UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960

March 22, 2022

Mr. Ron Gore

Chief
Alabama Department of Environmental Management
Air Division
1400 Coliseum Boulevard
Montgomery, Alabama 36130

Dear Mr. Gore:

Thank you for submitting the State of Alabama’s 2021 Annual Ambient Air Monitoring Network Plan
(Network Plan) on July 1, 2021. The Network Plan is required by 40 Code of Federal Regulations (CFR)
§ 58.10. The U.S. Environmental Protection Agency Region 4 understands that the Alabama Department
of Environmental Management (ADEM) provided the public a 30-day review period and several public
comments were received. After our initial review of the Network Plan, we determined that ADEM did
not address the public comments as required by 40 CFR § 58.10(a)(1). The EPA’s summary of the
public comments received is enclosed.

In an October 29, 2021, letter to ADEM, the EPA found that ADEM had not addressed public comments
on the 2021 Network Plan and that this lack of response was inconsistent with ADEM’s past practice,
with the requirements of 40 CFR § 58.10(a)(1), and with ADEM’s commitment under the Air Planning
Agreement for its Clean Air Act section 105 grant to submit a complete Network Plan that meets the
requirements of 40 CFR Part 58 by July 1, 2021. The EPA requested that ADEM provide a revised,
complete 2021 Network Plan that included responses to these public comments by November 12, 2021.
In a letter dated November 9, 2021, ADEM declined to provide a complete Network Plan that included
responses to the comments.

Forty (40) CFR § 58.10(a)(1) contains an unambiguous requirement that any state-submitted network
plan “shall include and address, as appropriate, any received comments.” The EPA has determined that
ADEM did not meet the requirements of 40 CFR § 58.10(a)(1) because ADEM failed to address public
comments. For a network plan to be complete, state agencies must submit to the EPA a network plan
that addresses all comments, “as appropriate.” The term “as appropriate” means, that at a minimum, the
state agency must respond to significant comments received. The public comments listed in the
enclosure and summarized below are significant because they request modifications of the air
monitoring network and seek more information on ADEM’s network design. Therefore, ADEM has also
not met its commitment under the Air Planning Agreement for its Clean Air Act Section 105 grant to
submit a Network Plan that meets the requirements of 40 CFR Part 58 by July 1, 2021. In previous
years, ADEM included a response to comments section in its network plans, but ADEM did not include
this section in its 2021 Network Plan.
Our review of the submitted public comments identified significant comments that have not been
addressed by ADEM. A summary of these comments is set forth below:

1. A request for special purpose monitoring of sulfur dioxide (SO2) around Alabama Power Plant
Barry to assess compliance with the SO2 national ambient air quality standards (NAAQS). This
comment references SO2 air quality modeling around Plant Barry that indicates modeled
exceedances of the 1-hour SO2 NAAQS near the plant and raises environmental justice concerns
in the surrounding communities.

2. A request for additional PM10 monitoring in environmental justice communities in Mobile,

Alabama. This comment also requests ADEM provide the studies it used to conclude that no PM
monitoring is needed in communities that have been disproportionately impacted near the coal
terminals at the Port of Mobile.

3. A request to respond to a public comment from last year’s network plan concerning information
on the resources required to install and operate a PM10 monitor near the coal terminal close to the
Port of Mobile.

4. A request to install special purpose monitoring for ozone in the Auburn and Anniston
metropolitan statistical areas, to provide additional information about why ozone monitoring is
not required in these areas, and information on ADEM’s plans to expand monitoring in eastern
Alabama.

After several conversations with the EPA about the requirement to address public comments, ADEM
has declined to provide responses to these comments. Due to the lack of response to significant public
comments as described above, the EPA disapproves ADEM’s 2021 Network Plan because it fails to
meet the requirements of 40 CFR § 58.10(a)(1).

The EPA requires that ADEM submit a complete 2021 Network Plan with a response to comment
section that either includes responses to all significant comments received or specifies changes ADEM
has already made to the 2021 Network Plan to address such comments, along with identification of the
comments that prompted the change. In the enclosure, the EPA has documented its review of the public
comments received and provided additional information that ADEM can consider when developing its
responses to comments.

As a result of this disapproval, ADEM has failed to meet its commitment under the Air Planning
Agreement for its Clean Air Act Section 105 grant to submit a Network Plan that meets the requirements
of 40 CFR Part 58 by July 1, 2021 (see FY 2021 Air Planning Agreement commitment #16 under
ambient air monitoring). From a grants management perspective, we want to stress the importance of
addressing and resolving high priority Air Planning Agreement issues like this one in a timely manner.
We hope to avoid the need to elevate this concern to our Grants Management Office; however, not
meeting an Air Planning Agreement commitment can have consequences, up to and including the
withholding of a portion of the state’s Clean Air Act section 105 grant allocation. The failure to have an
approved monitoring network plan may also impact the approvability of future State Implementation
Plan submittals from ADEM.
If you have any questions or concerns, please contact Katy Lusky at (404) 562-9130 or Darren Palmer at
(404) 562-9052.

Sincerely,
CAROLINE Digitally signed by CAROLINE
FREEMAN
FREEMAN Date: 2022.03.22 10:44:17 -04'00'

Caroline Y. Freeman
Director
Air and Radiation Division

Enclosures (2)
 2021 State of Alabama Ambient Air Monitoring Network Plan
U.S. EPA Comments and Recommendations
This document contains the U.S. Environmental Protection Agency comments and recommendations on the state
of Alabama’s 2021 Ambient Air Monitoring Network Plan (Network Plan). Ambient air monitoring rules, which
include regulatory requirements that address network plans, data certification, and minimum monitoring
requirements, among other requirements, are found in 40 CFR Part 58. Minimum monitoring requirements for
criteria pollutants are listed in 40 CFR Part 58, Appendix D, including those for ozone (O3), particulate matter less
than 2.5 microns (PM2.5), particulate matter less than 10 microns (PM10), nitrogen dioxide (NO2), sulfur dioxide
(SO2), carbon monoxide (CO), and lead (Pb).

The EPA only evaluated the Network Plan for public inspection and comment requirements. The EPA will
conduct a full evaluation of the ADEM monitoring network, once the ADEM submits a complete plan to include
full responses to public comments received.

Public Inspection and Comments

40 CFR §58.10(a)(1)

According to 40 CFR §58.10(a)(1), “the annual monitoring network plan must be made available for public
inspection and comment for at least 30 days prior to submission to the EPA and the submitted plan shall include
and address, as appropriate, any received comments.” The ADEM provided the public a 30-day review period and
several comments were received. The ADEM submitted these comments and partial responses with the final
Network Plan on July 1, 2021. The table below summarizes Network Plan public comments, ADEM’s response,
and any comments from the EPA.

Table 1: Network Plan Public Comments and Agency Responses

Comment
Related to
Summary of Public ADEM
Commentor the Air EPA comments
Comment Response
Monitoring
Network
The PM10 monitoring Yes No Response ADEM operated a special purpose
network in Mobile, fenceline PM10 monitor from 2000-
specifically in EJ 2005 that was violating the PM10
communities closest to the NAAQS when it was shut down in
coal handling facilities in the December 2005. ADEM also
SELC/GASP port in the Mobile Bay area, conducted a special study in 2005-
is inadequate. SELC and 2006 (see comment below).
GASP have been urging
ADEM to include more
monitoring in this area for
years.
SELC and GASP request Yes No Response The EPA has enclosed a copy of the
that ADEM make publicly 2005-2006 study, which ADEM
available the studies it cites previously provided to EPA. EPA is
as the basis for attainment of also providing this document to the
particulate matter NAAQS commentor. The ADEM is encouraged
in the Mobile area. to provide any additional relevant
SELC/GASP
information to the commentor.
ADEM relies on monitoring
results dating back to 2006
and unpublished records
showing that the tonnage of
coal being transported
1

Related to
Summary of Public
Commentor
Comment
Monitoring
through the Port of Mobile
in recent years is
substantially lower than in
2006. This analysis should
be updated, and ADEM
must show that PM
standards are not being
violated. SELC and GASP
request that such records be
made available for public
review.
SELC and GASP request
that ADEM respond to
comments as part of its
submittal to EPA of the
2021 Network Plan. ADEM
failed to provide SELC or
GASP with a response to
2020 comments. In addition
to the new comments raised
this year, SELC and GASP
also request that ADEM
provide a response to last
year’s inquiry into the actual
dollar amount of funding
that would be required to be
SELC/GASP
expended by ADEM to
install an additional PM10
monitor in Mobile.
SELC and GASP request
that ADEM install a special
purpose monitor (SPM) for a
period of three years at the
Barry Electric Generating
Plant in order to characterize
SELC/GASP
SO2 emissions and ensure
compliance with NAAQS.
This facility received a
renewed Title V Permit from
ADEM on February 2, 2021
despite objections from
Comment
ADEM
the Air EPA comments
Response
Network
Yes No Response The EPA estimates that the equipment
to monitor PM10 and installation would
cost approximately $30,000. The EPA
offered in 2018 to loan ADEM a
continuous PM10 monitor and provide
$9,240 in additional grant funding to
cover the installation and additional
equipment costs.
The ADEM is encouraged to operate
PM10 monitoring in this area to
determine whether PM10 levels are
meeting the NAAQS and if continued
monitoring is needed. The EPA would
work with the ADEM to fund this.
On December 13, 2021, EPA
announced the availability of $20
million in ARP funding through
competitive grants to enhance ambient
air quality monitoring in and near
underserved communities across the
United States. More information about
this program is available on EPA’s
ARP website. Additionally, the EPA
will award $22.5 million to state,
Tribal or local air agencies for
enhanced monitoring of PM2.5 and five
other air pollutants regulated by the
NAAQS.
Yes No Response To address the modeled SO2 NAAQS
violations referenced by the
commenter, ADEM should take
additional steps to characterize
ambient SO2 concentrations near the
Barry Electric Generating Plant. This
additional characterization should
include either providing air modeling
showing attainment with the SO2
NAAQS based on the most recent
actual or allowable SO2 emissions, or
proposing to install an SO2 monitor in
2
 Comment
Related to
Summary of Public ADEM
Commentor the Air EPA comments
Comment Response
Monitoring
Network
Sierra Club and GASP over the area of expected maximum 1-hr
the potential for violation of SO2 concentration near the source.
SO2 NAAQS. Sierra Club
hired an expert to conduct a Among other monitoring network
dispersion modeling analysis design requirements, the EPA’s Part 58
for ambient air regulations require monitors at sites:
concentrations for where the highest SO2 concentration is
comparison with the one- expected to occur in the area covered
hour SO2 NAAQS, using by the network; and to determine the
SO2 limits ADEM proposed impact of significant sources on air
in the Draft Permit. These quality. See 40 CFR Part 58, App. D,
proposed limits were 1.1.1(a) & (c).The EPA is willing to
included in the Final Permit. work with ADEM on this additional
This modeling shows that SO2 characterization.
permitted limits can result in
SO2 levels as high as 681
ug/m3 or 430 ug/m3
(depending on what limit
one of the coal units
complies with), versus the
NAAQS limit of 196.2
μg/m3 – exceedances over
two or three times the
allowable health-based limit.
SELC/GASP SELC and GASP request Yes No Response. EPA will evaluate the ozone network
that ADEM place special ADEM had once ADEM submits a complete
purpose monitors in the language in the network plan.
Auburn and Anniston areas draft network
in order to characterize plan that
ozone emissions and provide addressed O3
a fuller picture of the state’s monitoring near
overall air quality. Anniston and
Auburn. This
language
remained the
same in the final
network plan
and did not
directly address
the substance of
the comment.
SELC/GASP SELC and GASP request Yes ADEM added a National Emissions Inventory (NEI)
that ADEM publicly provide paragraph in data are available to the public on
information regarding lead Appendix D of EPA’s website. Currently, the most
emissions from the Anniston the Network recent data available are from the 2017
Army Depot, including Plan that is NEI and indicate that the Anniston
whether there is a waiver for related to the Army Depot emitted 666.16 lbs (0.33
monitoring requirements comment but did tons) of lead in 2017. ADEM, in a
under 40 C.F.R. Part 58. not include a letter dated November 18, 2016,
specific previously provided updated emission
response to the inventory data that the source’s lead
comment. emissions have been below 0.50 tons
per year from 2012-2015 (which was
3
 Comment
Related to
Summary of Public ADEM
Commentor the Air EPA comments
Comment Response
Monitoring
Network
the latest available data in the state’s
inventory at that time). In EPA’s
response to ADEM’s network plan on
November 7, 2017, the EPA agreed
that this was sufficient and that lead
monitoring was not required near this
source at that time. The EPA continues
evaluating the most recent NEI data for
all lead sources in the region.

Forty CFR § 58.10(a)(1) requires that the Network Plan “include and address” received comments. The
ADEM included the received comments but did not address all significant comments. The EPA has
disapproved the Network Plan because the EPA determined that the Network Plan does not meet the
public comment requirements of 40 CFR 58.10(a)(1).