ATTACHMENT - SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

	

   SIP Submitted by:   

     Date Submitted:                Subject:     Confirmation of
110(a)(2)(A)-(M) PM NAAQS Requirements in the Current Alabama SIP

  

110(a)(2)(A)-(M) Requirements Checklist – Alabama

Section 110(a) element	Summary of element	How Addressed in Submittal

	Status

§110(a)(2)(A)	include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.	These
requirements are met through ADEM Admin. Code rs. 335-3-1-.03 “Ambient
Air Quality Standards”, 335-3-1-.05 “Sampling and Testing
Methods”, 335-3-1-.06 “Compliance Schedule”, and
335-3-14-.03(1)(g) “Standards for Granting Permits”.  Further, the
following rules regulate stack height: 335-3-14-.03(2)(d) & (e),
335-3-15-.02(9)(d) & (e), 335-3-16-.02(10)(d) & (e).

	All general language.  No PM references.  

OK.

§110(a)(2)(B)	provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to-

monitor, compile, and analyze data on ambient air quality, and 

upon request, make such data available to the Administrator;  	These
requirements are met through ADEM Admin. Code rs. 335-3-1-.04
“Monitoring, Records, and Reporting” and 335-3-1-.05 “Sampling and
Testing Methods”.  Further, our 2007 network plan was approved by EPA
on November 13, 2007.

	335-3-1-.04 – PM reference

335-3-1-.05 – general language

OK.

§110(a)(2)(C)	include a program to provide for the enforcement of the
measures described in subparagraph (A) and regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that national ambient air
quality standards are achieved, including a permit program as required
in parts C and D;	ADEM has the ability to and commits to ensuring that
PSD and nonattainment new source review permits (NNSR) issued to major
sources in Alabama will be consistent with EPA’s interim guidance
calling for the use of PM10 as a surrogate for PM2.5 in the PSD and NNSR
permitting programs, until such time that EPA finalizes new regulatory
requirements for these programs.  ADEM is able to regulate sources of
PM10 through ADEM Admin. Code rs. 335-3-14-.04 “Prevention of
Significant Deterioration in Permitting” and 335-3-14-.05 “Air
Permits Authorizing Construction in or Near Nonattainment Areas”.

	State following EPA guidance to use PM10 as surrogate.

OK.

§110(a)(2)(D)	contain adequate provisions—

   (i) prohibiting, consistent with the provisions of this title, any
source or other type of emissions activity within the state from
emitting any air pollutant in amounts which will--

     (I) contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with respect to any such national
primary or secondary ambient air quality standard, or

     (II) interfere with measures required to be included in the
applicable implementation plan for any other State under part C to
prevent significant deterioration of air quality or to protect
visibility, 

  (ii) insuring compliance with the applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement);	The first and second elements are met through Alabama’s
Clean Air Interstate Rule (CAIR), which was approved by EPA on October
1, 2007 (72 FR 55659).  The fourth element is met through Alabama’s
Regional Haze Implementation Plan, which was made available for public
comment on March 9, 2008.    

As stated previously, concerning the third element, ADEM has the ability
to and commits to ensuring that PSD and nonattainment new source review
permits (NNSR) issued to major sources in Alabama will be consistent
with EPA’s interim guidance calling for the use of PM10 as a surrogate
for PM2.5 in the PSD and NNSR permitting programs, until such time that
EPA finalizes new regulatory requirements for these programs.  A letter
stating this commitment was made available for public comment from March
9, 2008 until April 25, 2008.  No comments were received from the public
on this letter.	110(a)(2)(D)(i) findings done already; don’t need to
address this

Geoff Wilcox to look in to 110(a)(2)(D)(ii) requirement.

??

§110(a)(2)(E)(i)

(adequate resources)	provide 

   (i) necessary assurances that the state (or, except where the
Administrator deems inappropriate, the general purpose local government
or governments, or a regional agency designated by the state or general
purpose local governments for such purpose) will have adequate
personnel, funding, and authority under state (and, as appropriate,
local) law to carry out such implementation plan (and is not prohibited
by any provision of federal or state law from carrying out such
implementation plan or portion thereof);	Legal authority is derived from
Ala. Code §§22-28-11 (2006 Rplc. Vol.), which authorizes the
Department to adopt emission requirements through regulation that are
necessary to prevent, abate, or control air pollution.  The funding
requirements are met through §105 grants and through the Title V fee
process (ADEM Admin. Code r. 335-1-7-.04).  	Geoff to see how we have
handled this in the past.

??

§110(a)(2)(E)(ii)	(ii) requirements that the state comply with the
requirements respecting state boards under section 128, and	Requirements
dictating the roles of local or regional governments (local programs)
are derived from Ala. Code §§22-28-11 (2006 Rplc. Vol.), as amended,
which do not allow the local programs to be less strict than the Alabama
SIP/regulations and allows for oversight from the Alabama Environmental
Management Commission.

	Geoff to see how we have handled this in the past.

??

§110(a)(2)(E)(iii)	(iii) necessary assurances that, where the state has
relied on a local or regional government, agency, or instrumentality for
the implementation of any plan provision, the state has responsibility
for ensuring adequate implementation of such plan provision;

Geoff to see how we have handled this in the past.

??

§110(a)(2)(F)	require, as may be prescribed by the Administrator—

   (i) the installation, maintenance, and replacement of equipment, and
the implementation of other necessary steps by owners or operators of
stationary sources to monitor emissions from such sources, 

   (ii) periodic reports on the nature and amounts of emissions and
emissions-related data from such sources, and

   

(iii) correlation of such reports by the state agency with any emission
limitations or standards established pursuant to this Act, which reports
shall be available at reasonable times for public inspection;  	These
requirements are met through ADEM Admin. Code  chap. 335-3-12
“Continuous Monitoring Requirements for Existing Sources.”

	335-3-12-.02(3)(a)2 contains general particulate matter reference

OK.

§110(a)(2)(G)	provide for authority comparable to that in section 303
and adequate contingency plans to implement such authority;	This
requirement is met through ADEM Admin. Code chap. 335-3-2, “Air
Pollution Emergency” for PM10.  ADEM also meets this requirement
through Ala. Code §§22-28-11 (2006 Rplc. Vol.), as amended, “Air
Pollution Emergencies”.  When EPA promulgates emergency episode
criteria for PM2.5, ADEM will adopt those criteria.

	References PM10

Finding?

§110(a)(2)(H)	provide for revision of such plan—

    (i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining such standard, and 

   (iii) except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to the
Administrator that the plan is substantially inadequate to attain the
national ambient air quality standard which it implements, or to
otherwise comply with any additional requirements established under this
Act;  	These requirements are met through ADEM Admin. Code rs.
335-1-1-.03(1)(b) and 335-3-1-.03 “Ambient Air Quality Standards”

	General reference to NAAQS

OK.

§110(a)(2)(I)

(nonattainment area plan)	in the case of a plan or plan revision for an
area designated as a nonattainment area, meet the applicable
requirements of part D (relating to nonattainment areas);	ADEM is
currently developing an attainment plan for the PM2.5 nonattainment area
within Alabama.  In regards to Section 176(c), Alabama has an approved
conformity SIP	Outside the scope of consent decree.

OK.

§110(a)(2)(J)

(§ 121 consultation)

	meet the applicable requirements of section 121 (relating to
consultation), …	This requirement is met through provisions in
separate implementation plans, such as the Regional Haze Implementation
Plan, which provide for continued consultation with government
officials.  This requirement is also met through the interagency
consultation process as directed by Alabama’s approved Conformity SIP
and 40 CFR 93.112.

	OK.

§110(a)(2)(J)

(Section 127 public notification)	meet the applicable requirements of
section 7427 of this title,	This requirement is met through ADEM Admin.
Codes rs. 335-3-2 “Air Pollution Emergency”, 335-3-14-.01(7)
“Public Participation”, and 335-3-14-.05(13) “Public
Participation”.  Further, ADEM has several public notice mechanisms in
place to notify the public of PM and other pollutant forecasting.

	No reference to PM.

OK?

§110(a)(2)(J)

(PSD)	meet the applicable requirements of … part C (relating to
prevention of significant deterioration of air quality and visibility
protection);	This requirement is met through ADEM Admin. Code chap.
335-3-14 “Permits” and through the Alabama Regional Haze
Implementation Plan, which was made available for public notice from
March 9, 2008 to April 25, 2008.

	PM10 reference in 335-3-14(1) to state averaging times for pollutants. 
General PM references elsewhere.  

??  State probably needs to make statement they are using PM10 as
surrogate here as well if applicable?

§110(a)(2)(K)

	provide for:

   (i) the performance of such air quality modeling as the Administrator
may prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which the
Administrator has established a national ambient air quality standard,
and 

   (ii) the submission, upon request, of data related to such air
quality modeling to the Administrator;	This requirement is met through
ADEM Admin. Codes rs. 335-3-1-.04 “Monitoring, Records, and
Reporting” and 335-3-14-.04 “Prevention of Significant Deterioration
Permitting”, specifically paragraph (11) “Air Quality Models”.

	335-3-1-.04 – PM reference OK

335-3-14-.04 – contains PM10 references…??? State probably needs to
make statement they are using PM10 as surrogate here as well if
applicable?



§110(a)(2)(L)	

require the owner or operator of each major stationary source to pay to
the permitting authority, as a condition of any permit required under
this Act, a fee sufficient to cover—

   (i) the reasonable costs of reviewing and acting upon any application
for such a permit, and 

    (ii) if the owner or operator receives a permit for such source, the
reasonable costs of implementing and enforcing the terms and conditions
of any such permit (not including any court costs or other costs
associated with any enforcement action), until such fee requirement is
superseded with respect to such sources by the Administrator's approval
of a fee program under title V; 	This requirement is met through ADEM
Admin. Code chap. 335-1-7, which are State regulations not approved in
the Federal SIP.

	??

Geoff to see how this was handled for ozone.  Must this be in the SIP or
is this requirement met through Title V or elsewhere?

§110(a)(2)(M)

	provide for consultation and participation by local political
subdivisions affected by the plan.	This requirement is met through ADEM
Admin. Code r. 335-3-17-.01.  This requirement is also met through the
interagency consultation process as directed by Alabama’s approved
Conformity SIP and 40 CFR 93.112.

	General language

OK

§§110(a)(2)(C) & 110(a)(2)(J)	Part C Permit program:  

§110(a)(2)(J) meet the applicable requirements of … part C (relating
to prevention of significant deterioration of air quality and visibility
protection);

§110(a)(2)(C) …  regulation of the modification and construction of
any stationary source within the areas covered by the plan as necessary
to assure that national ambient air quality standards are achieved,
including a permit program as required in parts C and D;

40 CFR 51.166:  Amend PSD regulations as required by the November 29,
2005 final rule (70 FR 71612 at 71699-71700).  See also 70 FR
71671-71684.  





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