Comment submitted by Alabama Departmenf of Environmental Management (ADEM)

ADEM is submitting comments on the fourth issue under reconsideration by EPA. This issue relates to the inclusion of the State of Florida in the CAIR region for ozone. ADEM believes that the State of Florida should be included in the CAIR region for ozone in addition to fine particles. The basis for the Florida petitioners? argument for the state of Florida to be excluded from the CAIR Region for ozone stems from both the lack of adequate notice that Florida would be found a significant contributor and the lack of opportunity to comment on the modeling inputs that resulted in such a determination. While it is true that Florida was not indicated as a significant contributor for ozone in the proposed rule or the supplemental proposal, the implications of the notice of additional data availability were such that the entire modeling platform changed (i.e. new model, new meteorology, updated emissions, etc). The notice of additional data availability documents were placed on the docket on or about July 27, 2004 and 30-day comment period was allowed. Many of the details from the proposed rules changed in the final rule as well (i.e. EGUs only, first phase of NOx begins in 2009, compliance supplement pool added for annual NOx). Current modeling indicates that Florida is a significant contributor to 8-hour ozone in Fulton County, Georgia. Florida?s contribution is more significant than three other states (West Virginia, Virginia, and Mississippi). Also, the CAIR ozone season trading system would be made less robust by the exclusion of Florida. Without an emissions cap, Florida sources that would be subject to the CAIR for ozone would not be required to purchase allowances if CAIR emissions levels are exceeded. Even if NOx emissions from Florida sources that would be subject to CAIR do not significantly contribute to downwind ozone nonattainment, these NOx emissions would not be subject to an emissions cap as is the case for sources located in neighboring states that are subject to CAIR. The lack of an emissions cap on Florida sources that would be subject to CAIR for ozone may impede the ability of neighboring states to meet and maintain the 8- hour ozone NAAQS.