Rulemaking To Amend Dates in Federal Implementation Plans Addressing Interstate Transport of Ozone and Fine Particulate Matter, 71663-71672 [2014-28286]
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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations
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(Authority: 38 U.S.C. 501, 1717)
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[FR Doc. 2014–28373 Filed 12–2–14; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51, 52, and 97
[EPA–HQ–OAR–2009–0491; FRL–9919–71–
OAR]
RIN 2060–AS40
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Rulemaking To Amend Dates in
Federal Implementation Plans
Addressing Interstate Transport of
Ozone and Fine Particulate Matter
Environmental Protection
Agency.
ACTION: Interim final rule with request
for comment.
AGENCY:
The Environmental Protection
Agency (EPA) is amending the Code of
SUMMARY:
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Federal Regulations (CFR) to correctly
reflect the compliance deadlines for the
Cross-State Air Pollution Rule (CSAPR)
as revised by the effect of the action of
the United States Court of Appeals for
the District of Columbia Circuit (D.C.
Circuit or Court) granting the EPA’s
motion to lift the previous stay of
CSAPR and delay (toll) its deadlines by
three years. With these ministerial
amendments, the CFR text will correctly
indicate that CSAPR’s Phase 1
emissions budgets apply in 2015 and
2016 and that CSAPR’s Phase 2
emissions budgets and assurance
provisions apply in 2017 and beyond.
The ministerial amendments similarly
correct dates in the CFR text related to
specific activities required or permitted
under CSAPR by regulated sources, the
EPA, and states, as well as dates related
to the sunsetting of the Clean Air
Interstate Rule (CAIR) upon its
replacement by CSAPR. The
amendments are necessary to clarify the
timing of requirements and elections
under CSAPR as shown in the CFR text
so that compliance can begin in an
orderly manner on January 1, 2015,
consistent with the Court’s order. The
EPA is also taking comment on the
amendments being made in this interim
final rule and will consider whether to
retain these revisions as promulgated or
whether further revisions are necessary
to make the CSAPR compliance
deadlines consistent with the Court’s
order.
This final rule is effective on
December 3, 2014. The EPA will
consider comments on this interim final
rule received on or before February 2,
2015.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2009–0491, by one of the
following methods:
• www.regulations.gov: Follow the
online instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: EPA Docket Center, Air and
Radiation Docket, Mail Code 2822T,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460, Attn: Docket ID
No. EPA–HQ–OAR–2009–0491.
• Hand delivery: EPA Docket Center,
William Jefferson Clinton Building
West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004,
Attn: Docket ID No. EPA–HQ–OAR–
2009–0491. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
ADDRESSES:
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Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2009–
0491. The 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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the 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 the 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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.
Docket: The EPA is including this
action in Docket ID No. EPA–HQ–OAR–
2009–0491, which is also the docket for
the original CSAPR rulemaking and
other related rulemakings. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 through
www.regulations.gov or in hard copy at
the Air and Radiation Docket, William
Jefferson Clinton Building West, Room
3334, 1301 Constitution Avenue NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
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the Air and Radiation Docket is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT: Beth
A. Murray, Clean Air Markets Division,
Office of Atmospheric Programs, U.S.
Environmental Protection Agency, MC
6204M, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone
number: (202) 343–9115; email address:
murray.beth@epa.gov. Electronic copies
of this document can be accessed
through the EPA Web site at: https://
www.epa.gov/airmarkets.
SUPPLEMENTARY INFORMATION: Regulated
Entities. Entities regulated by CSAPR
are fossil fuel-fired boilers and
Category
NAICS * code
Industry ..................................................................................................
221112
stationary combustion turbines that
serve generators producing electricity
for sale, including combined cycle units
and units operating as part of systems
that cogenerate electricity and other
useful energy output. Regulated
categories and entities include:
Examples of potentially regulated industries
Fossil fuel electric power generation.
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* North American Industry Classification System
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated. This table lists the types of
entities of which the EPA is now aware
that could potentially be regulated.
Other types of entities not listed in the
table could also be regulated. To
determine whether your facility is
regulated by CSAPR, you should
carefully examine the applicability
provisions in 40 CFR 97.404, 97.504,
97.604, and 97.704. If you have
questions regarding the applicability of
CSAPR to a particular entity, consult the
person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Judicial Review. Judicial review of
this rule is available only by filing a
petition for review in the D.C. Circuit on
or before February 2, 2015. Under
section 307(b)(1) of the Clean Air Act
(CAA), judicial review of EPA final
action under the CAA that is ‘‘nationally
applicable’’ or that the Administrator
determines is of ‘‘nationwide scope or
effect’’ is available only in the D.C.
Circuit. Because this rule amends
regulations that apply to sources in 28
states, it is ‘‘nationally applicable’’
within the meaning of section 307(b)(1).
For the same reason, the Administrator
determines that this rule is of
‘‘nationwide scope or effect’’ for
purposes of section 307(b)(1). CAA
section 307(b)(1) also provides that
filing a petition for reconsideration by
the Administrator of this rule does not
affect the finality of the rule for the
purposes of judicial review, does not
extend the time within which a petition
for judicial review may be filed, and
does not postpone the effectiveness of
the rule. Under CAA section 307(b)(2),
the requirements established by this
rule may not be challenged separately in
any civil or criminal proceedings
brought by the EPA to enforce these
requirements.
Outline. The following outline is
provided to aid in locating information
in this preamble.
I. Overview
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II. Specific Amendments to CSAPR Dates
A. Emissions Limitations and Assurance
Provisions
B. Monitoring System Certification and
Emissions Reporting
C. Allocation and Recordation of Emission
Allowances
D. Optional SIP Revisions
E. Sunsetting of CAIR
III. Legal Authority, Administrative
Procedures, and Findings of Good Cause
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Overview
The EPA issued the Cross-State Air
Pollution Rule (CSAPR) 1 in July 2011 to
address CAA requirements concerning
interstate transport of air pollution and
to replace the previous Clean Air
Interstate Rule (CAIR) which the D.C.
Circuit remanded to the EPA for
replacement.2 Following the original
rulemaking, CSAPR was amended by
three further rules known as the
Supplemental Rule,3 the First Revisions
1 Federal Implementation Plans; Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011).
2 See North Carolina v. EPA, 531 F.3d 896 (D.C.
Cir.), modified, 550 F.3d 1176 (D.C. Cir. 2008).
3 Federal Implementation Plans for Iowa,
Michigan, Missouri, Oklahoma, and Wisconsin and
Determination for Kansas Regarding Interstate
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Rule,4 and the Second Revisions Rule.5
As amended, CSAPR requires 28 states
to limit their state-wide emissions of
sulfur dioxide (SO2) and/or nitrogen
oxides (NOX) in order to reduce or
eliminate the states’ unlawful
contributions to fine particulate matter
and/or ground-level ozone pollution in
other states. The emissions limitations
are defined in terms of maximum statewide ‘‘budgets’’ for emissions of annual
SO2, annual NOX, and/or ozone-season
NOX by each state’s large electricity
generating units (EGUs). The emissions
budgets are implemented in two phases
of generally increasing stringency, with
the Phase 1 budgets originally
scheduled to apply to emissions in 2012
and 2013 and the Phase 2 budgets
originally scheduled to apply to
emissions in 2014 and later years.
As the mechanism for achieving
compliance with the emissions
limitations, CSAPR establishes federal
implementation plans (FIPs) that require
large EGUs in each affected state to
participate in one or more new
emissions trading programs that
supersede the existing CAIR emissions
trading programs. Interstate trading of
CSAPR’s emission allowances is
permitted, but the rule includes
‘‘assurance provisions’’ designed to
ensure that individual states’ emissions
in each Phase 2 compliance period do
not exceed the states’ respective
emissions budgets for that period by
more than specified ‘‘variability limits.’’
CSAPR allows states to elect to revise
their state implementation plans (SIPs)
to modify or replace the FIPs while
continuing to rely on the rule’s trading
programs for compliance with the
emissions limitations, and establishes
certain requirements and deadlines
Transport of Ozone, 76 FR 80760 (December 27,
2011).
4 Revisions to Federal Implementation Plans To
Reduce Interstate Transport of Fine Particulate
Matter and Ozone, 77 FR 10324 (February 21, 2012).
5 Revisions to Federal Implementation Plans To
Reduce Interstate Transport of Fine Particulate
Matter and Ozone, 77 FR 34830 (June 12, 2012).
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related to those optional SIP revisions.6
The rule also contains provisions that
sunset CAIR compliance requirements
on a schedule coordinated with the
implementation of CSAPR compliance
requirements.
Certain industry and state and local
government petitioners challenged
CSAPR in the D.C. Circuit and filed
motions seeking a stay of the rule
pending judicial review.7 On December
30, 2011, the Court granted a stay of the
rule, ordering the EPA to continue
administering CAIR on an interim
basis.8 In a subsequent decision on the
merits, the Court vacated CSAPR based
on a subset of petitioners’ claims, but on
April 29, 2014, the U.S. Supreme Court
reversed that decision and remanded
the case to the D.C. Circuit for further
proceedings.9 Throughout the initial
round of D.C. Circuit proceedings and
the ensuing Supreme Court proceedings,
the stay remained in place and the EPA
has continued to implement CAIR.
Following the Supreme Court decision,
in order to allow CSAPR to replace
CAIR in an equitable and orderly
manner while further D.C. Circuit
proceedings are held to resolve
petitioners’ remaining claims, the EPA
filed a motion asking the D.C. Circuit to
lift the stay and to toll by three years all
CSAPR compliance deadlines that had
not passed as of the date of the stay
6 CSAPR does not restrict states’ ability to adopt
SIP revisions to meet their emissions limitations
through mechanisms other than the rule’s trading
programs.
7 Separate challenges seeking judicial review of
the Supplemental Rule, the First Revisions Rule,
and the Second Revisions Rule are currently being
held in abeyance at the D.C. Circuit.
8 Order, Document #1350421, EME Homer City
Generation, L.P. v. EPA, No. 11–1302 (D.C. Cir.
issued Dec. 30, 2011). Although the Court did not
explicitly address the stay order’s effect on
requirements established by the Supplemental Rule,
the EPA issued a notice indicating that, because of
the close relationship between CSAPR as originally
promulgated and the Supplemental Rule, the
Agency would treat both rules in the same manner
and would not expect covered sources in the states
addressed by the Supplemental Rule to comply
with the Supplemental Rule’s requirements for the
duration of the stay. 77 FR 5710 (February 6, 2012).
As discussed below, now that the Court has lifted
the stay, the EPA expects covered sources in states
addressed by the Supplemental Rule to comply
with the Supplemental Rule’s requirements
consistent with the new compliance schedule
established by the Court’s order and this interim
final rule.
9 EPA v. EME Homer City Generation, L.P., 134 S.
Ct. 1584 (2014), reversing 696 F.3d 7 (D.C. Cir.
2012).
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order.10 On October 23, 2014, the Court
granted the EPA’s motion.11
This action makes ministerial
amendments to the dates in the CSAPR
regulatory text in 40 CFR parts 51, 52,
and 97 to clarify how the EPA will
implement the rule consistent with the
D.C. Circuit’s order lifting the stay and
tolling the rule’s deadlines. Generally,
this action tolls by three calendar years
dates and years in the regulatory text as
previously amended that had not passed
as of December 30, 2011, the date of the
stay order.12 The ministerial
amendments restore parties and the rule
to the status that would have existed but
for the stay albeit three years later,
preserve the rule’s internal consistency,
render moot questions as to whether the
Court’s order might not have tolled
some of the individual dates being
amended, and provide clarity to
stakeholders and the public, thereby
permitting orderly implementation of
the rule.
The most fundamental amendments
make clear that, consistent with the
Court’s order, compliance with CSAPR’s
Phase 1 emissions budgets is now
required in 2015 and 2016 (instead of
2012 and 2013) and compliance with
the rule’s Phase 2 emissions budgets
and assurance provisions is now
required in 2017 and beyond (instead of
2014 and beyond).13 Other amendments
toll specific deadlines for sources to
certify monitoring systems and to start
reporting emissions, for the EPA to
allocate and record emission
allowances, and for states to take
optional steps to modify or replace their
CSAPR FIPs through SIP revisions.
10 Respondents’ Motion to Lift the Stay Entered
on December 30, 2011, Document #1499505, EME
Homer City Generation, L.P. v. EPA, No. 11–1302
(D.C. Cir. filed June 26, 2014) [EPA Motion]; see
also Reply in Further Support of Motion to Lift
Stay, Document #1508914, EME Homer City
Generation, L.P. v. EPA, No. 11–1302 (D.C. Cir. filed
August 22, 2014) [EPA Reply]. Both documents are
available in the docket.
11 Order, Document #1518738, EME Homer City
Generation, L.P. v. EPA, No. 11–1302 (D.C. Cir.
issued Oct. 23, 2014).
12 As discussed in section II of this preamble, the
amendments also toll certain dates in the regulatory
text before December 30, 2011, that are used to
establish deadlines occurring after December 30,
2011.
13 The EPA is also administratively converting the
2012-vintage and 2013-vintage CSAPR emission
allowances previously recorded in tracking system
accounts into 2015-vintage and 2016-vintage
allowances, respectively. In light of the Court’s
order tolling compliance deadlines and the
applicable Phase 1 and Phase 2 emissions budget
periods, and given the need for the vintages of the
rule’s emission allowances to correctly reflect the
revised emissions budget periods, the EPA
considers this one-time conversion to be a
reasonable exercise of the Agency’s plenary
authority under 40 CFR 97.427, 97.527, 97.627, and
97.727 to correct errors in CSAPR tracking system
accounts.
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Dates are also tolled in the regulatory
provisions that sunset CAIR upon its
replacement by CSAPR, and a new
deadline is set for removal of CAIR NOX
allowances from allowance tracking
system accounts.14 The EPA’s authority
to issue these ministerial amendments is
not affected by the continuation of
proceedings at the D.C. Circuit to
resolve petitioners’ remaining claims
regarding CSAPR. No regulatory text is
amended other than dates and no
substantive changes to CSAPR are being
made. Section II of this notice provides
additional information about the
specific amendments.
As permitted under section 307(d)(1)
of the CAA where good cause exists,
these amendments to CSAPR’s dates are
being promulgated as a final rule
without prior notice or opportunity for
public comment, and the amendments
are effective immediately upon
publication of this notice in the Federal
Register. At the same time, the EPA is
also seeking comment on the content of
the amendments and the consistency of
the revisions with the Court’s order
granting the EPA’s motion to lift the stay
and toll CSAPR compliance deadlines
by three years. The EPA is not
reopening for comment any provisions
of CSAPR other than the dates and years
amended in this interim final rule. The
EPA will consider any comments
received and issue a final rule that
either confirms these revisions or makes
any further revisions that may be
needed for implementation on the
revised compliance schedule. Section III
of this notice provides additional
information on this rulemaking
procedure and on the EPA’s findings of
good cause to issue an immediately
effective final rule without prior notice
or opportunity for public comment.
II. Specific Amendments to CSAPR
Dates
This action amends dates appearing
in regulatory text in 40 CFR parts 51, 52,
and 97. Most of the amendments,
addressing virtually all aspects of
implementation of the CSAPR FIPs and
trading programs, toll dates in the
CSAPR trading program provisions in
subparts AAAAA, BBBBB, CCCCC, and
DDDDD of part 97 and in the additional
CSAPR FIP provisions in §§ 52.38 and
52.39. The other amendments,
14 The EPA removed CAIR annual NO and
X
ozone-season NOX allowances from tracking system
accounts before the stay, as required under the rule,
but then restored the allowances to the accounts
following the Court’s order to continue
implementing CAIR during the stay. CSAPR does
not call for removal of CAIR SO2 allowances, which
are the same SO2 allowances used in the Title IV
Acid Rain Program.
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addressing the sunsetting of CAIR
obligations and the CAIR trading
programs, toll or otherwise reset dates
in scattered sections of parts 51 and 52.
No regulatory text other than dates is
amended and no substantive changes to
CSAPR are being made. The remainder
of this section discusses the functions of
the various dates being changed and
identifies the specific CFRs being
amended.
The EPA interprets the Court’s order
lifting the stay as already tolling CSAPR
deadlines that had not passed as of the
date of the Court’s previous stay order,
with the consequence that the
corresponding regulatory text
amendments in this action do not alter
legal requirements or options but merely
amend regulatory text to accurately
reflect the timing of legal requirements
and options as revised by the Court.
With respect to the possibility that some
of the dates amended in this action
might not have been tolled by the
Court’s order, all of the date changes are
required to serve the purpose of the
rule—to address states’ interstate
transport obligations in an efficient and
equitable manner—and the purpose of
the Court’s order—to allow the rule to
be implemented in accordance with the
EPA’s motion. The rule’s various dates
are elements of a carefully integrated
design, and uncoordinated changes
could disrupt that design and lead to
inefficient and inequitable results.
Therefore, to the extent that any of the
date changes in this action may be
outside the scope of the tolling already
ordered by the Court, those changes are
nevertheless necessary to provide for
efficient, equitable, and orderly
implementation of the rule consistent
with the Court’s order. The necessity of
specific date changes is further
discussed below.
A. Emissions Limitations and Assurance
Provisions
The most fundamental amendments
in this action toll the years in which
compliance with CSAPR’s emissions
limitations and assurance provisions is
required, as well as the years in which
the rule’s Phase 1 and Phase 2 emissions
budgets, Phase 1 and Phase 2 ‘‘setasides,’’ 15 and Phase 2 variability limits
apply. The compliance period
definitions drive many of the rule’s
specific requirements, and the budget
applicability dates are key specifications
affecting the rule’s stringency. These
date changes were explicitly requested
and discussed in the EPA’s motion to
lift the stay and toll compliance
deadlines by three years.16 As explained
in the motion, tolling these deadlines by
three years returns the rule and parties
to the status quo that would have
existed but for the stay, provides parties
with sufficient time to prepare for
implementation, and avoids
unnecessary regulatory burden by
retaining a calendar-year schedule for
the rule’s annual trading programs. This
rule makes no substantive changes to
the emissions limitations or assurance
provisions other than the revision of the
deadlines.
The EPA also explained in the motion
that CSAPR would be implemented as
previously amended by the
Supplemental Rule, the First Revisions
Rule, and the Second Revisions Rule,
and that dates first established or
amended in those later rulemakings
would also be tolled.17 Tolling of these
dates is necessary to preserve CSAPR’s
internal consistency and to provide for
efficient and equitable implementation.
For example, the Supplemental Rule
established dates specifying the
applicable compliance periods for the
Phase 1 and Phase 2 ozone-season
emissions budgets, set-asides, and
variability limits that the Supplemental
Rule established for five states.18 If dates
first established by the Supplemental
Rule were not tolled, in 2015 and 2016
these five states would be subject to
Phase 2 emissions budgets while all
other states would be subject to Phase
1 emissions budgets, an inequitable
outcome. In another example, the First
Revisions Rule deferred applicability of
CSAPR’s assurance provisions from
Phase 1 to Phase 2 in order to encourage
greater trading activity during Phase 1
and thereby ensure a smooth transition
from CAIR.19 If dates amended by the
First Revisions Rule were not tolled
from their previously amended starting
points, the assurance provisions would
apply in 2015, contrary to the rationale
supporting their prior deferral until
Phase 2.
The date changes relating to the
compliance deadlines and applicable
periods for the rule’s emissions
limitations and assurance provisions are
reflected in amendments to the
following sections of 40 CFR:
• Sections 97.406(c)(3)(i),
97.506(c)(3)(i), 97.606(c)(3)(i), and
16 See,
e.g., EPA Motion at 1, 14–16, 18.
e.g., EPA Motion at 14, 16–17.
18 The five states with emissions limitations
established in the Supplemental Rule are Iowa,
Michigan, Missouri, Oklahoma, and Wisconsin.
19 See 77 FR 10324, 10330–32 (February 21,
2012).
17 See,
15 CSAPR sets aside portions of each state’s
emissions budgets for potential allocation to new
units in the state. For states with areas of Indian
country within their borders, the rule establishes
additional set-asides for new units in those areas.
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97.706(c)(3)(i) (applicable periods for
emissions limitations);
• Sections 97.406(c)(3)(ii),
97.506(c)(3)(ii), 97.606(c)(3)(ii), and
97.706(c)(3)(ii) (applicable periods for
assurance provisions);
• Sections 97.410(a), 97.510(a),
97.610(a), and 97.710(a) (applicable
periods for Phase 1 and Phase 2
emissions budgets and set-asides);
• Sections 97.410(b), 97.510(b),
97.610(b), and 97.710(b) (applicable
periods for Phase 2 variability limits);
and
• Sections 97.425(b)(1), 97.525(b)(1),
97.625(b)(1), and 97.725(b)(1) (assurance
provision administration deadlines).
B. Monitoring System Certification and
Emissions Reporting
Several amendments in this action
toll CSAPR dates that define deadlines
by which owners and operators of
affected units must meet monitoring
system certification requirements and
begin submitting quarterly emissions
reports. These date changes are
necessary to coordinate the timing of
these specific requirements with the
revised timing of the rule’s emissions
limitations and to avoid requiring
sources to engage in certification and
emissions reporting activities before
those activities serve a useful purpose.
The EPA’s motion indicated that the
deadlines for CSAPR’s monitoring and
reporting obligations would be tolled if
the Court granted the motion.20 This
rule makes no substantive changes to
the monitoring and reporting
requirements other than the revision of
the deadlines.
The amendments to the certification
and reporting deadlines toll several
dates in the regulatory text earlier than
December 30, 2011. The reason for
tolling these dates is that their function
in the rule is to define deadlines
originally scheduled to occur after
December 30, 2011. Specifically, the
original regulatory text provides that
units in operation for at least six months
before implementation of the rule’s first
emissions limitations—defined in the
existing regulatory text as ‘‘unit[s] that
commence[] commercial operation
before July 1, 2011’’—become subject to
reporting obligations for annual
emissions occurring as of January 1,
2012, and are required to complete
monitoring system certification by that
same date.21 In contrast, units in
20 See
EPA Motion at 14 and note 5.
e.g., 40 CFR 97.430(b)(1) and
97.434(d)(1)(i). The analogous compliance deadline
in the original regulatory text for requirements
related to ozone-season NOX emissions is May 1,
2012. See 40 CFR 97.530(b)(1) and 97.534(d)(1)(i)
and (2)(ii)(A).
21 See,
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operation for less than six months
before implementation of the rule’s first
emission limitations—defined in the
existing regulatory text as ‘‘unit[s] that
commence[] commercial operation on or
after July 1, 2011’’—are given
potentially later deadlines.22 Similarly,
because the reporting deadlines for the
newer units are defined in part by
reference to events that could have
occurred before implementation of the
rule’s first emissions limitations, in
order to avoid creation of reporting
deadlines before January 1, 2012, the
existing regulatory text contains
language providing that reporting
obligations do not apply with respect to
‘‘the third or fourth quarter of 2011.’’ 23
This action amends these 2011 dates,
changing them to 2014 dates consistent
with the change in initial
implementation of the rule’s emissions
limitations from 2012 to 2015 as ordered
by the Court. If these amendments were
not made, the regulatory text could
require some sources commencing
commercial operation on or after July 1,
2011, and before January 1, 2015, to
begin reporting under CSAPR prior to
2015, a result that would be
unnecessary, inefficient, inequitable,
and inconsistent with the Court’s order.
The date changes related to CSAPR’s
compliance deadlines for monitoring
system certification and the applicable
periods for emissions reporting are
reflected in amendments to the
following sections of 40 CFR:
• Sections 97.430(b)(1), 97.530(b)(1),
97.630(b)(1), and 97.730(b)(1)
(certification deadlines for units that
commence commercial operation at
least six months before the first
compliance period);
• Sections 97.430(b)(2), 97.530(b)(2)–
(3), 97.630(b)(2), and 97.730(b)(2)
(certification deadlines for newer units);
• Sections 97.434(d)(1)(i),
97.534(d)(1)(i) and (2)(ii)(A),
97.634(d)(1)(i), and 97.734(d)(1)(i)
(applicable periods for emissions
reporting by units that commence
commercial operation at least six
months before the first compliance
period); and
• Sections 97.434(d)(1)(ii),
97.534(d)(1)(ii) and (2)(ii)(B),
97.634(d)(1)(ii), and 97.734(d)(1)(ii)
(applicable periods for emissions
reporting by newer units).
C. Allocation and Recordation of
Emission Allowances
Some of the amendments in this
action toll dates defining CSAPR
22 See, e.g., 40 CFR 97.430(b)(2) and
97.434(d)(1)(ii).
23 See, e.g., 40 CFR 97.434(d)(1)(ii).
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deadlines by which the EPA must
allocate and record emission
allowances. The date changes are
necessary to coordinate these deadlines
with the rule’s compliance deadlines as
revised by the Court’s order and to
preserve states’ opportunities under the
rule to substitute their own preferred
allowance allocations for the EPA’s
default allocations. More specifically, to
facilitate allowance trading and
compliance planning activities, the
rule’s recordation deadlines require
recordation of most CSAPR allowances
up to four years in advance of the
respective compliance periods. The rule
also establishes default procedures by
which the EPA allocates allowance
quantities equal to each state’s
emissions budgets among the EGUs in
the state, but after the first compliance
year the rule permits states to replace
the EPA’s default allocations for most
units through SIP revisions, as
discussed below.24 States’ opportunities
to replace the default allocations extend
only to allowances that have not yet
been recorded. If the dates in the
regulatory text defining the recordation
deadlines were not tolled consistent
with the revised compliance deadlines
established by the Court’s order, the
unrevised recording deadlines could
unnecessarily prevent states from
controlling the allocations of allowances
for certain compliance periods because
the allowances would already have been
recorded. This rule makes no
substantive changes to the allowance
allocation and recordation provisions
other than the revision of the deadlines.
The EPA notes that the allocation date
amendments include tolling a particular
phrase from ‘‘after 2011’’ to ‘‘after
2014’’.25 The phrase concerns allowance
allocations to units that cease
operations, and the effect of the change
is that by default (i.e., unless the state
revises the allocations) a retiring unit
will continue to receive allocations of
allowances for five compliance periods
after the unit’s last year of operation,
which in the case of a unit retiring
between 2010 and 2014 would be the
rule’s first five compliance periods from
2015 through 2019. The phrase ‘‘after
2011’’ indicates a date after December
30, 2011, making this a deadline that
had not passed as of the date of the stay,
and the EPA’s reply regarding the
motion to lift the stay explicitly
24 States are not permitted to revise the
recordation provisions or the provisions governing
allocation of allowances from the Indian country
new unit set-asides.
25 See, e.g., 40 CFR 97.411(a)(2).
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confirmed the intention to toll these
specific dates.26
The EPA also notes that some of the
recordation deadlines being amended
were initially established in the
Supplemental Rule. These deadlines
apply to the recordation of allowances
for CSAPR’s first two compliance
periods and affect only the ozone-season
allowances for the five states covered by
the Supplemental Rule.27 If the
recordation deadlines established in the
Supplemental Rule were not tolled—
specifically, the March 26, 2012,
recordation deadline for allowances for
the rule’s second compliance year—
while the analogous deadlines
established for other states in the
original CSAPR rulemaking were tolled,
these five states alone would lack the
opportunity to revise allowance
allocations for the rule’s second
compliance period, an inappropriate,
unnecessary, and inequitable result.
The date changes related to
administrative deadlines and applicable
periods for allocation and recordation of
allowances are reflected in amendments
to the following sections of 40 CFR:
• Sections 97.411(a)(1), 97.511(a)(1),
97.611(a)(1), and 97.711(a)(1)
(applicable periods for default
allowance allocations to existing units);
• Sections 97.411(a)(2), 97.511(a)(2),
97.611(a)(2), and 97.711(a)(2)
(applicable periods for default
allowance allocations to retired units);
• Sections 97.411(b)(1), 97.511(b)(1),
97.611(b)(1), and 97.711(b)(1)
(administrative deadlines for default
allowance allocations from new unit setasides);
• Sections 97.411(b)(2), 97.511(b)(2),
97.611(b)(2), and 97.711(b)(2)
(administrative deadlines for allowance
allocations from Indian country new
unit set-asides);
• Sections 97.411(c)(1), 97.511(c)(1),
97.611(c)(1), and 97.711(c)(1)
(applicable periods for correction of
incorrect allowance allocations);
• Sections 97.412(a), 97.512(a),
97.612(a), and 97.712(a) (applicable
periods for default allowance
allocations from new unit set-asides);
• Sections 97.412(b), 97.512(b),
97.612(b), and 97.712(b) (applicable
periods for allocations from Indian
country new unit set-asides);
• Sections 97.421(a)–(f), 97.521(a)–(f),
97.621(a)–(f), and 97.721(a)–(f)
(administrative deadlines and
applicable periods for allowance
recordation for existing units); and
• Sections 97.421(g)–(i), 97.521(g)–(i),
97.621(g)–(i), and 97.721(g)–(i)
26 See EPA Reply, attached Supplemental
Declaration of Reid Harvey, ¶7.
27 See 40 CFR 97.521(a)–(b).
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(administrative deadlines and
applicable periods for allowance
recordation from new unit set-asides
and Indian country new-unit set-asides).
D. Optional SIP Revisions
Some of the amendments in this
action toll deadlines for filings by states
that elect to submit SIP revisions to
modify or replace the CSAPR FIPs in
order to replace the default allowance
allocations. The rule sets deadlines for
submission of these SIP revisions (and
for associated notifications) that are
coordinated with the rule’s deadlines
for allowance recordation. Tolling of
these dates is necessary to preserve this
coordination and to restore to states the
same SIP revision opportunities that
would have existed if the rule had not
been stayed. The EPA’s reply regarding
the motion to lift the stay explained in
detail the intention for these deadlines
to be tolled if the Court granted the
motion.28 This rule makes no
substantive changes to the provisions
providing optional SIP revisions other
than the revision of the deadlines.
As indicated in the EPA’s reply, only
the SIP revision and notification
deadlines that had not passed as of the
date of the stay would be tolled. This
restriction applies to a CSAPR deadline
of October 17, 2011—which is not being
tolled—for states to notify the EPA of
their intent to submit SIP revisions
modifying allowance allocations for the
rule’s second compliance period (except
with respect to obligations established
in the Supplemental Rule). For the
twelve states that notified the EPA by
that deadline of their intent to submit
SIP revisions modifying allowance
allocations for the second compliance
year, the deadline for submission of
those SIP revisions is being tolled from
April 1, 2012, to April 1, 2015.29 The
states that did not provide notification
prior to the October 17, 2011, deadline
will not have an opportunity to modify
allowance allocations for that
compliance year. Pursuant to a
November 7, 2011, deadline in the
rule—which is also not being tolled—
the EPA duly recorded allowances for
those states using the EPA’s default
allocations, and removal of those
allowances from tracking system
accounts to provide states with a new
reallocation opportunity would be
inequitable because allowance trades
affecting these allowances have already
taken place. Separate deadlines
28 See EPA Reply, attached Supplemental
Declaration of Reid Harvey, ¶¶8–11.
29 The twelve states are Alabama, Florida, Kansas,
Louisiana, Maryland, Mississippi, Missouri,
Nebraska, New York, Ohio, Pennsylvania, and
South Carolina.
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applicable to all states relating to
optional SIP revisions to revise
allowance allocations for later
compliance periods are being tolled.30
The EPA notes that some of the SIP
revision-related deadlines being
amended were initially established in
the Supplemental Rule. These deadlines
apply to SIP revisions replacing default
allowance allocations for CSAPR’s
second compliance period but affect
only the ozone-season allowances for
the five states covered by the
Supplemental Rule.31 Specifically, the
regulatory text as currently amended
provides that these states must notify
the EPA by March 6, 2012, of their
intent to modify allowance allocations
for the rule’s second compliance year
and must submit the corresponding SIP
revisions by October 1, 2012. If these
deadlines established in the
Supplemental Rule were not tolled,
while the April 1, 2012, deadline
described above for other states was
tolled, these five states alone would lack
the opportunity to revise allowance
allocations for the rule’s second
compliance period, an inappropriate,
unnecessary, and inequitable result.
The date changes related to
notification and SIP revision filing
deadlines for states’ that elect to modify
or replace the FIPs are reflected in
amendments to the following sections of
40 CFR:
• Sections 52.38(a)(3) and (b)(3), and
52.39(d) and (g) (SIP revisions to modify
the FIP default allowance allocations for
the second compliance year);
• Sections 52.38(a)(4) and (b)(4), and
52.39(e) and (h) (SIP revisions to modify
the FIP default allowance allocations for
the third compliance year and beyond);
• Sections 52.38(a)(5) and (b)(5), and
52.39(f) and (i) (SIP revisions to replace
the FIPs for the third compliance year
and beyond); and
• Sections 97.421(b), 97.521(b),
97.621(b), and 97.721(b) (interaction of
SIP revision-related filing deadlines and
allowance recordation deadlines for the
second compliance year).
E. Sunsetting of CAIR
The remaining amendments in this
action toll or reset deadlines associated
with the sunsetting of CAIR. In 2008,
the DC Circuit remanded CAIR to the
EPA for replacement.32 Since that
30 For example, the deadline to submit SIP
revisions addressing allowance allocations for
CSAPR’s third and fourth compliance periods as
revised by the Court’s order (i.e., 2017 and 2018)
is being tolled from December 1, 2012, to December
1, 2015.
31 See 40 CFR 52.38(b)(3)(v).
32 North Carolina v. EPA, 550 F.3d 1176, 1178
(DC Cir. 2008).
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remand, the EPA has continued to
implement CAIR in accordance with
that and subsequent Court orders, first
while CSAPR was developed and in the
period leading up to its planned 2012
implementation, and then while CSAPR
was stayed. When CSAPR is
implemented in 2015, CAIR will sunset
in compliance with the terms of the
2008 remand. The amendments in this
action toll the dates in the existing
regulatory text reflecting the originally
planned 2012 sunset, replacing them
with dates reflecting the 2015 sunset
consistent with the Court’s order lifting
the stay of CSAPR.
Several additional CAIR-related
amendments reset deadlines for removal
of CAIR NOX allowances from tracking
system accounts. To prevent possible
confusion over how many allowances
are available for CSAPR compliance
after CSAPR supersedes CAIR, CSAPR
as originally issued provided for post2011-vintage CAIR NOX allowances to
be removed from tracking system
accounts on November 7, 2011 (before
the stay). The EPA removed the
allowances by that deadline but then
restored the allowances to the accounts
in order to allow CAIR to continue to be
implemented consistent with the
Court’s stay order. This action sets a
new deadline of March 3, 2015 for
removal of post-2014-vintage CAIR NOX
allowances, serving the original purpose
of avoiding confusion over the number
of allowances available for CSAPR
compliance. The date changes related to
the sunsetting of CAIR and removal of
CAIR NOX allowances from tracking
system accounts are reflected in
amendments to the following sections of
40 CFR:
• Section 51.121(r)(2) (NOX SIP Call
obligations);
• Sections 51.123(ff) and 51.124(s)
(CAIR obligations);
• Sections 52.35(f) and 52.36(e) (CAIR
FIPs);
• Sections 52.440(c) and 52.441(b)
(Delaware);
• Sections 52.484(c) and 52.485(b)
(District of Columbia);
• Section 52.984(c) (Louisiana);
• Sections 52.1186(c) and 52.1187(b)
(Michigan);
• Sections 52.1584(c) and 52.1585(b)
(New Jersey);
• Sections 52.2240(c) and 52.2241(b)
(Tennessee);
• Sections 52.2283(b) and 52.2284(b)
(Texas); and
• Sections 52.2587(c) and 52.2588(b)
(Wisconsin).
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III. Legal Authority, Administrative
Procedures, and Findings of Good
Cause
The EPA’s authority to issue the
amendments in this action is provided
by CAA sections 110 and 301 (42 U.S.C.
7410 and 7601).
The EPA is taking this action as a
final rule without prior notice or
opportunity for public comment
because the EPA finds that the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) good cause
exemption applies here. In general, the
APA requires that general notice of
proposed rulemaking shall be published
in the Federal Register. Such notice
must provide an opportunity for public
participation in the rulemaking process.
However, the APA does provide an
avenue for an agency to directly issue a
final rulemaking in certain specific
instances. This may occur, in particular,
when an agency for good cause finds
(and incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest. See 5
U.S.C. 553(b)(B).
While CAA section 307(d)(1)(B) also
provides that, in general, actions to
revise FIPs under CAA section 110(c)
are subject to the procedural
requirements set forth in section 307(d),
including publication of a notice of
proposed rulemaking in the Federal
Register and provision of an
opportunity for public comment, section
307(d)(1) also provides that section
307(d) does not apply in the case of any
rule or circumstance referred to in APA
section 553(b)(B). The EPA finds for
good cause under APA section 553(b)(B)
that provision of such notice and
opportunity for comment in this case is
impracticable or unnecessary.
The EPA finds that providing notice
and an opportunity for comment before
promulgation of the amendments in this
final action is impracticable or
unnecessary for the following reasons.33
First, to the extent that this action
amends dates in the regulatory text that
have already been tolled by the Court’s
order, providing notice and an
opportunity for comment is unnecessary
because the revisions are merely a
ministerial act intended to implement
the Court’s order and it would generally
serve no useful purpose to provide an
opportunity for public comment or a
public hearing on this issue, particularly
in the very short timeframe in which the
EPA is required to begin implementing
CSAPR consistent with the Court’s
order. The EPA interprets the DC
Circuit’s order as having already reset
all legal deadlines under CSAPR, as
amended, that had not passed as of
December 30, 2011, the date of the
stay.34 The EPA’s action to amend the
regulatory text consistent with the effect
of the Court’s order merely makes the
regulatory text consistent with the
actual legal requirements as revised by
the Court. Such consistency promotes
regulatory clarity prior to the revised
compliance dates, including the January
1, 2015, start date for compliance with
the rule’s emissions limitations.
Delaying clarification of the regulatory
text in order to allow time to conduct
notice-and-comment procedures would
result in regulatory text that does not
accurately reflect the legally effective
compliance dates until a rulemaking
could be completed. Because
completion of a rulemaking with noticeand-comment procedures would not
occur until after the start of the first
compliance period, the delay in
clarification of the regulatory text would
create confusion that could disrupt
orderly implementation of the rule,
contrary to the purpose of the Court’s
order and the public interest.
Second, to the extent that this action
may amend any CSAPR dates that have
not already been tolled by the Court’s
order, providing notice and an
opportunity for public comment is
impracticable because the ten-week
interval between the Court’s order and
the January 1, 2015, start of compliance
is insufficient time for completion of
notice-and-comment rulemaking. As
discussed in section II of this preamble,
several of this action’s amendments
change dates that were initially
established or amended in the
Supplemental Rule or the First
Revisions Rule, and these dates must be
tolled in the current action for
consistency with other tolled dates in
order to allow equitable and orderly
implementation of CSAPR as already
amended by these other rules.
Some petitioners responding to the
EPA’s motion suggested that the Court
may lack the power to toll dates in
CSAPR’s current regulatory text that
33 The EPA’s finding that providing notice and an
opportunity for comment before promulgation of
the regulatory text amendments in this final action
is impracticable, unnecessary, or contrary to the
public interest also applies for purposes of section
808(2) of the Congressional Review Act, 5 U.S.C.
808(2), as referenced in section IV.K of this
preamble.
34 The EPA’s motion was clear that the requested
relief encompassed tolling of not only the ‘‘key
compliance deadlines’’ concerning applicability of
CSAPR’s emissions budgets and assurance
provisions but also the ‘‘additional deadlines
applicable to the EPA, the states, and utilities for
reporting and other generally ministerial actions.’’
See EPA Motion at 14 and note 5.
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were not established in the original
CSAPR rulemaking under review by the
Court (e.g., dates finalized in the
Supplemental and Revisions Rules). If
correct, this position would mean that,
in this action, with respect to these
particular dates, the EPA not only
would be altering the appearance of the
dates in the regulatory text but also
would be amending the effective legal
dates themselves. The EPA disagrees
with petitioners’ narrow view of the
Court’s equitable powers, but finds that,
if this action is indeed amending the
effective legal dates, good cause exists to
make the amendments without prior
notice or opportunity for comment
because the changes are necessary for
orderly implementation of the rule
consistent with the Court’s order, and it
is impracticable to provide notice and
an opportunity for comment prior to the
start of implementation. In a similar
vein, as also discussed in section II
above, the EPA notes that several of this
action’s amendments toll dates in the
regulatory text before December 30,
2011. The EPA interprets the Court’s
order as tolling these dates because, as
explained in section II, their function in
the rule is to establish deadlines after
December 30, 2011. However, in these
instances as well, if this action is indeed
amending the effective legal dates, the
EPA finds that good cause exists to
make the amendments without prior
notice or opportunity for comment for
the same reasons just stated.
As permitted by APA section 553(d)
upon a finding of good cause, the EPA
is also making this action tolling the
dates in the CSAPR regulatory text
effective immediately upon publication
in the Federal Register. The EPA finds
good cause to make this action
immediately effective for the following
reasons. The Court’s order lifting the
stay of CSAPR and tolling the rule’s
deadlines allows implementation of the
rule’s emission limitations to begin on
January 1, 2015. Promptly commencing
implementation on January 1, 2015, is
in the public interest because the rule
will help states meet their interstate
transport obligations under the CAA
and protect air quality for millions of
Americans. Finally, immediately
amending the dates in the CSAPR
regulatory text—i.e., before the January
1, 2015, start of implementation—in
order to clarify and make internally
consistent the timing of the rule’s
requirements and elections will promote
orderly implementation consistent with
the Court’s order.
As just described, the EPA finds good
cause to take this final action without
prior notice or opportunity for public
comment and to make this action
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effective immediately upon publication
in the Federal Register. However, the
EPA is also implementing this action on
an interim basis only and is providing
notice and an opportunity for comment
on the content of the amendments. In
particular, the EPA requests comment
on whether, in order to be consistent
with the Court’s order tolling CSAPR
deadlines by three years, the provisions
of this interim rule should become
permanent or, alternatively, whether
any date or year in the regulatory text
amended by the interim final rule
should either be restored to the date or
year as it appeared in the regulatory text
prior to promulgation of the interim
final rule or should be changed to a date
or year different from the date or year
set in the interim final rule. The EPA is
not reopening for comment any
provisions of CSAPR other than the
dates and years amended in the interim
final rule for consistency with the
Court’s order tolling CSAPR deadlines
by three years. Issuance of this interim
final rule, while also requesting
comment, enables CSAPR to be
implemented in an orderly manner
beginning January 1, 2015, consistent
with the Court’s order and also provides
public notice and an opportunity for
comment as to whether these revisions
should be made permanent or whether
further amendments to the regulatory
text may be necessary to comply with
the Court’s order. The EPA anticipates
issuing a final rule confirming these
revisions or making any further
amendments to the CSAPR regulatory
text that may be necessary following
consideration of any comments
received.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
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A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden under the
Paperwork Reduction Act. OMB has
previously approved the information
collection activities contained in the
existing regulations and has assigned
OMB control number 2060–0667. This
action simply tolls the deadlines of
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CSAPR by three years, including the
deadlines for the rule’s information
collection requirements, consistent with
the order of the DC Circuit lifting the
previous stay of the rule.
C. Regulatory Flexibility Act
This action is not subject to the
Regulatory Flexibility Act (RFA). The
RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. This rule is not
subject to notice and comment
requirements because the Agency has
invoked the APA ‘‘good cause’’
exemption under 5 U.S.C. 553(b), as
discussed in section III of this preamble.
D. Unfunded Mandates Reform Act
This action does not contain any
unfunded mandate as described in the
Unfunded Mandates Reform Act, 2
U.S.C. 1531–1538, and does not
significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local, or
tribal governments or the private sector.
This action simply tolls the deadlines of
CSAPR by three years consistent with
the order of the DC Circuit lifting the
previous stay of the rule.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. This action
simply tolls the deadlines of CSAPR by
three years consistent with the order of
the DC Circuit lifting the previous stay
of the rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action simply tolls
the deadlines of CSAPR by three years,
consistent with the order of the DC
Circuit lifting the previous stay of the
rule. Thus, Executive Order 13175 does
not apply to this action. Consistent with
the EPA Policy on Consultation and
Coordination with Indian Tribes, the
EPA consulted with tribal officials
while developing CSAPR. A summary of
that consultation is provided in the
preamble for CSAPR, 76 FR 48208,
48346 (August 8, 2011).
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it simply tolls the deadlines of
the CSAPR FIPs implementing
previously promulgated health or safetybased federal standards, consistent with
the order of the DC Circuit lifting the
previous stay of the rule.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. This action simply tolls the
deadlines of CSAPR by three years,
consistent with the order of the DC
Circuit lifting the previous stay of the
rule. Consistent with Executive Order
12898 and the EPA’s environmental
justice policies, the EPA considered
effects on low-income, minority, and
indigenous populations while
developing CSAPR. The process and
results of that consideration are
described in the preamble for CSAPR,
76 FR 48208, 48347–52 (August 8,
2011).
K. Congressional Review Act
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
E:\FR\FM\03DER1.SGM
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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in section III of this
preamble, including the basis for that
finding.
List of Subjects
40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
a. Section 51.123(ff)(1) introductory
text; and
■ b. Section 51.124(s)(1) introductory
text;
■
§ 51.123
[Amended]
4. Section 51.123 is amended in
paragraphs (ff)(3) and (4) by removing
‘‘November 7, 2011’’ and adding in its
place March 3, 2015’’.
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
5. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
40 CFR Part 52
71671
i. Section 52.1187(b)(1) introductory
text;
■ j. Section 52.1584(c)(1) introductory
text;
■ k. Section 52.1585(b)(1) introductory
text;
■ l. Section 52.2240(c)(1) introductory
text;
■ m. Section 52.2241(b)(1) introductory
text;
■ n. Section 52.2283(b)(1) introductory
text;
■ o. Section 52.2284(b)(1) introductory
text;
■ p. Section 52.2587(c)(1) introductory
text; and
■ q. Section 52.2588(b)(1) introductory
text.
■
§§ 52.35, 52.36, 52.440, 52.441, 52.484,
52.485, 52.984, 52.1186, 52.1187, 52.1584,
52.1585, 52.2240, 52.2241, 52.2283, 52.2284,
52.2587, and 52.2588 [Amended]
§§ 52.35, 52.440, 52.484, 52.984, 52.1186,
52.1584, 52.2240, 52.2283, and 52.2587
[Amended]
■
For the reasons stated in the
preamble, parts 51, 52, and 97 of
chapter I of title 40 of the Code of
Federal Regulations are amended as
follows:
6. Part 52 is amended by removing
‘‘2012’’ and adding in its place ‘‘2015’’
in the following places:
■ a. Section 52.35(f)(2) through (4);
■ b. Section 52.36(e)(2);
■ c. Section 52.440(c)(2) through (4);
■ d. Section 52.441(b)(2);
■ e. Section 52.484(c)(2) through (4);
■ f. Section 52.485(b)(2);
■ g. Section 52.984(c)(2) through (4);
■ h. Section 52.1186(c)(2) through (4);
■ i. Section 52.1187(b)(2);
■ j. Section 52.1584(c)(2) through (4);
■ k. Section 52.1585(b)(2);
■ l. Section 52.2240(c)(2) through (4);
■ m. Section 52.2241(b)(2);
■ n. Section 52.2283(b)(2) and (3);
■ o. Section 52.2284(b)(2);
■ p. Section 52.2587(c)(2) through (4);
and
■ q. Section 52.2588(b)(2).
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
§§ 52.35, 52.36, 52.440, 52.441, 52.484,
52.485, 52.984, 52.1186, 52.1187, 52.1584,
52.1585, 52.2240, 52.2241, 52.2283, 52.2284,
52.2587, and 52.2588 [Amended]
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 97
Environmental protection,
Administrative practice and procedure,
Air pollution control, Electric power
plants, Nitrogen oxides, Reporting and
recordkeeping requirements, Sulfur
dioxide.
Dated: November 21, 2014.
Gina McCarthy,
Administrator.
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
[Amended]
2. Part 51 is amended by removing
‘‘2012’’ and adding in its place ‘‘2015’’
in the following places:
■ a. Section 51.121(r)(2);
■ b. Section 51.123(ff)(2) through (4);
and
■ c. Section 51.124(s)(2).
tkelley on DSK3SPTVN1PROD with RULES
■
§§ 51.123 and 51.124
[Amended]
3. Part 51 is further amended by
removing ‘‘December 31, 2011’’ and
adding in its place ‘‘December 31, 2014’’
in the following places:
■
VerDate Sep<11>2014
16:13 Dec 02, 2014
Jkt 235001
7. Part 52 is further amended by
removing ‘‘December 31, 2011’’ and
adding in its place ‘‘December 31, 2014’’
in the following places:
■ a. Section 52.35(f)(1) introductory
text;
■ b. Section 52.36(e)(1) introductory
text;
■ c. Section 52.440(c)(1) introductory
text;
■ d. Section 52.441(b)(1) introductory
text;
■ e. Section 52.484(c)(1) introductory
text;
■ f. Section 52.485(b)(1) introductory
text;
■ g. Section 52.984(c)(1) introductory
text;
■ h. Section 52.1186(c)(1) introductory
text;
■
1. The authority citation for part 51
continues to read as follows:
■
§§ 51.121, 51.123, and 51.124
■
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8. Part 52 is further amended by
removing ‘‘November 7, 2011’’ and
adding in its place March 3, 2015’’ in
the following places:
■ a. Section 52.35(f)(3) and (4);
■ b. Section 52.440(c)(3) and (4);
■ c. Section 52.484(c)(3) and (4);
■ d. Section 52.984(c)(3) and (4);
■ e. Section 52.1186(c)(3) and (4);
■ f. Section 52.1584(c)(3) and (4);
■ g. Section 52.2240(c)(3) and (4);
■ h. Section 52.2283(b)(3); and
■ i. Section 52.2587(c)(3) and (4).
§§ 52.38 and 52.39
[Amended]
9. Sections 52.38 and 52.39 are
amended as follows:
■ a. By removing ‘‘2020’’ wherever it
appears and adding in its place ‘‘2023’’;
■ b. By removing ‘‘2019’’ wherever it
appears and adding in its place ‘‘2022’’;
■ c. By removing ‘‘2018’’ wherever it
appears and adding in its place ‘‘2021’’;
■ d. By removing ‘‘2017’’ wherever it
appears and adding in its place ‘‘2020’’;
■ e. By removing ‘‘2016’’ wherever it
appears and adding in its place ‘‘2019’’;
■ f. By removing ‘‘2015’’ wherever it
appears and adding in its place ‘‘2018’’;
■ g. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
■ h. By removing ‘‘2013’’ wherever it
appears and adding in its place ‘‘2016’’;
and
■ i. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
PART 97—FEDERAL NOX BUDGET
TRADING PROGRAM AND CAIR NOX
AND SO2 TRADING PROGRAMS
10. The authority citation for part 97
continues to read as follows:
■
Authority: 42 U.S.C. 7401, 7403, 7410,
7426, 7601, and 7651, et seq.
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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations
§§ 97.406, 97.506, 97.606, and 97.706
[Amended]
§§ 97.430, 97.530, 97.630, and 97.730
[Amended]
11. Sections 97.406, 97.506, 97.606,
and 97.706 are amended as follows:
■ a. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
and
■ b. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
■
§§ 97.410, 97.510, 97.610, and 97.710
[Amended]
12. Sections 97.410, 97.510, 97.610,
and 97.710 are amended as follows:
■ a. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
■ b. By removing ‘‘2013’’ wherever it
appears and adding in its place ‘‘2016’’;
and
■ c. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
§§ 97.411, 97.511, 97.611, and 97.711
[Amended]
13. Sections 97.411, 97.511, 97.611,
and 97.711 are amended as follows:
■ a. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’;
and
■ b. By removing ‘‘after 2011’’ wherever
it appears and adding in its place ‘‘after
2014’’.
■
14. Sections 97.412, 97.512, 97.612,
and 97.712 are amended by removing
‘‘2012’’ wherever it appears and adding
in its place ‘‘2015’’.
■
§§ 97.421, 97.521, 97.621, and 97.721
[Amended]
tkelley on DSK3SPTVN1PROD with RULES
§§ 97.425, 97.525, 97.625, and 97.725
[Amended]
16. Sections 97.425, 97.525, 97.625,
and 97.725 are amended by removing
‘‘2015’’ wherever it appears and adding
in its place ‘‘2018’’.
17:13 Dec 02, 2014
Jkt 235001
18. Sections 97.434, 97.534, 97.634,
and 97.734 are amended as follows:
■ a. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’;
■ b. By removing ‘‘the third or fourth
quarter of 2011’’ wherever it appears
and adding in its place ‘‘the third or
fourth quarter of 2014’’; and
■ c. By removing ‘‘July 1, 2011’’
wherever it appears and adding in its
place ‘‘July 1, 2014’’.
■
[FR Doc. 2014–28286 Filed 12–2–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of Air
Quality Implementation Plans; Indiana
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
September 17, 2014, to revise the
Indiana state implementation plan (SIP).
The submission revises the Indiana
Administrative Code (IAC) definition of
‘‘References to the Code of Federal
Regulations,’’ from the 2011 edition to
the 2013 edition. There is also a revised
definition of ‘‘Board.’’
DATES: This rule is effective on February
2, 2015, unless EPA receives adverse
comments by January 2, 2015. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0747 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
SUMMARY:
15. Sections 97.421, 97.521, 97.621,
and 97.721 are amended as follows:
■ a. By removing ‘‘2019’’ wherever it
appears and adding in its place ‘‘2022’’;
■ b. By removing ‘‘2018’’ wherever it
appears and adding in its place ‘‘2021’’;
■ c. By removing ‘‘2017’’ wherever it
appears and adding in its place ‘‘2020’’;
■ d. By removing ‘‘2016’’ wherever it
appears and adding in its place ‘‘2019’’;
■ e. By removing ‘‘2015’’ wherever it
appears and adding in its place ‘‘2018’’;
■ f. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
■ g. By removing ‘‘2013’’ wherever it
appears and adding in its place ‘‘2016’’;
and
■ h. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
VerDate Sep<11>2014
§§ 97.434, 97.534, 97.634, and 97.734
[Amended]
[EPA–R05–OAR–2014–0747; FRL–9919–83–
Region 5]
§§ 97.412, 97.512, 97.612, and 97.712
[Amended]
■
17. Sections 97.430, 97.530, 97.630,
and 97.730 are amended as follows:
■ a. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’;
and
■ b. By removing ‘‘July 1, 2011’’
wherever it appears and adding in its
place ‘‘July 1, 2014’’.
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2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2014–
0747. 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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
E:\FR\FM\03DER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71663-71672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28286]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, and 97
[EPA-HQ-OAR-2009-0491; FRL-9919-71-OAR]
RIN 2060-AS40
Rulemaking To Amend Dates in Federal Implementation Plans
Addressing Interstate Transport of Ozone and Fine Particulate Matter
AGENCY: Environmental Protection Agency.
ACTION: Interim final rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is amending the Code
of Federal Regulations (CFR) to correctly reflect the compliance
deadlines for the Cross-State Air Pollution Rule (CSAPR) as revised by
the effect of the action of the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit or Court) granting the EPA's
motion to lift the previous stay of CSAPR and delay (toll) its
deadlines by three years. With these ministerial amendments, the CFR
text will correctly indicate that CSAPR's Phase 1 emissions budgets
apply in 2015 and 2016 and that CSAPR's Phase 2 emissions budgets and
assurance provisions apply in 2017 and beyond. The ministerial
amendments similarly correct dates in the CFR text related to specific
activities required or permitted under CSAPR by regulated sources, the
EPA, and states, as well as dates related to the sunsetting of the
Clean Air Interstate Rule (CAIR) upon its replacement by CSAPR. The
amendments are necessary to clarify the timing of requirements and
elections under CSAPR as shown in the CFR text so that compliance can
begin in an orderly manner on January 1, 2015, consistent with the
Court's order. The EPA is also taking comment on the amendments being
made in this interim final rule and will consider whether to retain
these revisions as promulgated or whether further revisions are
necessary to make the CSAPR compliance deadlines consistent with the
Court's order.
DATES: This final rule is effective on December 3, 2014. The EPA will
consider comments on this interim final rule received on or before
February 2, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0491, by one of the following methods:
www.regulations.gov: Follow the online instructions for
submitting comments.
Email: a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: EPA Docket Center, Air and Radiation Docket, Mail
Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attn:
Docket ID No. EPA-HQ-OAR-2009-0491.
Hand delivery: EPA Docket Center, William Jefferson
Clinton Building West, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004, Attn: Docket ID No. EPA-HQ-OAR-2009-0491. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0491. The 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 information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the 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 the 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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.
Docket: The EPA is including this action in Docket ID No. EPA-HQ-
OAR-2009-0491, which is also the docket for the original CSAPR
rulemaking and other related rulemakings. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 through www.regulations.gov or in hard
copy at the Air and Radiation Docket, William Jefferson Clinton
Building West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for
[[Page 71664]]
the Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Beth A. Murray, Clean Air Markets
Division, Office of Atmospheric Programs, U.S. Environmental Protection
Agency, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460;
telephone number: (202) 343-9115; email address: murray.beth@epa.gov.
Electronic copies of this document can be accessed through the EPA Web
site at: https://www.epa.gov/airmarkets.
SUPPLEMENTARY INFORMATION: Regulated Entities. Entities regulated by
CSAPR are fossil fuel-fired boilers and stationary combustion turbines
that serve generators producing electricity for sale, including
combined cycle units and units operating as part of systems that
cogenerate electricity and other useful energy output. Regulated
categories and entities include:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category NAICS * code Examples of potentially regulated industries
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry........................................ 221112 Fossil fuel electric power generation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* North American Industry Classification System
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated. This table
lists the types of entities of which the EPA is now aware that could
potentially be regulated. Other types of entities not listed in the
table could also be regulated. To determine whether your facility is
regulated by CSAPR, you should carefully examine the applicability
provisions in 40 CFR 97.404, 97.504, 97.604, and 97.704. If you have
questions regarding the applicability of CSAPR to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Judicial Review. Judicial review of this rule is available only by
filing a petition for review in the D.C. Circuit on or before February
2, 2015. Under section 307(b)(1) of the Clean Air Act (CAA), judicial
review of EPA final action under the CAA that is ``nationally
applicable'' or that the Administrator determines is of ``nationwide
scope or effect'' is available only in the D.C. Circuit. Because this
rule amends regulations that apply to sources in 28 states, it is
``nationally applicable'' within the meaning of section 307(b)(1). For
the same reason, the Administrator determines that this rule is of
``nationwide scope or effect'' for purposes of section 307(b)(1). CAA
section 307(b)(1) also provides that filing a petition for
reconsideration by the Administrator of this rule does not affect the
finality of the rule for the purposes of judicial review, does not
extend the time within which a petition for judicial review may be
filed, and does not postpone the effectiveness of the rule. Under CAA
section 307(b)(2), the requirements established by this rule may not be
challenged separately in any civil or criminal proceedings brought by
the EPA to enforce these requirements.
Outline. The following outline is provided to aid in locating
information in this preamble.
I. Overview
II. Specific Amendments to CSAPR Dates
A. Emissions Limitations and Assurance Provisions
B. Monitoring System Certification and Emissions Reporting
C. Allocation and Recordation of Emission Allowances
D. Optional SIP Revisions
E. Sunsetting of CAIR
III. Legal Authority, Administrative Procedures, and Findings of
Good Cause
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Overview
The EPA issued the Cross-State Air Pollution Rule (CSAPR) \1\ in
July 2011 to address CAA requirements concerning interstate transport
of air pollution and to replace the previous Clean Air Interstate Rule
(CAIR) which the D.C. Circuit remanded to the EPA for replacement.\2\
Following the original rulemaking, CSAPR was amended by three further
rules known as the Supplemental Rule,\3\ the First Revisions Rule,\4\
and the Second Revisions Rule.\5\ As amended, CSAPR requires 28 states
to limit their state-wide emissions of sulfur dioxide (SO2)
and/or nitrogen oxides (NOX) in order to reduce or eliminate
the states' unlawful contributions to fine particulate matter and/or
ground-level ozone pollution in other states. The emissions limitations
are defined in terms of maximum state-wide ``budgets'' for emissions of
annual SO2, annual NOX, and/or ozone-season
NOX by each state's large electricity generating units
(EGUs). The emissions budgets are implemented in two phases of
generally increasing stringency, with the Phase 1 budgets originally
scheduled to apply to emissions in 2012 and 2013 and the Phase 2
budgets originally scheduled to apply to emissions in 2014 and later
years.
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\1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011).
\2\ See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.),
modified, 550 F.3d 1176 (D.C. Cir. 2008).
\3\ Federal Implementation Plans for Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin and Determination for Kansas Regarding
Interstate Transport of Ozone, 76 FR 80760 (December 27, 2011).
\4\ Revisions to Federal Implementation Plans To Reduce
Interstate Transport of Fine Particulate Matter and Ozone, 77 FR
10324 (February 21, 2012).
\5\ Revisions to Federal Implementation Plans To Reduce
Interstate Transport of Fine Particulate Matter and Ozone, 77 FR
34830 (June 12, 2012).
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As the mechanism for achieving compliance with the emissions
limitations, CSAPR establishes federal implementation plans (FIPs) that
require large EGUs in each affected state to participate in one or more
new emissions trading programs that supersede the existing CAIR
emissions trading programs. Interstate trading of CSAPR's emission
allowances is permitted, but the rule includes ``assurance provisions''
designed to ensure that individual states' emissions in each Phase 2
compliance period do not exceed the states' respective emissions
budgets for that period by more than specified ``variability limits.''
CSAPR allows states to elect to revise their state implementation
plans (SIPs) to modify or replace the FIPs while continuing to rely on
the rule's trading programs for compliance with the emissions
limitations, and establishes certain requirements and deadlines
[[Page 71665]]
related to those optional SIP revisions.\6\ The rule also contains
provisions that sunset CAIR compliance requirements on a schedule
coordinated with the implementation of CSAPR compliance requirements.
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\6\ CSAPR does not restrict states' ability to adopt SIP
revisions to meet their emissions limitations through mechanisms
other than the rule's trading programs.
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Certain industry and state and local government petitioners
challenged CSAPR in the D.C. Circuit and filed motions seeking a stay
of the rule pending judicial review.\7\ On December 30, 2011, the Court
granted a stay of the rule, ordering the EPA to continue administering
CAIR on an interim basis.\8\ In a subsequent decision on the merits,
the Court vacated CSAPR based on a subset of petitioners' claims, but
on April 29, 2014, the U.S. Supreme Court reversed that decision and
remanded the case to the D.C. Circuit for further proceedings.\9\
Throughout the initial round of D.C. Circuit proceedings and the
ensuing Supreme Court proceedings, the stay remained in place and the
EPA has continued to implement CAIR. Following the Supreme Court
decision, in order to allow CSAPR to replace CAIR in an equitable and
orderly manner while further D.C. Circuit proceedings are held to
resolve petitioners' remaining claims, the EPA filed a motion asking
the D.C. Circuit to lift the stay and to toll by three years all CSAPR
compliance deadlines that had not passed as of the date of the stay
order.\10\ On October 23, 2014, the Court granted the EPA's motion.\11\
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\7\ Separate challenges seeking judicial review of the
Supplemental Rule, the First Revisions Rule, and the Second
Revisions Rule are currently being held in abeyance at the D.C.
Circuit.
\8\ Order, Document #1350421, EME Homer City Generation, L.P. v.
EPA, No. 11-1302 (D.C. Cir. issued Dec. 30, 2011). Although the
Court did not explicitly address the stay order's effect on
requirements established by the Supplemental Rule, the EPA issued a
notice indicating that, because of the close relationship between
CSAPR as originally promulgated and the Supplemental Rule, the
Agency would treat both rules in the same manner and would not
expect covered sources in the states addressed by the Supplemental
Rule to comply with the Supplemental Rule's requirements for the
duration of the stay. 77 FR 5710 (February 6, 2012). As discussed
below, now that the Court has lifted the stay, the EPA expects
covered sources in states addressed by the Supplemental Rule to
comply with the Supplemental Rule's requirements consistent with the
new compliance schedule established by the Court's order and this
interim final rule.
\9\ EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014), reversing 696 F.3d 7 (D.C. Cir. 2012).
\10\ Respondents' Motion to Lift the Stay Entered on December
30, 2011, Document #1499505, EME Homer City Generation, L.P. v. EPA,
No. 11-1302 (D.C. Cir. filed June 26, 2014) [EPA Motion]; see also
Reply in Further Support of Motion to Lift Stay, Document #1508914,
EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. filed
August 22, 2014) [EPA Reply]. Both documents are available in the
docket.
\11\ Order, Document #1518738, EME Homer City Generation, L.P.
v. EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014).
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This action makes ministerial amendments to the dates in the CSAPR
regulatory text in 40 CFR parts 51, 52, and 97 to clarify how the EPA
will implement the rule consistent with the D.C. Circuit's order
lifting the stay and tolling the rule's deadlines. Generally, this
action tolls by three calendar years dates and years in the regulatory
text as previously amended that had not passed as of December 30, 2011,
the date of the stay order.\12\ The ministerial amendments restore
parties and the rule to the status that would have existed but for the
stay albeit three years later, preserve the rule's internal
consistency, render moot questions as to whether the Court's order
might not have tolled some of the individual dates being amended, and
provide clarity to stakeholders and the public, thereby permitting
orderly implementation of the rule.
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\12\ As discussed in section II of this preamble, the amendments
also toll certain dates in the regulatory text before December 30,
2011, that are used to establish deadlines occurring after December
30, 2011.
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The most fundamental amendments make clear that, consistent with
the Court's order, compliance with CSAPR's Phase 1 emissions budgets is
now required in 2015 and 2016 (instead of 2012 and 2013) and compliance
with the rule's Phase 2 emissions budgets and assurance provisions is
now required in 2017 and beyond (instead of 2014 and beyond).\13\ Other
amendments toll specific deadlines for sources to certify monitoring
systems and to start reporting emissions, for the EPA to allocate and
record emission allowances, and for states to take optional steps to
modify or replace their CSAPR FIPs through SIP revisions. Dates are
also tolled in the regulatory provisions that sunset CAIR upon its
replacement by CSAPR, and a new deadline is set for removal of CAIR
NOX allowances from allowance tracking system accounts.\14\
The EPA's authority to issue these ministerial amendments is not
affected by the continuation of proceedings at the D.C. Circuit to
resolve petitioners' remaining claims regarding CSAPR. No regulatory
text is amended other than dates and no substantive changes to CSAPR
are being made. Section II of this notice provides additional
information about the specific amendments.
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\13\ The EPA is also administratively converting the 2012-
vintage and 2013-vintage CSAPR emission allowances previously
recorded in tracking system accounts into 2015-vintage and 2016-
vintage allowances, respectively. In light of the Court's order
tolling compliance deadlines and the applicable Phase 1 and Phase 2
emissions budget periods, and given the need for the vintages of the
rule's emission allowances to correctly reflect the revised
emissions budget periods, the EPA considers this one-time conversion
to be a reasonable exercise of the Agency's plenary authority under
40 CFR 97.427, 97.527, 97.627, and 97.727 to correct errors in CSAPR
tracking system accounts.
\14\ The EPA removed CAIR annual NOX and ozone-season
NOX allowances from tracking system accounts before the
stay, as required under the rule, but then restored the allowances
to the accounts following the Court's order to continue implementing
CAIR during the stay. CSAPR does not call for removal of CAIR
SO2 allowances, which are the same SO2
allowances used in the Title IV Acid Rain Program.
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As permitted under section 307(d)(1) of the CAA where good cause
exists, these amendments to CSAPR's dates are being promulgated as a
final rule without prior notice or opportunity for public comment, and
the amendments are effective immediately upon publication of this
notice in the Federal Register. At the same time, the EPA is also
seeking comment on the content of the amendments and the consistency of
the revisions with the Court's order granting the EPA's motion to lift
the stay and toll CSAPR compliance deadlines by three years. The EPA is
not reopening for comment any provisions of CSAPR other than the dates
and years amended in this interim final rule. The EPA will consider any
comments received and issue a final rule that either confirms these
revisions or makes any further revisions that may be needed for
implementation on the revised compliance schedule. Section III of this
notice provides additional information on this rulemaking procedure and
on the EPA's findings of good cause to issue an immediately effective
final rule without prior notice or opportunity for public comment.
II. Specific Amendments to CSAPR Dates
This action amends dates appearing in regulatory text in 40 CFR
parts 51, 52, and 97. Most of the amendments, addressing virtually all
aspects of implementation of the CSAPR FIPs and trading programs, toll
dates in the CSAPR trading program provisions in subparts AAAAA, BBBBB,
CCCCC, and DDDDD of part 97 and in the additional CSAPR FIP provisions
in Sec. Sec. 52.38 and 52.39. The other amendments,
[[Page 71666]]
addressing the sunsetting of CAIR obligations and the CAIR trading
programs, toll or otherwise reset dates in scattered sections of parts
51 and 52. No regulatory text other than dates is amended and no
substantive changes to CSAPR are being made. The remainder of this
section discusses the functions of the various dates being changed and
identifies the specific CFRs being amended.
The EPA interprets the Court's order lifting the stay as already
tolling CSAPR deadlines that had not passed as of the date of the
Court's previous stay order, with the consequence that the
corresponding regulatory text amendments in this action do not alter
legal requirements or options but merely amend regulatory text to
accurately reflect the timing of legal requirements and options as
revised by the Court. With respect to the possibility that some of the
dates amended in this action might not have been tolled by the Court's
order, all of the date changes are required to serve the purpose of the
rule--to address states' interstate transport obligations in an
efficient and equitable manner--and the purpose of the Court's order--
to allow the rule to be implemented in accordance with the EPA's
motion. The rule's various dates are elements of a carefully integrated
design, and uncoordinated changes could disrupt that design and lead to
inefficient and inequitable results. Therefore, to the extent that any
of the date changes in this action may be outside the scope of the
tolling already ordered by the Court, those changes are nevertheless
necessary to provide for efficient, equitable, and orderly
implementation of the rule consistent with the Court's order. The
necessity of specific date changes is further discussed below.
A. Emissions Limitations and Assurance Provisions
The most fundamental amendments in this action toll the years in
which compliance with CSAPR's emissions limitations and assurance
provisions is required, as well as the years in which the rule's Phase
1 and Phase 2 emissions budgets, Phase 1 and Phase 2 ``set-asides,''
\15\ and Phase 2 variability limits apply. The compliance period
definitions drive many of the rule's specific requirements, and the
budget applicability dates are key specifications affecting the rule's
stringency. These date changes were explicitly requested and discussed
in the EPA's motion to lift the stay and toll compliance deadlines by
three years.\16\ As explained in the motion, tolling these deadlines by
three years returns the rule and parties to the status quo that would
have existed but for the stay, provides parties with sufficient time to
prepare for implementation, and avoids unnecessary regulatory burden by
retaining a calendar-year schedule for the rule's annual trading
programs. This rule makes no substantive changes to the emissions
limitations or assurance provisions other than the revision of the
deadlines.
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\15\ CSAPR sets aside portions of each state's emissions budgets
for potential allocation to new units in the state. For states with
areas of Indian country within their borders, the rule establishes
additional set-asides for new units in those areas.
\16\ See, e.g., EPA Motion at 1, 14-16, 18.
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The EPA also explained in the motion that CSAPR would be
implemented as previously amended by the Supplemental Rule, the First
Revisions Rule, and the Second Revisions Rule, and that dates first
established or amended in those later rulemakings would also be
tolled.\17\ Tolling of these dates is necessary to preserve CSAPR's
internal consistency and to provide for efficient and equitable
implementation. For example, the Supplemental Rule established dates
specifying the applicable compliance periods for the Phase 1 and Phase
2 ozone-season emissions budgets, set-asides, and variability limits
that the Supplemental Rule established for five states.\18\ If dates
first established by the Supplemental Rule were not tolled, in 2015 and
2016 these five states would be subject to Phase 2 emissions budgets
while all other states would be subject to Phase 1 emissions budgets,
an inequitable outcome. In another example, the First Revisions Rule
deferred applicability of CSAPR's assurance provisions from Phase 1 to
Phase 2 in order to encourage greater trading activity during Phase 1
and thereby ensure a smooth transition from CAIR.\19\ If dates amended
by the First Revisions Rule were not tolled from their previously
amended starting points, the assurance provisions would apply in 2015,
contrary to the rationale supporting their prior deferral until Phase
2.
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\17\ See, e.g., EPA Motion at 14, 16-17.
\18\ The five states with emissions limitations established in
the Supplemental Rule are Iowa, Michigan, Missouri, Oklahoma, and
Wisconsin.
\19\ See 77 FR 10324, 10330-32 (February 21, 2012).
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The date changes relating to the compliance deadlines and
applicable periods for the rule's emissions limitations and assurance
provisions are reflected in amendments to the following sections of 40
CFR:
Sections 97.406(c)(3)(i), 97.506(c)(3)(i),
97.606(c)(3)(i), and 97.706(c)(3)(i) (applicable periods for emissions
limitations);
Sections 97.406(c)(3)(ii), 97.506(c)(3)(ii),
97.606(c)(3)(ii), and 97.706(c)(3)(ii) (applicable periods for
assurance provisions);
Sections 97.410(a), 97.510(a), 97.610(a), and 97.710(a)
(applicable periods for Phase 1 and Phase 2 emissions budgets and set-
asides);
Sections 97.410(b), 97.510(b), 97.610(b), and 97.710(b)
(applicable periods for Phase 2 variability limits); and
Sections 97.425(b)(1), 97.525(b)(1), 97.625(b)(1), and
97.725(b)(1) (assurance provision administration deadlines).
B. Monitoring System Certification and Emissions Reporting
Several amendments in this action toll CSAPR dates that define
deadlines by which owners and operators of affected units must meet
monitoring system certification requirements and begin submitting
quarterly emissions reports. These date changes are necessary to
coordinate the timing of these specific requirements with the revised
timing of the rule's emissions limitations and to avoid requiring
sources to engage in certification and emissions reporting activities
before those activities serve a useful purpose. The EPA's motion
indicated that the deadlines for CSAPR's monitoring and reporting
obligations would be tolled if the Court granted the motion.\20\ This
rule makes no substantive changes to the monitoring and reporting
requirements other than the revision of the deadlines.
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\20\ See EPA Motion at 14 and note 5.
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The amendments to the certification and reporting deadlines toll
several dates in the regulatory text earlier than December 30, 2011.
The reason for tolling these dates is that their function in the rule
is to define deadlines originally scheduled to occur after December 30,
2011. Specifically, the original regulatory text provides that units in
operation for at least six months before implementation of the rule's
first emissions limitations--defined in the existing regulatory text as
``unit[s] that commence[] commercial operation before July 1, 2011''--
become subject to reporting obligations for annual emissions occurring
as of January 1, 2012, and are required to complete monitoring system
certification by that same date.\21\ In contrast, units in
[[Page 71667]]
operation for less than six months before implementation of the rule's
first emission limitations--defined in the existing regulatory text as
``unit[s] that commence[] commercial operation on or after July 1,
2011''--are given potentially later deadlines.\22\ Similarly, because
the reporting deadlines for the newer units are defined in part by
reference to events that could have occurred before implementation of
the rule's first emissions limitations, in order to avoid creation of
reporting deadlines before January 1, 2012, the existing regulatory
text contains language providing that reporting obligations do not
apply with respect to ``the third or fourth quarter of 2011.'' \23\
This action amends these 2011 dates, changing them to 2014 dates
consistent with the change in initial implementation of the rule's
emissions limitations from 2012 to 2015 as ordered by the Court. If
these amendments were not made, the regulatory text could require some
sources commencing commercial operation on or after July 1, 2011, and
before January 1, 2015, to begin reporting under CSAPR prior to 2015, a
result that would be unnecessary, inefficient, inequitable, and
inconsistent with the Court's order.
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\21\ See, e.g., 40 CFR 97.430(b)(1) and 97.434(d)(1)(i). The
analogous compliance deadline in the original regulatory text for
requirements related to ozone-season NOX emissions is May
1, 2012. See 40 CFR 97.530(b)(1) and 97.534(d)(1)(i) and (2)(ii)(A).
\22\ See, e.g., 40 CFR 97.430(b)(2) and 97.434(d)(1)(ii).
\23\ See, e.g., 40 CFR 97.434(d)(1)(ii).
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The date changes related to CSAPR's compliance deadlines for
monitoring system certification and the applicable periods for
emissions reporting are reflected in amendments to the following
sections of 40 CFR:
Sections 97.430(b)(1), 97.530(b)(1), 97.630(b)(1), and
97.730(b)(1) (certification deadlines for units that commence
commercial operation at least six months before the first compliance
period);
Sections 97.430(b)(2), 97.530(b)(2)-(3), 97.630(b)(2), and
97.730(b)(2) (certification deadlines for newer units);
Sections 97.434(d)(1)(i), 97.534(d)(1)(i) and (2)(ii)(A),
97.634(d)(1)(i), and 97.734(d)(1)(i) (applicable periods for emissions
reporting by units that commence commercial operation at least six
months before the first compliance period); and
Sections 97.434(d)(1)(ii), 97.534(d)(1)(ii) and
(2)(ii)(B), 97.634(d)(1)(ii), and 97.734(d)(1)(ii) (applicable periods
for emissions reporting by newer units).
C. Allocation and Recordation of Emission Allowances
Some of the amendments in this action toll dates defining CSAPR
deadlines by which the EPA must allocate and record emission
allowances. The date changes are necessary to coordinate these
deadlines with the rule's compliance deadlines as revised by the
Court's order and to preserve states' opportunities under the rule to
substitute their own preferred allowance allocations for the EPA's
default allocations. More specifically, to facilitate allowance trading
and compliance planning activities, the rule's recordation deadlines
require recordation of most CSAPR allowances up to four years in
advance of the respective compliance periods. The rule also establishes
default procedures by which the EPA allocates allowance quantities
equal to each state's emissions budgets among the EGUs in the state,
but after the first compliance year the rule permits states to replace
the EPA's default allocations for most units through SIP revisions, as
discussed below.\24\ States' opportunities to replace the default
allocations extend only to allowances that have not yet been recorded.
If the dates in the regulatory text defining the recordation deadlines
were not tolled consistent with the revised compliance deadlines
established by the Court's order, the unrevised recording deadlines
could unnecessarily prevent states from controlling the allocations of
allowances for certain compliance periods because the allowances would
already have been recorded. This rule makes no substantive changes to
the allowance allocation and recordation provisions other than the
revision of the deadlines.
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\24\ States are not permitted to revise the recordation
provisions or the provisions governing allocation of allowances from
the Indian country new unit set-asides.
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The EPA notes that the allocation date amendments include tolling a
particular phrase from ``after 2011'' to ``after 2014''.\25\ The phrase
concerns allowance allocations to units that cease operations, and the
effect of the change is that by default (i.e., unless the state revises
the allocations) a retiring unit will continue to receive allocations
of allowances for five compliance periods after the unit's last year of
operation, which in the case of a unit retiring between 2010 and 2014
would be the rule's first five compliance periods from 2015 through
2019. The phrase ``after 2011'' indicates a date after December 30,
2011, making this a deadline that had not passed as of the date of the
stay, and the EPA's reply regarding the motion to lift the stay
explicitly confirmed the intention to toll these specific dates.\26\
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\25\ See, e.g., 40 CFR 97.411(a)(2).
\26\ See EPA Reply, attached Supplemental Declaration of Reid
Harvey, ]7.
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The EPA also notes that some of the recordation deadlines being
amended were initially established in the Supplemental Rule. These
deadlines apply to the recordation of allowances for CSAPR's first two
compliance periods and affect only the ozone-season allowances for the
five states covered by the Supplemental Rule.\27\ If the recordation
deadlines established in the Supplemental Rule were not tolled--
specifically, the March 26, 2012, recordation deadline for allowances
for the rule's second compliance year--while the analogous deadlines
established for other states in the original CSAPR rulemaking were
tolled, these five states alone would lack the opportunity to revise
allowance allocations for the rule's second compliance period, an
inappropriate, unnecessary, and inequitable result.
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\27\ See 40 CFR 97.521(a)-(b).
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The date changes related to administrative deadlines and applicable
periods for allocation and recordation of allowances are reflected in
amendments to the following sections of 40 CFR:
Sections 97.411(a)(1), 97.511(a)(1), 97.611(a)(1), and
97.711(a)(1) (applicable periods for default allowance allocations to
existing units);
Sections 97.411(a)(2), 97.511(a)(2), 97.611(a)(2), and
97.711(a)(2) (applicable periods for default allowance allocations to
retired units);
Sections 97.411(b)(1), 97.511(b)(1), 97.611(b)(1), and
97.711(b)(1) (administrative deadlines for default allowance
allocations from new unit set-asides);
Sections 97.411(b)(2), 97.511(b)(2), 97.611(b)(2), and
97.711(b)(2) (administrative deadlines for allowance allocations from
Indian country new unit set-asides);
Sections 97.411(c)(1), 97.511(c)(1), 97.611(c)(1), and
97.711(c)(1) (applicable periods for correction of incorrect allowance
allocations);
Sections 97.412(a), 97.512(a), 97.612(a), and 97.712(a)
(applicable periods for default allowance allocations from new unit
set-asides);
Sections 97.412(b), 97.512(b), 97.612(b), and 97.712(b)
(applicable periods for allocations from Indian country new unit set-
asides);
Sections 97.421(a)-(f), 97.521(a)-(f), 97.621(a)-(f), and
97.721(a)-(f) (administrative deadlines and applicable periods for
allowance recordation for existing units); and
Sections 97.421(g)-(i), 97.521(g)-(i), 97.621(g)-(i), and
97.721(g)-(i)
[[Page 71668]]
(administrative deadlines and applicable periods for allowance
recordation from new unit set-asides and Indian country new-unit set-
asides).
D. Optional SIP Revisions
Some of the amendments in this action toll deadlines for filings by
states that elect to submit SIP revisions to modify or replace the
CSAPR FIPs in order to replace the default allowance allocations. The
rule sets deadlines for submission of these SIP revisions (and for
associated notifications) that are coordinated with the rule's
deadlines for allowance recordation. Tolling of these dates is
necessary to preserve this coordination and to restore to states the
same SIP revision opportunities that would have existed if the rule had
not been stayed. The EPA's reply regarding the motion to lift the stay
explained in detail the intention for these deadlines to be tolled if
the Court granted the motion.\28\ This rule makes no substantive
changes to the provisions providing optional SIP revisions other than
the revision of the deadlines.
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\28\ See EPA Reply, attached Supplemental Declaration of Reid
Harvey, ]]8-11.
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As indicated in the EPA's reply, only the SIP revision and
notification deadlines that had not passed as of the date of the stay
would be tolled. This restriction applies to a CSAPR deadline of
October 17, 2011--which is not being tolled--for states to notify the
EPA of their intent to submit SIP revisions modifying allowance
allocations for the rule's second compliance period (except with
respect to obligations established in the Supplemental Rule). For the
twelve states that notified the EPA by that deadline of their intent to
submit SIP revisions modifying allowance allocations for the second
compliance year, the deadline for submission of those SIP revisions is
being tolled from April 1, 2012, to April 1, 2015.\29\ The states that
did not provide notification prior to the October 17, 2011, deadline
will not have an opportunity to modify allowance allocations for that
compliance year. Pursuant to a November 7, 2011, deadline in the rule--
which is also not being tolled--the EPA duly recorded allowances for
those states using the EPA's default allocations, and removal of those
allowances from tracking system accounts to provide states with a new
reallocation opportunity would be inequitable because allowance trades
affecting these allowances have already taken place. Separate deadlines
applicable to all states relating to optional SIP revisions to revise
allowance allocations for later compliance periods are being
tolled.\30\
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\29\ The twelve states are Alabama, Florida, Kansas, Louisiana,
Maryland, Mississippi, Missouri, Nebraska, New York, Ohio,
Pennsylvania, and South Carolina.
\30\ For example, the deadline to submit SIP revisions
addressing allowance allocations for CSAPR's third and fourth
compliance periods as revised by the Court's order (i.e., 2017 and
2018) is being tolled from December 1, 2012, to December 1, 2015.
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The EPA notes that some of the SIP revision-related deadlines being
amended were initially established in the Supplemental Rule. These
deadlines apply to SIP revisions replacing default allowance
allocations for CSAPR's second compliance period but affect only the
ozone-season allowances for the five states covered by the Supplemental
Rule.\31\ Specifically, the regulatory text as currently amended
provides that these states must notify the EPA by March 6, 2012, of
their intent to modify allowance allocations for the rule's second
compliance year and must submit the corresponding SIP revisions by
October 1, 2012. If these deadlines established in the Supplemental
Rule were not tolled, while the April 1, 2012, deadline described above
for other states was tolled, these five states alone would lack the
opportunity to revise allowance allocations for the rule's second
compliance period, an inappropriate, unnecessary, and inequitable
result.
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\31\ See 40 CFR 52.38(b)(3)(v).
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The date changes related to notification and SIP revision filing
deadlines for states' that elect to modify or replace the FIPs are
reflected in amendments to the following sections of 40 CFR:
Sections 52.38(a)(3) and (b)(3), and 52.39(d) and (g) (SIP
revisions to modify the FIP default allowance allocations for the
second compliance year);
Sections 52.38(a)(4) and (b)(4), and 52.39(e) and (h) (SIP
revisions to modify the FIP default allowance allocations for the third
compliance year and beyond);
Sections 52.38(a)(5) and (b)(5), and 52.39(f) and (i) (SIP
revisions to replace the FIPs for the third compliance year and
beyond); and
Sections 97.421(b), 97.521(b), 97.621(b), and 97.721(b)
(interaction of SIP revision-related filing deadlines and allowance
recordation deadlines for the second compliance year).
E. Sunsetting of CAIR
The remaining amendments in this action toll or reset deadlines
associated with the sunsetting of CAIR. In 2008, the DC Circuit
remanded CAIR to the EPA for replacement.\32\ Since that remand, the
EPA has continued to implement CAIR in accordance with that and
subsequent Court orders, first while CSAPR was developed and in the
period leading up to its planned 2012 implementation, and then while
CSAPR was stayed. When CSAPR is implemented in 2015, CAIR will sunset
in compliance with the terms of the 2008 remand. The amendments in this
action toll the dates in the existing regulatory text reflecting the
originally planned 2012 sunset, replacing them with dates reflecting
the 2015 sunset consistent with the Court's order lifting the stay of
CSAPR.
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\32\ North Carolina v. EPA, 550 F.3d 1176, 1178 (DC Cir. 2008).
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Several additional CAIR-related amendments reset deadlines for
removal of CAIR NOX allowances from tracking system
accounts. To prevent possible confusion over how many allowances are
available for CSAPR compliance after CSAPR supersedes CAIR, CSAPR as
originally issued provided for post-2011-vintage CAIR NOX
allowances to be removed from tracking system accounts on November 7,
2011 (before the stay). The EPA removed the allowances by that deadline
but then restored the allowances to the accounts in order to allow CAIR
to continue to be implemented consistent with the Court's stay order.
This action sets a new deadline of March 3, 2015 for removal of post-
2014-vintage CAIR NOX allowances, serving the original
purpose of avoiding confusion over the number of allowances available
for CSAPR compliance. The date changes related to the sunsetting of
CAIR and removal of CAIR NOX allowances from tracking system
accounts are reflected in amendments to the following sections of 40
CFR:
Section 51.121(r)(2) (NOX SIP Call
obligations);
Sections 51.123(ff) and 51.124(s) (CAIR obligations);
Sections 52.35(f) and 52.36(e) (CAIR FIPs);
Sections 52.440(c) and 52.441(b) (Delaware);
Sections 52.484(c) and 52.485(b) (District of Columbia);
Section 52.984(c) (Louisiana);
Sections 52.1186(c) and 52.1187(b) (Michigan);
Sections 52.1584(c) and 52.1585(b) (New Jersey);
Sections 52.2240(c) and 52.2241(b) (Tennessee);
Sections 52.2283(b) and 52.2284(b) (Texas); and
Sections 52.2587(c) and 52.2588(b) (Wisconsin).
[[Page 71669]]
III. Legal Authority, Administrative Procedures, and Findings of Good
Cause
The EPA's authority to issue the amendments in this action is
provided by CAA sections 110 and 301 (42 U.S.C. 7410 and 7601).
The EPA is taking this action as a final rule without prior notice
or opportunity for public comment because the EPA finds that the
Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) good cause
exemption applies here. In general, the APA requires that general
notice of proposed rulemaking shall be published in the Federal
Register. Such notice must provide an opportunity for public
participation in the rulemaking process. However, the APA does provide
an avenue for an agency to directly issue a final rulemaking in certain
specific instances. This may occur, in particular, when an agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefor in the rule issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest. See 5 U.S.C. 553(b)(B).
While CAA section 307(d)(1)(B) also provides that, in general,
actions to revise FIPs under CAA section 110(c) are subject to the
procedural requirements set forth in section 307(d), including
publication of a notice of proposed rulemaking in the Federal Register
and provision of an opportunity for public comment, section 307(d)(1)
also provides that section 307(d) does not apply in the case of any
rule or circumstance referred to in APA section 553(b)(B). The EPA
finds for good cause under APA section 553(b)(B) that provision of such
notice and opportunity for comment in this case is impracticable or
unnecessary.
The EPA finds that providing notice and an opportunity for comment
before promulgation of the amendments in this final action is
impracticable or unnecessary for the following reasons.\33\ First, to
the extent that this action amends dates in the regulatory text that
have already been tolled by the Court's order, providing notice and an
opportunity for comment is unnecessary because the revisions are merely
a ministerial act intended to implement the Court's order and it would
generally serve no useful purpose to provide an opportunity for public
comment or a public hearing on this issue, particularly in the very
short timeframe in which the EPA is required to begin implementing
CSAPR consistent with the Court's order. The EPA interprets the DC
Circuit's order as having already reset all legal deadlines under
CSAPR, as amended, that had not passed as of December 30, 2011, the
date of the stay.\34\ The EPA's action to amend the regulatory text
consistent with the effect of the Court's order merely makes the
regulatory text consistent with the actual legal requirements as
revised by the Court. Such consistency promotes regulatory clarity
prior to the revised compliance dates, including the January 1, 2015,
start date for compliance with the rule's emissions limitations.
Delaying clarification of the regulatory text in order to allow time to
conduct notice-and-comment procedures would result in regulatory text
that does not accurately reflect the legally effective compliance dates
until a rulemaking could be completed. Because completion of a
rulemaking with notice-and-comment procedures would not occur until
after the start of the first compliance period, the delay in
clarification of the regulatory text would create confusion that could
disrupt orderly implementation of the rule, contrary to the purpose of
the Court's order and the public interest.
---------------------------------------------------------------------------
\33\ The EPA's finding that providing notice and an opportunity
for comment before promulgation of the regulatory text amendments in
this final action is impracticable, unnecessary, or contrary to the
public interest also applies for purposes of section 808(2) of the
Congressional Review Act, 5 U.S.C. 808(2), as referenced in section
IV.K of this preamble.
\34\ The EPA's motion was clear that the requested relief
encompassed tolling of not only the ``key compliance deadlines''
concerning applicability of CSAPR's emissions budgets and assurance
provisions but also the ``additional deadlines applicable to the
EPA, the states, and utilities for reporting and other generally
ministerial actions.'' See EPA Motion at 14 and note 5.
---------------------------------------------------------------------------
Second, to the extent that this action may amend any CSAPR dates
that have not already been tolled by the Court's order, providing
notice and an opportunity for public comment is impracticable because
the ten-week interval between the Court's order and the January 1,
2015, start of compliance is insufficient time for completion of
notice-and-comment rulemaking. As discussed in section II of this
preamble, several of this action's amendments change dates that were
initially established or amended in the Supplemental Rule or the First
Revisions Rule, and these dates must be tolled in the current action
for consistency with other tolled dates in order to allow equitable and
orderly implementation of CSAPR as already amended by these other
rules.
Some petitioners responding to the EPA's motion suggested that the
Court may lack the power to toll dates in CSAPR's current regulatory
text that were not established in the original CSAPR rulemaking under
review by the Court (e.g., dates finalized in the Supplemental and
Revisions Rules). If correct, this position would mean that, in this
action, with respect to these particular dates, the EPA not only would
be altering the appearance of the dates in the regulatory text but also
would be amending the effective legal dates themselves. The EPA
disagrees with petitioners' narrow view of the Court's equitable
powers, but finds that, if this action is indeed amending the effective
legal dates, good cause exists to make the amendments without prior
notice or opportunity for comment because the changes are necessary for
orderly implementation of the rule consistent with the Court's order,
and it is impracticable to provide notice and an opportunity for
comment prior to the start of implementation. In a similar vein, as
also discussed in section II above, the EPA notes that several of this
action's amendments toll dates in the regulatory text before December
30, 2011. The EPA interprets the Court's order as tolling these dates
because, as explained in section II, their function in the rule is to
establish deadlines after December 30, 2011. However, in these
instances as well, if this action is indeed amending the effective
legal dates, the EPA finds that good cause exists to make the
amendments without prior notice or opportunity for comment for the same
reasons just stated.
As permitted by APA section 553(d) upon a finding of good cause,
the EPA is also making this action tolling the dates in the CSAPR
regulatory text effective immediately upon publication in the Federal
Register. The EPA finds good cause to make this action immediately
effective for the following reasons. The Court's order lifting the stay
of CSAPR and tolling the rule's deadlines allows implementation of the
rule's emission limitations to begin on January 1, 2015. Promptly
commencing implementation on January 1, 2015, is in the public interest
because the rule will help states meet their interstate transport
obligations under the CAA and protect air quality for millions of
Americans. Finally, immediately amending the dates in the CSAPR
regulatory text--i.e., before the January 1, 2015, start of
implementation--in order to clarify and make internally consistent the
timing of the rule's requirements and elections will promote orderly
implementation consistent with the Court's order.
As just described, the EPA finds good cause to take this final
action without prior notice or opportunity for public comment and to
make this action
[[Page 71670]]
effective immediately upon publication in the Federal Register.
However, the EPA is also implementing this action on an interim basis
only and is providing notice and an opportunity for comment on the
content of the amendments. In particular, the EPA requests comment on
whether, in order to be consistent with the Court's order tolling CSAPR
deadlines by three years, the provisions of this interim rule should
become permanent or, alternatively, whether any date or year in the
regulatory text amended by the interim final rule should either be
restored to the date or year as it appeared in the regulatory text
prior to promulgation of the interim final rule or should be changed to
a date or year different from the date or year set in the interim final
rule. The EPA is not reopening for comment any provisions of CSAPR
other than the dates and years amended in the interim final rule for
consistency with the Court's order tolling CSAPR deadlines by three
years. Issuance of this interim final rule, while also requesting
comment, enables CSAPR to be implemented in an orderly manner beginning
January 1, 2015, consistent with the Court's order and also provides
public notice and an opportunity for comment as to whether these
revisions should be made permanent or whether further amendments to the
regulatory text may be necessary to comply with the Court's order. The
EPA anticipates issuing a final rule confirming these revisions or
making any further amendments to the CSAPR regulatory text that may be
necessary following consideration of any comments received.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden
under the Paperwork Reduction Act. OMB has previously approved the
information collection activities contained in the existing regulations
and has assigned OMB control number 2060-0667. This action simply tolls
the deadlines of CSAPR by three years, including the deadlines for the
rule's information collection requirements, consistent with the order
of the DC Circuit lifting the previous stay of the rule.
C. Regulatory Flexibility Act
This action is not subject to the Regulatory Flexibility Act (RFA).
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA), 5 U.S.C.
553, or any other statute. This rule is not subject to notice and
comment requirements because the Agency has invoked the APA ``good
cause'' exemption under 5 U.S.C. 553(b), as discussed in section III of
this preamble.
D. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector. This action simply tolls the deadlines of CSAPR by
three years consistent with the order of the DC Circuit lifting the
previous stay of the rule.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This
action simply tolls the deadlines of CSAPR by three years consistent
with the order of the DC Circuit lifting the previous stay of the rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action simply tolls the deadlines of CSAPR
by three years, consistent with the order of the DC Circuit lifting the
previous stay of the rule. Thus, Executive Order 13175 does not apply
to this action. Consistent with the EPA Policy on Consultation and
Coordination with Indian Tribes, the EPA consulted with tribal
officials while developing CSAPR. A summary of that consultation is
provided in the preamble for CSAPR, 76 FR 48208, 48346 (August 8,
2011).
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it simply tolls the deadlines of the
CSAPR FIPs implementing previously promulgated health or safety-based
federal standards, consistent with the order of the DC Circuit lifting
the previous stay of the rule.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. This action simply tolls the deadlines of
CSAPR by three years, consistent with the order of the DC Circuit
lifting the previous stay of the rule. Consistent with Executive Order
12898 and the EPA's environmental justice policies, the EPA considered
effects on low-income, minority, and indigenous populations while
developing CSAPR. The process and results of that consideration are
described in the preamble for CSAPR, 76 FR 48208, 48347-52 (August 8,
2011).
K. Congressional Review Act
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. The CRA allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA if the agency makes a good cause finding that notice and
comment rulemaking
[[Page 71671]]
procedures are impracticable, unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for
this rule as discussed in section III of this preamble, including the
basis for that finding.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 97
Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Nitrogen oxides,
Reporting and recordkeeping requirements, Sulfur dioxide.
Dated: November 21, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, parts 51, 52, and 97 of
chapter I of title 40 of the Code of Federal Regulations are amended as
follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Sec. Sec. 51.121, 51.123, and 51.124 [Amended]
0
2. Part 51 is amended by removing ``2012'' and adding in its place
``2015'' in the following places:
0
a. Section 51.121(r)(2);
0
b. Section 51.123(ff)(2) through (4); and
0
c. Section 51.124(s)(2).
Sec. Sec. 51.123 and 51.124 [Amended]
0
3. Part 51 is further amended by removing ``December 31, 2011'' and
adding in its place ``December 31, 2014'' in the following places:
0
a. Section 51.123(ff)(1) introductory text; and
0
b. Section 51.124(s)(1) introductory text;
Sec. 51.123 [Amended]
0
4. Section 51.123 is amended in paragraphs (ff)(3) and (4) by removing
``November 7, 2011'' and adding in its place March 3, 2015''.
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
5. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Sec. Sec. 52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984,
52.1186, 52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284,
52.2587, and 52.2588 [Amended]
0
6. Part 52 is amended by removing ``2012'' and adding in its place
``2015'' in the following places:
0
a. Section 52.35(f)(2) through (4);
0
b. Section 52.36(e)(2);
0
c. Section 52.440(c)(2) through (4);
0
d. Section 52.441(b)(2);
0
e. Section 52.484(c)(2) through (4);
0
f. Section 52.485(b)(2);
0
g. Section 52.984(c)(2) through (4);
0
h. Section 52.1186(c)(2) through (4);
0
i. Section 52.1187(b)(2);
0
j. Section 52.1584(c)(2) through (4);
0
k. Section 52.1585(b)(2);
0
l. Section 52.2240(c)(2) through (4);
0
m. Section 52.2241(b)(2);
0
n. Section 52.2283(b)(2) and (3);
0
o. Section 52.2284(b)(2);
0
p. Section 52.2587(c)(2) through (4); and
0
q. Section 52.2588(b)(2).
Sec. Sec. 52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984,
52.1186, 52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284,
52.2587, and 52.2588 [Amended]
0
7. Part 52 is further amended by removing ``December 31, 2011'' and
adding in its place ``December 31, 2014'' in the following places:
0
a. Section 52.35(f)(1) introductory text;
0
b. Section 52.36(e)(1) introductory text;
0
c. Section 52.440(c)(1) introductory text;
0
d. Section 52.441(b)(1) introductory text;
0
e. Section 52.484(c)(1) introductory text;
0
f. Section 52.485(b)(1) introductory text;
0
g. Section 52.984(c)(1) introductory text;
0
h. Section 52.1186(c)(1) introductory text;
0
i. Section 52.1187(b)(1) introductory text;
0
j. Section 52.1584(c)(1) introductory text;
0
k. Section 52.1585(b)(1) introductory text;
0
l. Section 52.2240(c)(1) introductory text;
0
m. Section 52.2241(b)(1) introductory text;
0
n. Section 52.2283(b)(1) introductory text;
0
o. Section 52.2284(b)(1) introductory text;
0
p. Section 52.2587(c)(1) introductory text; and
0
q. Section 52.2588(b)(1) introductory text.
Sec. Sec. 52.35, 52.440, 52.484, 52.984, 52.1186, 52.1584, 52.2240,
52.2283, and 52.2587 [Amended]
0
8. Part 52 is further amended by removing ``November 7, 2011'' and
adding in its place March 3, 2015'' in the following places:
0
a. Section 52.35(f)(3) and (4);
0
b. Section 52.440(c)(3) and (4);
0
c. Section 52.484(c)(3) and (4);
0
d. Section 52.984(c)(3) and (4);
0
e. Section 52.1186(c)(3) and (4);
0
f. Section 52.1584(c)(3) and (4);
0
g. Section 52.2240(c)(3) and (4);
0
h. Section 52.2283(b)(3); and
0
i. Section 52.2587(c)(3) and (4).
Sec. Sec. 52.38 and 52.39 [Amended]
0
9. Sections 52.38 and 52.39 are amended as follows:
0
a. By removing ``2020'' wherever it appears and adding in its place
``2023'';
0
b. By removing ``2019'' wherever it appears and adding in its place
``2022'';
0
c. By removing ``2018'' wherever it appears and adding in its place
``2021'';
0
d. By removing ``2017'' wherever it appears and adding in its place
``2020'';
0
e. By removing ``2016'' wherever it appears and adding in its place
``2019'';
0
f. By removing ``2015'' wherever it appears and adding in its place
``2018'';
0
g. By removing ``2014'' wherever it appears and adding in its place
``2017'';
0
h. By removing ``2013'' wherever it appears and adding in its place
``2016''; and
0
i. By removing ``2012'' wherever it appears and adding in its place
``2015''.
PART 97--FEDERAL NOX BUDGET TRADING PROGRAM AND CAIR
NOX AND SO2 TRADING PROGRAMS
0
10. The authority citation for part 97 continues to read as follows:
Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.
[[Page 71672]]
Sec. Sec. 97.406, 97.506, 97.606, and 97.706 [Amended]
0
11. Sections 97.406, 97.506, 97.606, and 97.706 are amended as follows:
0
a. By removing ``2014'' wherever it appears and adding in its place
``2017''; and
0
b. By removing ``2012'' wherever it appears and adding in its place
``2015''.
Sec. Sec. 97.410, 97.510, 97.610, and 97.710 [Amended]
0
12. Sections 97.410, 97.510, 97.610, and 97.710 are amended as follows:
0
a. By removing ``2014'' wherever it appears and adding in its place
``2017'';
0
b. By removing ``2013'' wherever it appears and adding in its place
``2016''; and
0
c. By removing ``2012'' wherever it appears and adding in its place
``2015''.
Sec. Sec. 97.411, 97.511, 97.611, and 97.711 [Amended]
0
13. Sections 97.411, 97.511, 97.611, and 97.711 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place
``2015''; and
0
b. By removing ``after 2011'' wherever it appears and adding in its
place ``after 2014''.
Sec. Sec. 97.412, 97.512, 97.612, and 97.712 [Amended]
0
14. Sections 97.412, 97.512, 97.612, and 97.712 are amended by removing
``2012'' wherever it appears and adding in its place ``2015''.
Sec. Sec. 97.421, 97.521, 97.621, and 97.721 [Amended]
0
15. Sections 97.421, 97.521, 97.621, and 97.721 are amended as follows:
0
a. By removing ``2019'' wherever it appears and adding in its place
``2022'';
0
b. By removing ``2018'' wherever it appears and adding in its place
``2021'';
0
c. By removing ``2017'' wherever it appears and adding in its place
``2020'';
0
d. By removing ``2016'' wherever it appears and adding in its place
``2019'';
0
e. By removing ``2015'' wherever it appears and adding in its place
``2018'';
0
f. By removing ``2014'' wherever it appears and adding in its place
``2017'';
0
g. By removing ``2013'' wherever it appears and adding in its place
``2016''; and
0
h. By removing ``2012'' wherever it appears and adding in its place
``2015''.
Sec. Sec. 97.425, 97.525, 97.625, and 97.725 [Amended]
0
16. Sections 97.425, 97.525, 97.625, and 97.725 are amended by removing
``2015'' wherever it appears and adding in its place ``2018''.
Sec. Sec. 97.430, 97.530, 97.630, and 97.730 [Amended]
0
17. Sections 97.430, 97.530, 97.630, and 97.730 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place
``2015''; and
0
b. By removing ``July 1, 2011'' wherever it appears and adding in its
place ``July 1, 2014''.
Sec. Sec. 97.434, 97.534, 97.634, and 97.734 [Amended]
0
18. Sections 97.434, 97.534, 97.634, and 97.734 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place
``2015'';
0
b. By removing ``the third or fourth quarter of 2011'' wherever it
appears and adding in its place ``the third or fourth quarter of
2014''; and
0
c. By removing ``July 1, 2011'' wherever it appears and adding in its
place ``July 1, 2014''.
[FR Doc. 2014-28286 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P
