Comments from State of Alabama (ADEM)

Please accept Alabama’s comments below for Docket ID No. EPA-R04-OAR-2009-0782. On July 15, 2008, the Alabama Department of Environmental Management (ADEM) submitted a revision to the Alabama SIP addressing regional haze. On February 28, 2012, EPA published in the Federal Register (77 FR 11937) a proposed limited approval of the SIP revision on the basis that the revision as a whole strengthens the Alabama SIP. On December 30, 2011, EPA proposed a limited disapproval of the SIP because of deficiencies arising from the remand by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR) (76 FR 82219). In that same notice, EPA proposed to find that the Transport Rule is better than BART in states that participate in the Transport Rule. On July 6, 2005, EPA found that CAIR was “better than BART” (70 FR 39104). Since it is likely that either CAIR or the Transport Rule will be in effect in the future, we do not agree with a limited disapproval due to deficiencies in the applicable transport rule. The State of Alabama requests that EPA fully approve the State SIP as it applies to regional haze. On December 30, 2011, EPA also proposed Federal Implementation Plans (FIPs) to provide a mechanism for EPA to replace reliance on CAIR in the regional haze SIPs with reliance on the Transport Rule. ADEM submitted comments opposing that approach because EPA continues to erode states’ abilities to rectify deficiencies in SIPs. States should be given every opportunity provided by the Act to make revisions to correct SIP deficiencies before EPA acts by imposing a FIP. This approach would be consistent with the clear intent of the Clean Air Act. We appreciate the opportunity to provide our input. Thank you, Dale Hurst, Chief Control Strategies Section Planning Branch Air Division Alabama Department of Environmental Management P.O. Box 301463 Montgomery, Alabama 36130-1463 334-271-7882 adem.alabama.gov