see 68 FR 25426 (May 12,
2003) and citations therein). Following passage of the CAA of 1970,
Alabama has adopted and submitted, and EPA has fully approved at
various times, provisions addressing the various 1997 Annual
PM2.5 NAAQS SIP elements applicable in the Birmingham Area
(May 31, 1972, 37 FR 10842; July 13, 2011, 76 FR 41100).
    As indicated above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of

redesignation. In addition, EPA believes that since the part D subpart
1 requirements did not become due prior to submission of the
redesignation request, they are also not applicable requirements for
purposes of redesignation. Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004); 68 FR 25424, 25427 (May 12, 2003) (redesignation of the St.
Louis-East St. Louis Area to attainment of the 1-hour ozone NAAQS).
With the approval of the emissions inventory, EPA will have approved
all Part D subpart 1 requirements applicable for purposes of this
redesignation.

Criteria (3)--The Air Quality Improvement in the Birmingham 1997 Annual
PM2.5 NAAQS Nonattainment Area Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP and applicable Federal air pollution
control regulations and other permanent and enforceable reductions (CAA
section 107(d)(3)(E)(iii)). EPA believes that Alabama has demonstrated
that the observed air quality improvement in the Birmingham Area is due
to permanent and enforceable reductions in emissions resulting from
implementation of the SIP, Federal measures, and other state adopted
measures.
    State, local and Federal measures enacted in recent years have
resulted in permanent emission reductions. Most of these emission
reductions are enforceable through regulations. A few non-regulatory
measures also result in emission reductions.
    The state and local measures that have been implemented to date and
relied upon by Alabama to demonstrate attainment and/or maintenance
include local NOX controls on cement plants in the Area due
to the 8-hour ozone contingency plan, Jefferson and Shelby County burn
bans, and voluntary on-road and off-road diesel retrofit projects.
    As shown in Table 2, below, reasonably available control technology
(RACT) PM controls installed in the Birmingham Area have reduced direct
PM2.5 emissions by approximately 62 tons per year (tpy) as
of the end of 2009. These controls are associated with the Birmingham
Annual PM2.5 Attainment Demonstration SIP, submitted to EPA
on March 13, 2009.

                            Table 2--Summary of RACT Controls in the Birmingham Area
----------------------------------------------------------------------------------------------------------------
                                                                                PM[ihel2].[ihel5]  Installation
             Facility                       Source             RACT Controls      reduction  (tpy)       date
----------------------------------------------------------------------------------------------------------------
W.J. Bullock......................  Crucible furnaces....  Baghouse............           3.891             2009
McWane Pipe.......................  Charge handling area.  Wet suppression.....           0.385             2008
Sloss Industries..................  Coal piles...........  Wet suppression.....           0.398             2008
American Cast Iron Pipe...........  Charge make-up.......  Wet suppression.....          11.91              2008
                                    Roads & process areas  Paving..............           3.58         2007/2008
                                    Cupola melting         New Cupola/Bag house           5.84         2007/2008
                                     furnace.               & spray suppression.
                                    Sand & cement silos..  Baghouse............           0.09              2008
Nucor Steel.......................  Meltshop fugitives...  Baghouse & physical           28.1               2008
                                                            improvements.
U.S. Pipe.........................  Cupola charge make-up  Wet suppression.....           1.818             2008
                                    Sand & cement silos..  Bin vents...........           5.93              2008
                                   -----------------------------------------------------------------------------
    Total......................................................................          61.942     ............
----------------------------------------------------------------------------------------------------------------

    In addition, closures of certain facilities have resulted in
continued reductions of local PM2.5 emissions in the
Birmingham Area. In late 2009, W.J. Bullock and Sloss Mineral Wool in
Jefferson County announced plans to cease operations, resulting in
additional PM2.5 emission reductions of 0.13 tpy and 130
tpy, respectively. In March 2010, U.S. Pipe ceased production,
resulting in an additional emission reduction of 46 tpy of
PM2.5. In total, the RACT controls and facility closures
amount to reductions of greater than eight percent of direct
PM2.5 point source emissions in Jefferson County.
    Furthermore, control equipment installed at utilities in the
Birmingham Area have decreased emissions of NOX and
SO2. These reductions, prompted by the NOX SIP
Call and CAIR, are summarized in Table 3 below. In 2007, flue gas
desulfurization systems were added to units 8-10 of Alabama Power
Company's (APC) Gorgas Plant in anticipation of CAIR. Selective
catalytic reduction (SCR) systems were installed on units 3 and 4 at
APC Miller Plant in 2003 as a result of the NOX SIP Call,
with a consent decree requiring year round operation beginning in 2008
in preparation for CAIR. The year round SCR operation requirements have
been incorporated into the facilities' title V operating permits and
are thus enforceable.

               Table 3--Summary of Emissions and Controls at Utilities in the Birmingham Area \6\
----------------------------------------------------------------------------------------------------------------
                                              Date control installed       Emissions reductions from 2006-2009
                                           ----------------------------                   (tpy)
                 Facility                                              -----------------------------------------
                                                 NOX        SO[ihel2]        NOX        SO[ihel2]      Percent
----------------------------------------------------------------------------------------------------------------
APC Miller Unit 3.........................          2008  ............         4,680  ............            71
APC Miller Unit 4.........................          2008  ............         3,786  ............            70
APC Gorgas Unit 8.........................  ............          2007  ............        10,007            96
APC Gorgas Unit 9.........................  ............          2007  ............         9,975            96

APC Gorgas Unit 10........................  ............          2007  ............        40,779            97
APC Gaston Unit 5 *.......................  ............          2010  ............        43,579            78
                                           ---------------------------------------------------------------------
    Total Reductions..................................................         8,466       104,341  ............
----------------------------------------------------------------------------------------------------------------
* Gaston Unit 5 data reflects reductions from 2006-2010.

    The Federal measures that have been implemented include the
following:
---------------------------------------------------------------------------

    \6\ Data in Tables 3 and 4 reflect reported actual emissions
from the Clean Air Markets Division Database http://camddataandmaps.epa.gov/gdm/index.cfm?fuseaction=emissions.wizard.
---------------------------------------------------------------------------

    Tier 2 vehicle standards. In addition to requiring NOX
controls, the Tier 2 rule reduced the allowable sulfur content of
gasoline to 30 parts per million (ppm) starting in January of 2006.
Most gasoline sold in Alabama prior to this had a sulfur content of
approximately 300 ppm.
    Heavy-duty gasoline and diesel highway vehicle standards. The
second phase of the standards and testing procedures, which began in
2007, reduces particulate matter (PM) and NOX from heavy-
duty highway engines and also reduces highway diesel fuel sulfur
content to 15 ppm. The total program is expected to achieve a 90 and 95
percent reduction in PM and NOX emissions from heavy-duty
highway engines, respectively.
    Nonroad spark-ignition engines and recreational engines standards.
Tier 1 of this standard, implemented in 2004, and Tier 2, implemented
in 2007, have reduced and will continue to reduce PM emissions.
    Large nonroad diesel engine standards. Promulgated in 2004, this
rule is being phased in between 2008 and 2014. This rule will reduce
sulfur content in nonroad diesel fuel and, when fully implemented, will
reduce NOX and direct PM2.5 emissions by over 90
percent from these engines.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
    CAIR and CSAPR. As previously discussed, the remanded CAIR,
originally promulgated to reduce transported pollution, was left in
place to ``temporarily preserve the environmental values covered by
CAIR'' until EPA replaced it with a rule consistent with the Court's
opinion. To remedy CAIR's flaws, EPA promulgated the final CSAPR on
August 8, 2011. CSAPR addresses the interstate transport requirements
of the CAA with respect to the 1997 ozone, 1997 PM2.5 and
2006 PM2.5 NAAQS. As noted previously, the requirements of
CAIR address emissions through the 2011 control period and CSAPR
requires similar or greater emission reductions in the relevant areas
in 2012 and beyond.
    Because PM2.5 concentrations in the Birmingham area are
impacted by the transport of sulfates and nitrates, the area's air
quality is affected by regulation of SO2 and NOX
emissions from upwind power plants. Table 4, below, presents statewide
EGU emissions data compiled by EPA's Clean Air Markets Division for the
years 2002 and 2009. Emissions for 2009 reflect implementation of CAIR.
Table 4 shows that Alabama and states impacting the Birmingham Area for
the Annual PM2.5 NAAQS, as indicated in CSAPR, reduced
NOX and SO2 emissions from EGUs by 995,606 tpy
and 1,901,135 tpy, respectively, between 2002 and 2009.

     Table 4--Comparison of 2002 and 2009 Statewide EGU NOX and SO2 Emissions (tpy) for States Impacting the
                                 Birmingham Area for the Annual PM2.5 NAAQS \6\
----------------------------------------------------------------------------------------------------------------
                                                 NOX                                       SO2
                             -----------------------------------------------------------------------------------
            State                                          Net change                                Net change
                                  2002          2009        2002-2009       2002          2009        2002-2009
----------------------------------------------------------------------------------------------------------------
Alabama.....................       161,559        49,609      -111,950       448,248       277,972      -170,276
Georgia.....................       146,456        57,566       -88,890       512,654       262,258      -250,396
Illinois....................       174,247        72,286      -101,961       353,699       229,364      -124,335
Indiana.....................       281,146       110,969      -170,177       778,868       413,726      -365,142
Kentucky....................       198,599        78,767      -119,832       482,653       252,002      -230,651
Ohio........................       370,497        95,785      -274,712     1,132,069       600,687      -531,382
Tennessee...................       155,996        27,912      -128,084       336,995       108,042      -228,953
                             -----------------------------------------------------------------------------------
    Total...................     1,488,500       492,894      -995,606     4,045,186     2,144,051    -1,901,135
----------------------------------------------------------------------------------------------------------------

    As was noted earlier, EPA promulgated CSAPR to address interstate
transport of emissions and resulting secondary air pollutants and to
replace CAIR. CAIR, among other things, required emission reductions
that contributed to the air quality improvement in the Birmingham Area.
CSAPR requires substantial reductions of SO2 and
NOX emissions from EGUs across most of the Eastern United
States, with implementation beginning on January 1, 2012. CAIR will
continue to be implemented through 2011, and will be replaced by CSAPR
beginning in 2012. CSAPR requires reductions of NOX and
SO2 emissions to levels below the levels that led to
attainment of the 1997 24-hour PM2.5 standard in the
Birmingham Area. Given the remanded status of CAIR, air quality
improvement

from the EGU reductions could not be considered permanent at the time
ADEM submitted its request for redesignation of the Birmingham Area.
However, since that time CSAPR has been finalized, which mandates even
greater reductions than have already occurred under CAIR and, more
importantly, more reductions than are needed to maintain the standard
in the Area. The reductions of EGU emissions of SO2 and
NOX contributed to the air quality improvement in the
Birmingham Area. Therefore, the final promulgation of CSAPR, in
combination with the other measures cited by Alabama and described
above, ensure that the emission reductions that led the Area to attain
the 1997 Annual PM2.5 NAAQS can be considered permanent and
enforceable for purposes of section 107(d)(3)(E)(iii).

Criteria (4)--The Birmingham Area Has a Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Birmingham Area to attainment for the 1997 Annual PM2.5
NAAQS, ADEM submitted a SIP revision to provide for the maintenance of
the 1997 Annual PM2.5 NAAQS for at least 10 years after the
effective date of redesignation to attainment. EPA believes this
maintenance plan meets the requirements for approval under section 175A
of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future 1997 Annual PM2.5 violations. The Calcagni
Memorandum provides further guidance on the content of a maintenance
plan, explaining that a maintenance plan should address five
requirements: the attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. As is discussed more fully below, EPA finds that
Alabama's maintenance plan includes all the necessary components and is
thus proposing to approve it as a revision to the Alabama SIP.
b. Attainment Emissions Inventory
    The Birmingham Area attained the 1997 Annual PM2.5 NAAQS
based on monitoring data for the 3-year period from 2008-2010. Alabama
selected 2009 as the attainment emissions inventory year. The
attainment inventory identifies a level of emissions in the Area that
is sufficient to attain the 1997 Annual PM2.5 NAAQS. Alabama
began development of the attainment inventory by first generating a
baseline emissions inventory for the Birmingham Area. As noted above,
the year 2009 was chosen as the base year for developing a
comprehensive emissions inventory for direct PM2.5 and the
primary PM2.5 precursors, SO2 and NOX,
for which projected emissions could be developed for 2012, 2015, 2018,
2021, and 2024. ADEM used actual point source emissions data for 2009
for all sources in Jefferson County and a majority of sources in Shelby
County. The Visibility Improvement--State and Tribal Association of the
Southeast (VISTAS) projected 2009 emissions were used only where actual
emissions were unavailable. The projected inventory included with the
maintenance plan estimates emissions forward to 2024, which is beyond
the 10-year interval required in section 175A of the CAA. In addition
to comparing the final year of the plan, 2024, to the base year, 2009,
Alabama compared interim years to the baseline to demonstrate that
these years are also expected to show continued maintenance of the
Annual PM2.5 standard.
    The emissions inventory is composed of four major types of sources:
point, area, on-road mobile and non-road mobile. The future year
emissions inventories have been estimated using projected rates of
growth in population, traffic, economic activity, expected control
programs, and other parameters. Due to the remand of CAIR, ADEM did not
include any emissions reductions expected under the rule past 2012.
Promulgation of CSAPR ensured that reductions expected under CAIR would
remain, thus EPA considers ADEM's projections to be conservative
estimates. Non-road mobile emissions estimates were based on the EPA's
NONROAD2008a non-road mobile model, with the exception of the railroad
locomotives, commercial marine, and aircraft engine. These emissions
are estimated by taking activity data, such as landings and takeoffs,
and multiplying by an Economic Growth Analysis System (EGAS) emission
factor. On-road mobile source emissions were calculated using EPA's
MOVES2010a mobile emission factors model. The 2009 SO2,
NOX and PM2.5 emissions for the Birmingham Area,
as well as the emissions for other years, were developed consistent
with EPA guidance and are summarized in Tables 5 through 8 of the
following subsection discussing the maintenance demonstration.
c. Maintenance Demonstration
    The May 2, 2011, final submittal includes a maintenance plan for
the Birmingham nonattainment area. The maintenance plan:
    (i) Shows compliance with and maintenance of the Annual
PM2.5 standard by providing information to support the
demonstration that current and future emissions of SO2,
NOX and PM2.5 remain at or below 2009 emissions
levels.
    (ii) Uses 2009 as the attainment year and includes future emissions
inventory projections for 2012, 2015, 2018, 2021, and 2024.
    (iii) Identifies an ``out year'' at least 10 years (and beyond)
after the time necessary for EPA to review and approve the maintenance
plan. Per 40 CFR part 93, NOX and PM2.5 MVEBs
were established for the last year (2024) of the maintenance plan (see
section VI below).
    (iv) Provides actual and projected emissions inventories, in tpy,
for the Birmingham nonattainment area, as shown in Tables 5 through 8
below.

               Table 5--Actual and Projected Annual PM2.5 Emissions (tpy) for the Birmingham Area
----------------------------------------------------------------------------------------------------------------
              Sector                    2009         2012         2015         2018         2021         2024
----------------------------------------------------------------------------------------------------------------
Point.............................     4,095.30     3,558.75     3,755.85     3,971.20     4,186.55     4,416.50
Area..............................     4,507.75     4,445.70     4,515.05     4,588.05     4,664.70     4,737.70

Nonroad...........................       584.00       543.85       481.80       419.75       383.25       365.00
Mobile............................       819.80       663.50       507.24       450.06       392.88       335.70
                                   -----------------------------------------------------------------------------
    Total.........................    10,006.85     9,211.80     9,259.94     9,429.06     9,627.38     9,854.90
----------------------------------------------------------------------------------------------------------------

                Table 6--Actual and Projected Annual NOX Emissions (tpy) for the Birmingham Area
----------------------------------------------------------------------------------------------------------------
              Sector                    2009         2012         2015         2018         2021         2024
----------------------------------------------------------------------------------------------------------------
Point.............................    35,131.25    35,189.65    35,773.65    36,375.90    37,102.25    37,846.85
Area..............................     4,102.60     4,168.30     4,230.35     4,296.05     4,358.10     4,423.80
Nonroad...........................     9,968.15     8,979.00     7,935.10     7,172.25     7,004.35     7,088.30
Mobile............................    24,991.13    19,980.14    14,969.14    12,892.21    10,815.28     8,738.39
                                   -----------------------------------------------------------------------------
    Total.........................    74,193.13    68,317.09    62,908.24    60,736.41    59,279.98    58,097.34
----------------------------------------------------------------------------------------------------------------

                Table 7--Actual and Projected Annual SO2 Emissions (tpy) for the Birmingham Area
----------------------------------------------------------------------------------------------------------------
              Sector                    2009         2012         2015         2018         2021         2024
----------------------------------------------------------------------------------------------------------------
Point.............................   180,094.65    74,354.15    74,609.65    74,887.05    75,131.97    75,525.80
Area..............................       386.90       397.85       405.15       416.10       423.40       434.35
Nonroad...........................       182.50        73.00        69.35        69.35        69.35        73.00
Mobile............................       149.08       121.57        94.09        94.62        95.15        95.62
                                   -----------------------------------------------------------------------------
    Total.........................   180,813.13    74,946.57    75,178.24    75,467.12    75,719.87    76,128.77
----------------------------------------------------------------------------------------------------------------

                                 Table 8--Emission Estimates for Birmingham Area
----------------------------------------------------------------------------------------------------------------
                        Year                              PM2.5 (tpy)          NOX (tpy)           SO2 (tpy)
----------------------------------------------------------------------------------------------------------------
2009................................................           10,006.85           74,193.13          180,813.13
2012................................................            9,211.80           68,317.09           74,946.57
2015................................................            9,259.94           62,908.24           75,178.24
2018................................................            9,429.06           60,736.41           75,467.12
2021................................................            9,627.38           59,279.98           75,719.87
2024................................................            9,854.90           58,097.34           76,128.77
Difference from 2009 to 2024........................             -151.95           -16095.79         -104,684.36
----------------------------------------------------------------------------------------------------------------

    Tables 5 through 8 summarize the 2009 and future projected
emissions of direct PM2.5 and precursors from the counties
in the Birmingham Area. In situations where local emissions are the
primary contributor to nonattainment, the ambient air quality standard
should not be violated in the future as long as emissions from within
the nonattainment area remain at or below the baseline with which
attainment was achieved. Alabama has projected emissions as described
previously and determined that emissions in the Birmingham Area will
remain below those in the attainment year inventory for the duration of
the maintenance plan.
    As discussed in section VI of this proposed rulemaking, a safety
margin is the difference between the attainment level of emissions
(from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which the area met
the NAAQS. Alabama selected 2009 as the attainment emissions inventory
year for the Birmingham Area. Alabama calculated the safety margins in
its submittal as 16,095.79 tpy for NOX and 151.95 tpy for
PM2.5. The State has decided to allocate 7,243.11 tpy of the
available NOX safety margin and 106.37 tpy of the available
PM2.5 safety margin to the 2024 MVEBs for the Birmingham
Area. Therefore, the remaining safety margin for NOX will be
8852.68 tpy and the remaining safety margin for PM2.5 will
be 45.58 tpy. This allocation and the resulting available safety margin
for the Birmingham Area are discussed further in section VI of this
proposed rulemaking.
d. Monitoring Network
    There are currently ten monitors measuring PM2.5 in the
Birmingham Area. The State of Alabama, through ADEM, has committed to
continue operation of the monitors in the Birmingham Area in compliance
with 40 CFR part 58 and have thus addressed the requirement for
monitoring. EPA approved Alabama's 2010 monitoring plan on October 8,
2010.
e. Verification of Continued Attainment
    The State of Alabama, through ADEM, has the legal authority to
enforce and implement the requirements of the Birmingham Area 1997
Annual PM2.5 maintenance plan. This includes the authority
to adopt, implement and enforce any subsequent emissions control
contingency measures determined to be necessary to correct future
PM2.5 attainment problems.
    ADEM will track the progress of the maintenance plan by performing
future reviews of triennial emissions inventories for the Birmingham
Area as required in the Air Emissions Reporting Rule (AERR) and
Consolidated Emissions Reporting Rule (CERR). For these periodic
inventories, ADEM will

review the assumptions made for the purpose of the maintenance
demonstration concerning projected growth of activity levels. If any of
these assumptions appear to have changed substantially, then ADEM will
re-project emissions for the Birmingham Area.
f. Contingency Measures in the Maintenance Plan
    The contingency measures are designed to promptly correct a
violation of the NAAQS that occurs after redesignation. Section 175A of
the CAA requires that a maintenance plan include such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation. The
maintenance plan should identify the contingency measures to be
adopted, a schedule and procedure for adoption and implementation, and
a time limit for action by the State. A state should also identify
specific indicators to be used to determine when the contingency
measures need to be implemented. The maintenance plan must include a
requirement that a state will implement all measures with respect to
control of the pollutant that were contained in the SIP before
redesignation of the area to attainment in accordance with section
175A(d).
    In the May 2, 2011, submittal, Alabama affirms that all programs
instituted by the State and EPA will remain enforceable and that
sources are prohibited from reducing emissions controls following the
redesignation of the Area. The contingency plan included in the
submittal includes a triggering mechanism to determine when contingency
measures are needed and a process of developing and implementing
appropriate control measures. The State of Alabama will use actual
ambient monitoring data as the triggering event to determine when
contingency measures should be implemented.
    Alabama has identified a primary trigger as occurring when the
Annual PM2.5 NAAQS, as described in section II above, are
violated. Alabama commits to adopting, within 18 months of a certified
violation of the Annual PM2.5 NAAQS, one or more of the
control measures discussed below. Additionally, Alabama has identified
a secondary trigger to occur when the annual average PM2.5
concentrations in a year at any individual monitor in the nonattainment
area records a reading of 15.0 [mu]g/m\3\ or higher. In such a case,
the state will evaluate existing controls measures and determine
whether any further emission reduction measures should be implemented.
ADEM will consider several factors in its evaluation of the need for
additional controls measures in the event of a future year violation of
the 1997 Annual PM2.5 NAAQS. Depending on the timing of the
future year violations, additional local and regional emissions
reductions may still be planned. ADEM will evaluate the air quality
impacts of those regulatory programs in determining if further
reductions are required to ensure continued maintenance of the Annual
PM2.5 NAAQS in the Birmingham Maintenance Area.
    In addition to the triggers indicated above, Alabama will monitor
regional emissions through the CERR and AERR and compare them to the
projected inventories and the attainment year inventory. If the actual
emissions from these inventories are greater than ten percent above the
projected emissions presented in the maintenance plan, than ADEM will
evaluate whether additional planning or control measures are needed to
prevent the Area from violating the NAAQS or to correct a potential
violation.
    In the event that further reductions are needed to ensure continued
maintenance, the list of ``culpable sources'' developed by Alabama in
the State's 2009 Birmingham Annual PM2.5 Attainment
Demonstration SIP, submitted to EPA on March 13, 2009, will be
evaluated for additional control of direct PM2.5 emissions.
Those sources are listed in Chapter 8 of the Attainment Demonstration
SIP, which is included in the docket for this proposed rulemaking (EPA-
R04-OAR-2011-0316). Chapter 8 contains the detailed contingency
measures for the Annual PM2.5 SIP and was referenced in the
redesignation request and maintenance plan for the Annual
PM2.5 NAAQS. Also in the event that further reductions are
needed, ADEM will consider the possibility of expanding the current
voluntary diesel retrofit program currently in place in the Birmingham
Area.
    Once a primary trigger is initiated, ADEM will commence analysis,
including review of expected emissions reductions from local and
regional regulatory programs, air quality modeling, and emissions
inventory assessment to determine emission control measures that will
be required to attain or maintain the 1997 Annual PM2.5
NAAQS. All controls relied upon for contingency purposes are scheduled
to be installed in 2012 or later and are therefore not already relied
upon for maintenance. At least one of the following contingency
measures will be adopted and implemented upon a primary triggering
event:
     Continued implementation of previously adopted controls
which have not yet been realized but are sufficient to address the
violation, including future year emission reductions from Federal
measures to address interstate pollutant transport and from the Georgia
multi-pollutant rule;
     Additional controls of direct PM2.5 emissions
from the list of ``culpable sources'' developed in the Annual
PM2.5 attainment SIP;
     Expansion of the current voluntary diesel retrofit program
in the Birmingham Area;
     Any additional controls deemed beneficial to address the
violation at the time of the trigger.
    The schedule for implementation of this plan and details of steps
ADEM will take to bring the area back into compliance are outlined in
Table 9 below.

    Table 9--Schedule for Permit Revisions and/or Rule Revisions for
                    Implementing Contingency Measures
------------------------------------------------------------------------
          Step            Description of action          Schedule
------------------------------------------------------------------------
1......................  Identify and quantify    3 months.
                          the emissions
                          reductions expected to
                          result from current
                          and future state and
                          Federal regulatory
                          programs.
2......................  Use the best available   6 months.
                          air quality modeling
                          to evaluate the air
                          quality improvement
                          expected from step 1
                          above.
3......................  Draft any needed permit  3 months.
                          conditions or SIP
                          regulations.
4......................  Complete rulemaking or   6 months.
                          permit revision
                          process and submit to
                          EPA.
------------------------------------------------------------------------
                           Maximum time required  18 months.
                            for completion.
------------------------------------------------------------------------

    EPA has concluded that the maintenance plan adequately addresses
the five basic components of a maintenance plan: attainment inventory,
monitoring network, verification of continued attainment, and a
contingency plan. Therefore, the maintenance plan SIP revision
submitted by the State of Alabama for the Birmingham Area meets the
requirements of section 175A of the CAA and is approvable.

VI. What is EPA's analysis of Alabama's proposed NOX and
PM2.5 MVEBs for the Birmingham area?

    Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstration) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. The MVEB is the portion of the total allowable emissions in
the maintenance demonstration that is allocated to highway and transit
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a
ceiling on emissions from an area's planned transportation system. The
MVEB concept is further explained in the preamble to the November 24,
1993, Transportation Conformity Rule (58 FR 62188). The preamble also
describes how to establish the MVEB in the SIP and how to revise the
MVEB.
    After interagency consultation with the transportation partners for
the Birmingham Area, Alabama has elected to develop MVEBs for
NOX and PM2.5 for the entire nonattainment area
(Jefferson, Shelby, and the nonattainment portion of Walker Counties).
Alabama is developing these MVEBs, as required, for the last year of
its maintenance plan, 2024. The MVEBs reflect the total on-road
emissions for 2024, plus an allocation from the available
NOX and PM2.5 safety margin. Under 40 CFR 93.101,
the term ``safety margin'' is the difference between the attainment
level (from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The safety margin can be allocated to
the transportation sector; however, the total emissions must remain
below the attainment level. The NOX and PM2.5
MVEBs and allocation from the safety margin were developed in
consultation with the transportation partners and were added to account
for uncertainties in population growth, changes in model vehicle miles
traveled and new emission factor models. The NOX and
PM2.5 MVEBs for the Birmingham Area are defined in Table 10
below.

                Table 10--Birmingham Area PM2.5 NOX MVEBs
                                  [tpy]
------------------------------------------------------------------------
                                                   PM2.5         NOX
------------------------------------------------------------------------
2024 On-road Mobile Emissions (tpy)...........        335.7     8,738.39
Safety Margin Allocated to MVEB...............       106.37     7,243.11
2024 Conformity MVEB..........................       442.07    15,981.50
------------------------------------------------------------------------

    As mentioned above, the Birmingham Area has chosen to allocate a
portion of the available safety margin to the NOX and
PM2.5 MVEBs for 2024. This allocation is 7,243.11 tpy and
106.37 tpy for NOX and PM2.5, respectively. Thus,
the remaining safety margins for 2024 are 8,852.68 tpy and 45.58 tpy
for NOX and PM2.5, respectively.
    Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and PM2.5 for 2024 for the Birmingham Area
because EPA has determined that the Area maintains the 1997 Annual
PM2.5 NAAQS with the emissions at the levels of the budgets.
Once the MVEBs for the Birmingham Area are approved or found adequate
(whichever is completed first), they must be used for future conformity
determinations. After thorough review, EPA has determined that the
budgets meet the adequacy criteria, as outlined in 40 CFR 93.118(e)(4),
and is proposing to approve the budgets because they are consistent
with maintenance of the 1997 Annual PM2.5 NAAQS through
2024.

VII. What is the status of EPA's adequacy determination for the
proposed NOX and PM2.5 MVEBs for 2024 for the
Birmingham Area?

    When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. Once
EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB must be used by state and
Federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional
information on the adequacy process for transportation conformity
purposes is available in the proposed rule entitled, ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Alabama's maintenance plan submission
includes NOX and PM2.5 MVEBs for the Birmingham
Area for 2024, the last year of the maintenance plan. EPA reviewed the
NOX and PM2.5 MVEBs through the adequacy process.
The Alabama SIP submission, including the Birmingham

Area NOX and PM2.5 MVEBs, was open for public
comment on EPA's adequacy Web site on March 24, 2011, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public
comment period on adequacy for the MVEBs for 2024 for Birmingham Area
closed on April 25, 2011. EPA did not receive any comments on the
adequacy of the MVEBs, nor did EPA receive any requests for the SIP
submittal.
    EPA intends to make its determination on the adequacy of the 2024
MVEBs for the Birmingham Area for transportation conformity purposes in
the near future by completing the adequacy process that was started on
March 24, 2011. After EPA finds the 2024 MVEBs adequate or approves
them, the new MVEBs for NOX and PM2.5 must be
used for future transportation conformity determinations. For required
regional emissions analysis years that involve 2024 or beyond, the
applicable budgets will be the new 2024 MVEBs established in the
maintenance plan, as defined in section VI of this proposed rulemaking.

VIII. What is EPA's analysis of the proposed 2009 base year emissions
inventory for the Birmingham area?

    As discussed above, section 172(c)(3) of the CAA requires areas to
submit a base year emissions inventory. As part of Alabama's request to
redesignate the Birmingham Area, the State submitted a 2009 base year
emissions inventory to meet this requirement. Emissions contained in
the submittal cover the general source categories of point sources,
area sources, on-road mobile sources, and non-road mobile sources. All
emission summaries were accompanied by source-specific descriptions of
emission calculation procedures and sources of input data. Alabama's
submittal documents 2009 emissions in the Birmingham Area in units of
tpy. Table 11, below, provides a summary of the 2009 emissions of
direct PM2.5, NOX, and SO2 for the
Birmingham Area. In today's notice, EPA is proposing to approve this
2009 base year inventory as meeting the section 172(c)(3) emissions
inventory requirement.

                        Table 11--Birmingham Area 2009 Emissions for PM2.5, NOX, and SO2
                                              [tpy (percent total)]
----------------------------------------------------------------------------------------------------------------
                    Source                              PM2.5                  NOX                   SO2
----------------------------------------------------------------------------------------------------------------
Point Source Total............................       4,095.30 [40.9]      35,131.25 [47.4]     180,094.65 [99.6]
Area Source Total.............................       4,507.75 [45.0]        4,102.60 [5.5]          386.90 [0.2]
On-Road Mobile Source Total...................          819.80 [8.2]      24,991.13 [33.7]          149.08 [0.1]
Non-Road Mobile Source Total..................          584.00 [5.8]       9,968.15 [13.4]          182.50 [0.1]
                                               -----------------------------------------------------------------
    Total for all Sources.....................             10,006.85             74,193.13            180,813.13
----------------------------------------------------------------------------------------------------------------

IX. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval today. Approval
of Alabama's redesignation request would change the legal designation
of Jefferson and Shelby Counties and the designated portion of Walker
County in Alabama for the 1997 Annual PM2.5 NAAQS, found at
40 CFR part 81, from nonattainment to attainment. Approval of Alabama's
request would also incorporate a plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Birmingham Area through 2024 into the
Alabama SIP. This maintenance plan includes contingency measures to
remedy any future violations of the 1997 Annual PM2.5 NAAQS
and procedures for evaluation of potential violations. The maintenance
plan also establishes NOX and PM2.5 MVEBs for the
Birmingham Area. The NOX and PM2.5 MVEBs for 2024
for the Birmingham Area are 15,981.50 tpy and 442.07 tpy, respectively.
Final action would also approve the Area's emissions inventory under
section 172(c)(3). Additionally, EPA is notifying the public of the
status of EPA's adequacy determination for the newly-established
PM2.5 and NOX MVEBs for 2024 for the Birmingham
Area.

X. Proposed Actions on the Redesignation Request and Maintenance Plan
SIP Revisions Including Approval of the NOX and
PM2.5 MVEBs for 2024 for the Birmingham Area

    EPA previously determined that the Birmingham Area was attaining
the 1997 Annual PM2.5 NAAQS on June 29, 2011, at 76 FR
38023. EPA is now taking three separate but related actions regarding
the Area's redesignation and maintenance of the 1997 Annual
PM2.5 NAAQS.
    First, EPA is proposing to determine, based on complete, quality-
assured and certified monitoring data for the 2008-2010 monitoring
period, and after review of preliminary data in AQS for 2011, that the
Birmingham Area continues to attain the 1997 Annual PM2.5
NAAQS. EPA is proposing to determine that the Birmingham Area has met
the criteria under CAA section 107(d)(3)(E) for redesignation from
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS.
On this basis, EPA is proposing to approve Alabama's redesignation
request for the Birmingham Area.
    Second, EPA is proposing to approve Alabama's 2009 emissions
inventory for the Birmingham Area (under CAA section 172(c)(3)).
Alabama selected 2009 as the attainment emissions inventory year for
the Birmingham Area. This attainment inventory identifies a level of
emissions in the Area that is sufficient to attain the 1997 Annual
PM2.5 NAAQS and also is a current, comprehensive inventory
that meets the requirements of section 172(c)(3).
    Third, EPA is proposing to approve the maintenance plan for the
Birmingham Area, including the PM2.5 and NOX
MVEBs for 2024, into the Alabama SIP (under CAA section 175A). The
maintenance plan demonstrates that the Area will continue to maintain
the 1997 Annual PM2.5 NAAQS, and the budgets meet all of the
adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as
part of today's action, EPA is describing the status of its adequacy
determination for the PM2.5 and NOX MVEBs for
2024 in accordance with 40 CFR 93.118(f)(1). Within 24 months from the
effective date of EPA's adequacy determination for the MVEBs or the
effective date for the final rule for this action, whichever is
earlier, the transportation partners will need to demonstrate
conformity to the new NOX and PM2.5 MVEBs
pursuant to 40 CFR 93.104(e).
    If finalized, approval of the redesignation request would change
the official designation of Jefferson and Shelby Counties in their
entireties and the nonattainment portion of Walker

County in the Birmingham Area for the 1997 Annual PM2.5
NAAQS, found at 40 CFR part 81, from nonattainment to attainment.

XI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For this reason, these proposed actions:
     Are not ``significant regulatory action[s]'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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

     Do 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).

In addition, this proposed rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements, and Particulate
matter.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: November 2, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2011-29176 Filed 11-9-11; 8:45 am]
BILLING CODE 6560-50-P