Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution Rule, 44292-44297 [2015-18217]
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Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
40 CFR Part 52
[EPA–R04–OAR–2015–0313; FRL–9931–24–
Region 4]
Approval and Promulgation of
Implementation Plans for the State of
Alabama: Cross-State Air Pollution
Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the State of Alabama’s
March 27, 2015, State Implementation
Plan (SIP) revision, submitted by the
Alabama Department of Environmental
Management (ADEM). This SIP revision
provides Alabama’s state-determined
allowance allocations for existing
electric generating units (EGUs) in the
State for the 2016 control periods and
replaces the allowance allocations for
the 2016 control periods established by
EPA under the Cross-State Air Pollution
Rule (CSAPR). The CSAPR addresses
the ‘‘good neighbor’’ provision of the
Clean Air Act (CAA or Act) that requires
states to reduce the transport of
pollution that significantly affects
downwind nonattainment and
maintenance areas. In this direct final
action, EPA is approving Alabama’s SIP
revision, incorporating the statedetermined allocations for the 2016
control periods into the SIP, and
amending the regulatory text of the
CSAPR Federal Implementation Plan
(FIP) to reflect this approval and
inclusion of the state-determined
allocations. The CSAPR FIPs for
Alabama remain in place until such
time as the State decides to replace the
FIPs with a SIP revision to allocate
trading program allowances for control
periods 2017 and beyond. EPA is taking
direct final action to approve Alabama’s
SIP revision because it meets the
requirements of the CAA and the
CSAPR requirements to replace EPA’s
allowance allocations for the 2016
control periods. This action is being
taken pursuant to the CAA and its
implementing regulations.
DATES: This direct final rule is effective
September 25, 2015 without further
notice, unless EPA receives adverse
comment by August 26, 2015. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0313, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–
0313,’’ Air Regulatory Management
Section (formerly Regulatory
Development Section), Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch (formerly Air
Planning Branch), Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s 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–R04–OAR–2015–
0313. 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. 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
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
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able to consider your comment.
Electronic files should not have special
characters or any form of encryption,
and be free of any defects or viruses. For
additional information about EPA’s
public docket visit the EPA Docket
Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Twunjala Bradley, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Twunjala Bradley can be reached by
phone at (404) 562–9352 or via
electronic mail at bradley.twunjala@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
EPA is taking direct final action to
approve Alabama’s March 27, 2015, SIP
revision submitted by ADEM that
narrowly modifies the allocations of
allowances established by EPA under
the CSAPR FIPs for existing EGUs for
the 2016 control periods.1 The CSAPR
allows a subject state, instead of EPA, to
allocate allowances under the SO2, NOX
annual, and NOX ozone season trading
programs to existing EGUs in the State
for the 2016 control periods provided
that the state meets certain regulatory
1 Federal Implementation Plans: Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals; August 8, 2011 (76 FR
48208).
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requirements.2 EPA issued the CSAPR
on August 8, 2011, to address CAA
section 110(a)(2)(D)(i)(I) requirements
concerning the interstate transport of air
pollution and to replace the Clean Air
Interstate Rule 3 (CAIR), which the
United States Court of Appeals for the
District of Columbia Circuit (D.C.
Circuit) remanded to EPA for
replacement.4 EPA found that emissions
of SO2 and NOX in 28 eastern,
midwestern, and southern states
contribute significantly to
nonattainment or interfere with
maintenance in one or more downwind
states with respect to one or more of
three air quality standards—the annual
PM2.5 NAAQS promulgated in 1997 5 (15
micrograms per cubic meter (mg/m3), the
24-hour PM2.5 NAAQS promulgated in
2006 6 (35 mg/m3), and the 8-hour ozone
NAAQS promulgated in 1997 7 (0.08
parts per million). The CSAPR
identified emission reduction
responsibilities of upwind states, and
also promulgated enforceable FIPs to
achieve the required emission
reductions in each of these states
through cost effective and flexible
requirements for power plants.
Alabama is subject to the FIPs that
implement the CSAPR and require
certain EGUs to participate in the EPAadministered federal SO2, NOX annual,
and NOX ozone season cap-and trade
programs. Alabama’s March 27, 2015,
SIP revision allocates state-determined
allowances under the CSAPR to existing
EGUs in the State for the 2016 control
periods only, utilizing the same
methodology EPA established to
allocate unit-specific allowances under
the CSAPR FIPs, but allowing for
modifications to specific aspects of the
allocation methodology to address the
State’s and source owners/operators
unique implementation situations.
Alabama’s SIP revision includes statedetermined allocations for the CSAPR
NOX (annual and ozone season) and SO2
trading programs, and complies with the
2016 allocation SIP requirements set
forth at 40 CFR 52.38 and 52.39. Under
these regulations, a state may replace
2 The CSAPR is implemented in two Phases (I and
II) with Phase I referring to 2015 and 2016 control
periods, and Phase II consisting of 2017 and beyond
control periods.
3 Rule To Reduce Interstate Transport of Fine
Particulate Matter and Ozone Clean Air Interstate
Rule; Revisions to Acid Rain Program; Revisions to
the NOX SIP Call; May 12, 2005 (70 FR 25162).
4 North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008), modified on reh’g by 550 F.3d 1176.
5 National Ambient Air Quality Standards for
Particulate Matter; July 18, 1997 (62 FR 36852).
6 National Ambient Air Quality Standards for
Particulate Matter; October 17, 2006 (71 FR 61144).
7 National Ambient Air Quality Standards for
Ozone; July 18, 1997 (62 FR 38856).
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EPA’s CSAPR allowance allocations for
existing EGUs for the 2016 control
periods provided that the state submits
a SIP revision containing those
allocations to EPA no later than April 1,
2015 that meets the requirements in 40
CFR 52.38 and 52.39.
Through this action, EPA is approving
Alabama’s March 27, 2015, SIP revision,
incorporating the allocations into the
SIP, and amending the CSAPR FIP’s
regulatory text for Alabama at 40 CFR
52.54 and 52.55 to reflect this approval
and inclusion of the state-determined
allowance allocation for the 2016
control periods. EPA is not making any
other changes to the CSAPR FIPs for
Alabama in this action. The CSAPR FIPs
for Alabama remain in place until such
time the State decides to replace the
FIPs with a SIP revision to allocate
trading program allowances for control
periods 2017 and beyond. EPA is taking
direct final action to approve Alabama’s
March 27, 2015, SIP submission because
it complies with the CAA and the
CSAPR. Below is a summary of the
provisions allowing a state to submit
SIP revisions to EPA to modify the 2016
allowance allocations. For more detailed
information on the CSAPR, refer to the
August 8, 2011, preamble and other
subsequent related rulemakings
referenced throughout this rulemaking.
II. 2016 CSAPR SIPs
The CSAPR allows states to make
2016 allowance allocations through
submittal of a complete SIP revision that
is narrower in scope than an abbreviated
or full SIP submission states use to
replace the FIPs and/or to make
allocation decisions for 2017 and
beyond. Pursuant to the CSAPR, a state
may adopt and include in a SIP revision
for the 2016 control period a list of units
and the amount of allowances allocated
to each unit on the list, provided the list
of units and allocations meets specific
requirements set forth in 40 CFR
52.38(a)(3) and (b)(3) and 52.39(d) and
(g) for NOX and SO2, respectively. See
40 CFR 52.38 and 52.39. If these
requirements are met, the Administrator
will approve the allowance allocation
provisions replacing the provisions in
40 CFR part 97 for the State. SIP
revisions under this expedited process
may only allocate each state budget
minus the new unit set-aside and the
Indian country new unit set-aside. For
states subject to multiple trading
programs, options are available to
submit 2016 state-determined
allocations for one or more of the
applicable trading programs while
leaving unchanged the EPA-determined
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allocations for 2016 in the remaining
applicable trading programs.8
In developing this procedure, EPA set
deadlines for submitting the SIP
revisions for 2016 allocations and for
recordation of the allocations that
balanced the need to record allowances
sufficiently ahead of the control periods
with the desire to allow state flexibility
for 2016 control periods. These
deadlines allow sufficient time for EPA
to review and approve these SIP
revisions, taking into account that EPA
approval must be final and effective
before the 2016 allocations can be
recorded and the allowances are
available for trading. The CSAPR set an
October 17, 2011 deadline for states to
notify EPA of their intent to submit
these SIP revisions modifying allowance
allocations for the second control
periods (except with respect to the
changes established in the
Supplemental Rule) and replace the
provisions of the CSAPR FIPs (40 CFR
part 97) with regard to the State and the
control periods in 2016 with a list of
EGUs and the amount of allowances
allocated to each. See 40 CFR 52.38 and
52.39.9
Twelve states, including Alabama,
notified EPA by the deadline of their
intentions to submit their 2013
allocation SIPs to EPA by April 1, 2012,
for the second control periods.10
However, pursuant to EPA’s December
3, 2014, Interim Final Rule, the deadline
to submit these SIPs was tolled for three
years, in effect requiring states,
including Alabama, to submit a 2016
state-determined allocation SIP by April
1, 2015, for the CSAPR 2016 control
periods.11 Each state may submit a SIP
to allocate state-determined allowances
for the 2016 control periods provided it
8 States can also submit SIP revisions to replace
EPA-determined, existing unit allocations with
state-determined allocations for control periods
after 2016 via a separate process described at 40
CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and
52.39(e), (f), (h) and (i). See also Preamble of the
CSAPR and Interim Final Rule (76 FR 48208 and
79 FR 71663).
9 Alabama informed EPA of their intention in a
letter dated September 16, 2011. For the five states
(Iowa, Michigan, Missouri, Oklahoma, and
Wisconsin) covered in the Supplemental Rule in
the case of ozone season NOX, March 6, 2012, was
the date by which notifications of intentions to
submit state allocations were due to the
Administrator. See 76 FR 80760, 79 FR 71663 and
40 CFR 52.38(b)(3)(v). Note that the March 6, 2012
deadline for such notifications was modified by the
December 3, 2014 Interim Final Rule to March 6,
2015. See 79 FR 71671.
10 The docket for this action contains Alabama’s
September 16, 2011 letter notifying EPA of its
intention to submit a SIP revision.
11 In the case of ozone season NO , SIP revisions
X
to address 2016 allocations for the five states
covered by the Supplemental Rule are due by
October 1, 2015. See 40 CFR 52.38(b)(3)(v)(B).
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Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
meets the following requirements
pursuant to 40 CFR 52.38 and 52.39:
• Notify the EPA Administrator by
October 17, 2011, of intent to submit
state allocations for the 2016 control
periods (formerly 2013) in a format
specified by the Administrator. See 40
CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A),
52.39(d)(5)(i), and 52.39(g)(5)(i).
• Submit to EPA the state-determined
allocation list SIP revision modifying
allowance allocations for the 2016
control periods no later than April 1,
2015. See 40 CFR 52.38(a)(3)(v)(B),
52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and
52.39(g)(5)(ii).
• Provide a 2016 state-determined
allocation list only for units within the
State that commenced commercial
operation before January 1, 2010. See 40
CFR 52.38(a)(3)(i), 52.38(b)(3)(i),
52.39(d)(1), and 52.39(g)(1).
• Ensure the sum of the statedetermined allocations are equal to or
are less than the total state budget for
2016 minus the sum of the new unit setaside and the Indian country new unit
set-aside. See 40 CFR 52.38(a)(3)(ii),
52.38(b)(3)(ii), 52.39(d)(2), and
52.39(g)(2).
• Submit the 2016 state-determined
allowance allocation list as a SIP
revision electronically to EPA in the
format specified by the Administrator.
See 40 CFR 52.38(a)(3)(iii),
52.38(b)(3)(iii), 52.39(d)(3), and
52.39(g)(3).
• Confirm that the SIP revision does
not provide for any changes to the listed
units or allocations after approval of the
SIP revision by EPA and does not
provide for any change to any allocation
determined and recorded by the
Administrator under subpart AAAAA,
BBBBB, CCCCC, or DDDDD of 40 CFR
part 97. See 40 CFR 52.38(a)(3)(iv),
52.38(b)(3)(iv), 52.39(d)(4), and
52.39(g)(4).
Additionally, these narrow SIP
revisions for the 2016 state-determined
allocations are required to comply with
SIP completeness elements set forth in
40 CFR part 51, appendix V (i.e.,
conduct adequate public notice of the
submission, provide evidence of legal
authority to adopt SIP revisions, and
ensure the SIP is submitted to EPA by
the State’s Governor or his/her
designee). If a qualified state (i.e., one of
the twelve states that met the October
17, 2011, notification deadline) submits
to EPA a 2016 CSAPR SIP by April 1,
2015, meeting all the above-described
requirements and EPA approves the SIP
submission by October 1, 2015, EPA
will record state-determined allocations
for 2016 by October 1, 2015, into the
Allowance Management System (AMS).
Alabama’s March 27, 2015, SIP
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submission addresses the
aforementioned requirements allowing a
state to allocate 2016 CSAPR allowances
for the annual and ozone season NOX
and Group 2 SO2 trading programs.
EPA’s analysis of Alabama’s SIP
submission is explained below in
section III.
III. What is EPA’s analysis of
Alabama’s SIP submission?
On March 27, 2015, Alabama
submitted a SIP revision intended to
replace the CSAPR FIP allocations of
Transport Rule (TR) NOX annual, TR
NOX Ozone season, and TR SO2 Group
2 allowances for the 2016 control
periods. For approval, this SIP revision
must meet the specific requirements
found in 40 CFR 52.38(a)(1) through (3),
(b)(1) through (3), and 52.39(a), (c), and
(g) described above. The following is a
list of criteria under 40 CFR 52.38 and
.39, described in Part II of this
document, and the results of EPA’s
analysis of Alabama’s SIP revision:
A. A complete SIP revision must be
submitted to EPA no later than April 1,
2015 (40 CFR 52.38(a)(3)(v)(B),
52.38(b)(3)(v)(B), and 52.39(g)(5)(ii)).
EPA has reviewed the March 27, 2015
submittal from Alabama and found it to
be complete. This submittal satisfies the
applicable elements of SIP completeness
set forth in appendix V to 40 CFR part
51.
B. Notification from a State to EPA
must be received by October 17, 2011,
or March 6, 2015, in the case of ozone
season NOX SIP revisions for states
covered by the December 27, 2011
Supplemental Rule (76 FR 80760), of its
intent to submit a complete SIP revision
for 2016 existing unit allocations (40
CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A),
52.39(d)(5)(i), and 52.39(g)(5)(i)).
On September 16, 2011, Alabama
notified EPA via a letter of the State’s
intent to submit complete SIP revisions
for allocating TR NOX Annual, TR NOX
Ozone season, and TR SO2 Group 2
allowances to existing units (i.e., units
that commenced commercial operation
before January 1, 2010). Although the
letter indicates that that the State
intended to submit the SIP revisions by
the April 2, 2012 12 deadline addressing
the allocation of TR allowances for the
2013 control periods, these dates have
been tolled by three years in the Interim
Final Rule (79 FR 71663, December 3,
2014. See footnote 5.). The September
12 The original requirement to submit a complete
SIP to EPA was by April 1, 2012 (as per 40 CFR
52.38(a)(3)(v)(B)). However, April 1, 2012 was a
Sunday, thus, the notification from the State
indicates that the State intended to submit the SIP
revisions by April 2, 2012, rather than April 1,
2012.
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16, 2011 letter submitted by Alabama
notifying EPA of the State’s intent to
submit revised CSAPR SIPs submittal
satisfies the requirements of 40 CFR
52.38(a)(3)(A), 52.38(b)(3)(A), and
52.39(g)(5)(i).
C. The SIP revision should include a
list of TR NOX Annual, TR NOX Ozone
Season, TR SO2 Group 1 or Group 2
units, whichever is applicable, that are
in the State and commenced
commercial operation before January 1,
2010 (40 CFR 52.38(a)(3)(i),
52.38(b)(3)(i), 52.39(d)(1), and
52.39(g)(1)).
As part of Alabama’s SIP revision, the
State submitted a list of units to be
allocated TR NOX Annual, TR NOX
Ozone Season, and TR SO2 Group 2
allowances for the 2016 control periods.
The list identifies the same units as
were identified in the notice of data
availability (NODA) published by EPA
on December 3, 2014 (79 FR 71674).
Hence, EPA has determined that each
unit on the list submitted by Alabama
as part of the SIP revision is located in
the State of Alabama and had
commenced commercial operation
before January 1, 2010.
D. The total amount of TR NOX
annual, TR NOX Ozone Season, or TR
SO2 Group 1 or Group 2 allowance
allocations, whichever is applicable,
must not exceed the amount, under 40
CFR 97.410(a), 97.510(a), 97.610(a),
97.710(a), whichever is applicable for
the State and the control periods in
2016, of TR NOX Annual, TR NOX
Ozone Season, TR SO2 Group 1 or
Group 2 trading budget minus the sum
of the new unit set-aside and Indian
country new unit set-aside (40 CFR
52.38(a)(3)(ii), 52.38(b)(3)(ii),
52.39(d)(2), and 52.39(g)(2)).
The CSAPR established the budgets
and new unit set-asides for Alabama for
the 2016 control periods as 72,691 tons
for TR NOX annual emissions and 1,454
tons for TR NOX Annual new unit setaside; 31,746 tons for TR NOX ozone
season emissions and 635 tons for the
TR NOX ozone season new unit setaside; 216,033 tons for TR SO2 Group 2
emissions and 4,321 for the TR SO2
Group 2 new unit set-aside. Alabama’s
SIP revision, for approval in this action,
does not affect these budgets, which are
total amount of allowances available for
allocation for the 2016 control periods
under the EPA-administered cap-andtrade program under the CSAPR FIPs. In
short, the abbreviated SIP revision only
affects allocations of allowances under
the established budgets.
The Alabama SIP revision allocating
TR NOX annual allowances for the 2016
control period does not exceed the
budget under 40 CFR 97.410(a) minus
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the new unit set-aside (72,691 tons ¥
1,454 = 71,237).13 The Alabama SIP
revision allocates 71,234 TR NOX
annual allowances to existing units in
the State. EPA will place the 1,457
unallocated allowances from the
Alabama CSAPR 2016 budget into the
TR NOX annual new unit set-aside for
the 2016 control period.
The Alabama SIP revision allocating
TR NOX ozone season allowances for
the 2016 control period does not exceed
the budget under § 97.510(a) minus the
new unit set-aside (31,746 tons ¥ 635
tons = 31,111).14 The Alabama SIP
revision allocates 31,107 TR NOX ozone
season allowances to existing units in
the State. EPA will place the 639
unallocated allowances from the
Alabama CSAPR 2016 budget into the
TR NOX ozone season new unit setaside for the 2016 control period.
The Alabama SIP revision allocating
TR SO2 Group 2 allowances for the 2016
control period exceeds, by a very small
number of allowances (three) due to
rounding, the budget under § 97.710(a)
minus the new unit set-aside (216,033
tons ¥ 4,321 tons = 211,712).15 The
Alabama SIP revision allocates 211,715
TR SO2 Group 2 allowances to existing
units in the State. However, EPA notes
that proportionately, three allowances is
a tiny fraction of the overall new unit
set-aside budget for new Group 2 SO2
units in Alabama (approximately
0.07%). In addition, for 2015, none of
the 4,318 Group 2 SO2 allowances
available to allocate to new units have
been allocated due to a dearth of
qualifying new units in Alabama, and it
appears highly likely this will be the
case again in 2016 (i.e., it is very likely
these allowances will not be needed by
new units in Alabama in 2016). EPA
therefore does not believe the extra
three allowances allocated to Alabama’s
existing CSAPR units in 2016 should
weigh negatively in EPA’s evaluation of
the State’s 2016 CSAPR SIP submittal,
and will enter 4,318 allowances from
the Alabama CSAPR 2016 budget into
the TR SO2 Group 2 new unit set-aside
for the 2016 control period.16
13 The State of Alabama does not have a budget
under 40 CFR 97.410(a) for a NOX Annual Indian
Country new unit set-aside for the 2016 control
period.
14 The State of Alabama does not have a budget
under 40 CFR 97.510(a) for a NOX Ozone Season
Indian Country new unit set-aside for the 2016
control period.
15 The State of Alabama does not have a budget
under 40 CFR 97.710(a) for a Group 2 SO2 Indian
Country new unit set-aside for the 2016 control
period.
16 The quantities of allowances to be allocated
through this process may differ slightly from the
amounts set forth in 40 CFR 97.410(a), 97.510(a),
97.610(a), and 97.710(a) because of rounding in the
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E. The list should be submitted
electronically in the format specified by
the EPA (40 CFR 52.38(a)(3)(iii),
52.38(b)(3)(iii), 52.39(d)(3), and
52.39(g)(3)).
On March 27, 2015, EPA received an
email submittal from Alabama in the
format requested.
F. The SIP revision should provide a
permanent allocation for the units on
the list for 2016 (40 CFR 52.38(a)(3)(iv),
52.38(b)(3)(iv), and 52.39(g)(4)).
The Alabama SIP revision does not
provide for any changes to the listed
units or allocations after approval of the
SIP revision and do not provide for any
change to any allocation determined
and recorded by the Administrator
under subpart AAAAA, BBBBB, or
DDDDD of 40 CFR part 97.
For the reasons discussed above,
Alabama’s SIP submission complies
with the 2016 SIP allocation
requirements as codified at 40 CFR
52.38 and 52.39 and established in the
CSAPR FIPs. Through this action, EPA
is approving Alabama’s March 27, 2015,
SIP revision, incorporating the
allocations into the SIP, and amending
the CSAPR FIPs’ regulatory text for
Alabama at 40 CFR 52.54 and 52.55 to
reflect this approval and inclusion of
the state-determined allowance
allocation for the 2016 control periods.
EPA is not making any other changes to
the CSAPR FIPs for Alabama in this
action. EPA is taking final action to
approve Alabama’s March 27, 2015, SIP
revision because it is in accordance with
the CAA and its implementing
regulations.
IV. Final Action
EPA is taking final action to approve
Alabama’s March 27, 2015, CSAPR SIP
revision that provides Alabama’s statedetermined allowance allocations for
existing EGUs in the State for the 2016
control periods to replace the allowance
allocations for the 2016 control periods
established by EPA under CSAPR.
Consistent with the flexibility given to
states in the CSAPR FIPs at 40 CFR
52.38 and 52.39, Alabama’s SIP revision
allocates state-determined allowances to
existing EGUs in the State under the
CSAPR’s NOX annual and ozone season
and SO2 Group 2 trading programs.
Alabama’s SIP revision meets the
applicable requirements in 40 CFR
52.38 for NOX annual and NOX ozone
season emissions, and 40 CFR 52.39 for
Group 2 SO2 emissions. EPA is
approving Alabama’s SIP revision
because it is in accordance with the
CAA and its implementing regulations.
spreadsheet of CSAPR FIP allowance allocations to
existing units.
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44295
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective September 25,
2015 without further notice unless the
Agency receives adverse comments by
August 26, 2015.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on September 25,
2015 and no further action will be taken
on the proposed rule.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
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27JYR1
44296
Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 25, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 15, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(e) is amended by
adding an entry for ‘‘Cross State Air
Pollution Rule—State-Determined
Allowance Allocations for the 2016
control periods’’ at the end of the table
to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or nonattainment area
*
*
Cross State Air Pollution Rule—
State-Determined
Allowance
Allocations for the 2016 control
periods.
*
Alabama .......................................
3. Section 52.54 is amended by adding
paragraphs (a)(3) and (b)(3) to read as
follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 52.54 Interstate pollutant transport
provisions; What are the FIP requirements
for decreases in emissions of nitrogen
oxides?
(a) * * *
(3) Pursuant to § 52.38(a), Alabama’s
state-determined NOX annual allowance
allocations established in the March 27,
2015, SIP revision replace the unit level
NOX annual allowance provisions of the
CSAPR FIP at 40 CFR 97.411(a) for the
State for the 2016 control period with a
list of NOX annual units that
VerDate Sep<11>2014
16:00 Jul 24, 2015
Jkt 235001
State submittal
date/effective
date
*
3/27/2014
EPA approval date
*
*
7/27/2015 [Insert Federal
Register citation].
commenced operation prior to January
1, 2010, in the State and the amount of
state-determined NOX annual
allowances allocated to each unit on
such list, for the 2016 control period as
approved by EPA on July 27, 2015
[Insert citation of publication].
(b) * * *
(3) Pursuant to § 52.38(b), Alabama’s
state-determined NOX ozone season
allocations established in the March 27,
2015, SIP revision replace the unit level
NOX ozone season allowance provisions
of the CSAPR FIP at 40 CFR 97.511(a)
for the State for the 2016 control period
with a list of NOX ozone season units
PO 00000
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Explanation
*
that commenced operation prior to
January 1, 2010, in the State and the
amount of state-determined NOX ozone
season allowances allocated to each unit
on such list, for the 2016 control period
as approved by EPA on July 27, 2015
[Insert citation of publication].
■ 4. Section 52.55 is amended by adding
paragraph (c) to read as follows:
§ 52.55 Interstate pollutant transport
provisions; What are the FIP requirements
for decreases in emissions of sulfur
dioxide?
*
*
*
*
*
(c) Pursuant to § 52.39(g), Alabama’s
state-determined Group 2 SO2
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27JYR1
Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
allowance allocations established in the
March 27, 2015, SIP revision replace the
unit level Group 2 SO2 allowance
provisions of the CSAPR FIP at 40 CFR
97.711(a) for the State for the 2016
control period with a list of Group 2 SO2
units that commenced operation prior to
January 1, 2010, in the State and the
amount of state-determined SO2
allowances allocated to each unit on
such list, for the 2016 control period as
approved by EPA on July 27, 2015
[Insert citation of publication].
[FR Doc. 2015–18217 Filed 7–24–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2015–0001; Internal
Agency Docket No. FEMA–8391]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Bret Gates, Federal
Insurance and Mitigation
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:00 Jul 24, 2015
Jkt 235001
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4133.
The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00047
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44297
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for Part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
E:\FR\FM\27JYR1.SGM
27JYR1
]]>Agencies
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44292-44297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18217]
[[Page 44292]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0313; FRL-9931-24-Region 4]
Approval and Promulgation of Implementation Plans for the State
of Alabama: Cross-State Air Pollution Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the State of Alabama's March 27, 2015, State
Implementation Plan (SIP) revision, submitted by the Alabama Department
of Environmental Management (ADEM). This SIP revision provides
Alabama's state-determined allowance allocations for existing electric
generating units (EGUs) in the State for the 2016 control periods and
replaces the allowance allocations for the 2016 control periods
established by EPA under the Cross-State Air Pollution Rule (CSAPR).
The CSAPR addresses the ``good neighbor'' provision of the Clean Air
Act (CAA or Act) that requires states to reduce the transport of
pollution that significantly affects downwind nonattainment and
maintenance areas. In this direct final action, EPA is approving
Alabama's SIP revision, incorporating the state-determined allocations
for the 2016 control periods into the SIP, and amending the regulatory
text of the CSAPR Federal Implementation Plan (FIP) to reflect this
approval and inclusion of the state-determined allocations. The CSAPR
FIPs for Alabama remain in place until such time as the State decides
to replace the FIPs with a SIP revision to allocate trading program
allowances for control periods 2017 and beyond. EPA is taking direct
final action to approve Alabama's SIP revision because it meets the
requirements of the CAA and the CSAPR requirements to replace EPA's
allowance allocations for the 2016 control periods. This action is
being taken pursuant to the CAA and its implementing regulations.
DATES: This direct final rule is effective September 25, 2015 without
further notice, unless EPA receives adverse comment by August 26, 2015.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0313, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2015-0313,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch
(formerly Air Planning Branch), Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's 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-R04-OAR-
2015-0313. 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 through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
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 not have special characters or any form of encryption, and
be free of any defects or viruses. For additional information about
EPA's public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Twunjala Bradley can be reached by phone at (404) 562-
9352 or via electronic mail at bradley.twunjala@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
EPA is taking direct final action to approve Alabama's March 27,
2015, SIP revision submitted by ADEM that narrowly modifies the
allocations of allowances established by EPA under the CSAPR FIPs for
existing EGUs for the 2016 control periods.\1\ The CSAPR allows a
subject state, instead of EPA, to allocate allowances under the
SO2, NOX annual, and NOX ozone season
trading programs to existing EGUs in the State for the 2016 control
periods provided that the state meets certain regulatory
[[Page 44293]]
requirements.\2\ EPA issued the CSAPR on August 8, 2011, to address CAA
section 110(a)(2)(D)(i)(I) requirements concerning the interstate
transport of air pollution and to replace the Clean Air Interstate Rule
\3\ (CAIR), which the United States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) remanded to EPA for replacement.\4\
EPA found that emissions of SO2 and NOX in 28
eastern, midwestern, and southern states contribute significantly to
nonattainment or interfere with maintenance in one or more downwind
states with respect to one or more of three air quality standards--the
annual PM2.5 NAAQS promulgated in 1997 \5\ (15 micrograms
per cubic meter ([micro]g/m\3\), the 24-hour PM2.5 NAAQS
promulgated in 2006 \6\ (35 [micro]g/m\3\), and the 8-hour ozone NAAQS
promulgated in 1997 \7\ (0.08 parts per million). The CSAPR identified
emission reduction responsibilities of upwind states, and also
promulgated enforceable FIPs to achieve the required emission
reductions in each of these states through cost effective and flexible
requirements for power plants.
---------------------------------------------------------------------------
\1\ Federal Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals; August
8, 2011 (76 FR 48208).
\2\ The CSAPR is implemented in two Phases (I and II) with Phase
I referring to 2015 and 2016 control periods, and Phase II
consisting of 2017 and beyond control periods.
\3\ Rule To Reduce Interstate Transport of Fine Particulate
Matter and Ozone Clean Air Interstate Rule; Revisions to Acid Rain
Program; Revisions to the NOX SIP Call; May 12, 2005 (70
FR 25162).
\4\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008),
modified on reh'g by 550 F.3d 1176.
\5\ National Ambient Air Quality Standards for Particulate
Matter; July 18, 1997 (62 FR 36852).
\6\ National Ambient Air Quality Standards for Particulate
Matter; October 17, 2006 (71 FR 61144).
\7\ National Ambient Air Quality Standards for Ozone; July 18,
1997 (62 FR 38856).
---------------------------------------------------------------------------
Alabama is subject to the FIPs that implement the CSAPR and require
certain EGUs to participate in the EPA-administered federal
SO2, NOX annual, and NOX ozone season
cap-and trade programs. Alabama's March 27, 2015, SIP revision
allocates state-determined allowances under the CSAPR to existing EGUs
in the State for the 2016 control periods only, utilizing the same
methodology EPA established to allocate unit-specific allowances under
the CSAPR FIPs, but allowing for modifications to specific aspects of
the allocation methodology to address the State's and source owners/
operators unique implementation situations. Alabama's SIP revision
includes state-determined allocations for the CSAPR NOX
(annual and ozone season) and SO2 trading programs, and
complies with the 2016 allocation SIP requirements set forth at 40 CFR
52.38 and 52.39. Under these regulations, a state may replace EPA's
CSAPR allowance allocations for existing EGUs for the 2016 control
periods provided that the state submits a SIP revision containing those
allocations to EPA no later than April 1, 2015 that meets the
requirements in 40 CFR 52.38 and 52.39.
Through this action, EPA is approving Alabama's March 27, 2015, SIP
revision, incorporating the allocations into the SIP, and amending the
CSAPR FIP's regulatory text for Alabama at 40 CFR 52.54 and 52.55 to
reflect this approval and inclusion of the state-determined allowance
allocation for the 2016 control periods. EPA is not making any other
changes to the CSAPR FIPs for Alabama in this action. The CSAPR FIPs
for Alabama remain in place until such time the State decides to
replace the FIPs with a SIP revision to allocate trading program
allowances for control periods 2017 and beyond. EPA is taking direct
final action to approve Alabama's March 27, 2015, SIP submission
because it complies with the CAA and the CSAPR. Below is a summary of
the provisions allowing a state to submit SIP revisions to EPA to
modify the 2016 allowance allocations. For more detailed information on
the CSAPR, refer to the August 8, 2011, preamble and other subsequent
related rulemakings referenced throughout this rulemaking.
II. 2016 CSAPR SIPs
The CSAPR allows states to make 2016 allowance allocations through
submittal of a complete SIP revision that is narrower in scope than an
abbreviated or full SIP submission states use to replace the FIPs and/
or to make allocation decisions for 2017 and beyond. Pursuant to the
CSAPR, a state may adopt and include in a SIP revision for the 2016
control period a list of units and the amount of allowances allocated
to each unit on the list, provided the list of units and allocations
meets specific requirements set forth in 40 CFR 52.38(a)(3) and (b)(3)
and 52.39(d) and (g) for NOX and SO2,
respectively. See 40 CFR 52.38 and 52.39. If these requirements are
met, the Administrator will approve the allowance allocation provisions
replacing the provisions in 40 CFR part 97 for the State. SIP revisions
under this expedited process may only allocate each state budget minus
the new unit set-aside and the Indian country new unit set-aside. For
states subject to multiple trading programs, options are available to
submit 2016 state-determined allocations for one or more of the
applicable trading programs while leaving unchanged the EPA-determined
allocations for 2016 in the remaining applicable trading programs.\8\
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\8\ States can also submit SIP revisions to replace EPA-
determined, existing unit allocations with state-determined
allocations for control periods after 2016 via a separate process
described at 40 CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and
52.39(e), (f), (h) and (i). See also Preamble of the CSAPR and
Interim Final Rule (76 FR 48208 and 79 FR 71663).
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In developing this procedure, EPA set deadlines for submitting the
SIP revisions for 2016 allocations and for recordation of the
allocations that balanced the need to record allowances sufficiently
ahead of the control periods with the desire to allow state flexibility
for 2016 control periods. These deadlines allow sufficient time for EPA
to review and approve these SIP revisions, taking into account that EPA
approval must be final and effective before the 2016 allocations can be
recorded and the allowances are available for trading. The CSAPR set an
October 17, 2011 deadline for states to notify EPA of their intent to
submit these SIP revisions modifying allowance allocations for the
second control periods (except with respect to the changes established
in the Supplemental Rule) and replace the provisions of the CSAPR FIPs
(40 CFR part 97) with regard to the State and the control periods in
2016 with a list of EGUs and the amount of allowances allocated to
each. See 40 CFR 52.38 and 52.39.\9\
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\9\ Alabama informed EPA of their intention in a letter dated
September 16, 2011. For the five states (Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin) covered in the Supplemental Rule in the
case of ozone season NOX, March 6, 2012, was the date by
which notifications of intentions to submit state allocations were
due to the Administrator. See 76 FR 80760, 79 FR 71663 and 40 CFR
52.38(b)(3)(v). Note that the March 6, 2012 deadline for such
notifications was modified by the December 3, 2014 Interim Final
Rule to March 6, 2015. See 79 FR 71671.
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Twelve states, including Alabama, notified EPA by the deadline of
their intentions to submit their 2013 allocation SIPs to EPA by April
1, 2012, for the second control periods.\10\ However, pursuant to EPA's
December 3, 2014, Interim Final Rule, the deadline to submit these SIPs
was tolled for three years, in effect requiring states, including
Alabama, to submit a 2016 state-determined allocation SIP by April 1,
2015, for the CSAPR 2016 control periods.\11\ Each state may submit a
SIP to allocate state-determined allowances for the 2016 control
periods provided it
[[Page 44294]]
meets the following requirements pursuant to 40 CFR 52.38 and 52.39:
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\10\ The docket for this action contains Alabama's September 16,
2011 letter notifying EPA of its intention to submit a SIP revision.
\11\ In the case of ozone season NOX, SIP revisions
to address 2016 allocations for the five states covered by the
Supplemental Rule are due by October 1, 2015. See 40 CFR
52.38(b)(3)(v)(B).
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Notify the EPA Administrator by October 17, 2011, of
intent to submit state allocations for the 2016 control periods
(formerly 2013) in a format specified by the Administrator. See 40 CFR
52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and
52.39(g)(5)(i).
Submit to EPA the state-determined allocation list SIP
revision modifying allowance allocations for the 2016 control periods
no later than April 1, 2015. See 40 CFR 52.38(a)(3)(v)(B),
52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii).
Provide a 2016 state-determined allocation list only for
units within the State that commenced commercial operation before
January 1, 2010. See 40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i),
52.39(d)(1), and 52.39(g)(1).
Ensure the sum of the state-determined allocations are
equal to or are less than the total state budget for 2016 minus the sum
of the new unit set-aside and the Indian country new unit set-aside.
See 40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and
52.39(g)(2).
Submit the 2016 state-determined allowance allocation list
as a SIP revision electronically to EPA in the format specified by the
Administrator. See 40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii),
52.39(d)(3), and 52.39(g)(3).
Confirm that the SIP revision does not provide for any
changes to the listed units or allocations after approval of the SIP
revision by EPA and does not provide for any change to any allocation
determined and recorded by the Administrator under subpart AAAAA,
BBBBB, CCCCC, or DDDDD of 40 CFR part 97. See 40 CFR 52.38(a)(3)(iv),
52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4).
Additionally, these narrow SIP revisions for the 2016 state-
determined allocations are required to comply with SIP completeness
elements set forth in 40 CFR part 51, appendix V (i.e., conduct
adequate public notice of the submission, provide evidence of legal
authority to adopt SIP revisions, and ensure the SIP is submitted to
EPA by the State's Governor or his/her designee). If a qualified state
(i.e., one of the twelve states that met the October 17, 2011,
notification deadline) submits to EPA a 2016 CSAPR SIP by April 1,
2015, meeting all the above-described requirements and EPA approves the
SIP submission by October 1, 2015, EPA will record state-determined
allocations for 2016 by October 1, 2015, into the Allowance Management
System (AMS). Alabama's March 27, 2015, SIP submission addresses the
aforementioned requirements allowing a state to allocate 2016 CSAPR
allowances for the annual and ozone season NOX and Group 2
SO2 trading programs. EPA's analysis of Alabama's SIP
submission is explained below in section III.
III. What is EPA's analysis of Alabama's SIP submission?
On March 27, 2015, Alabama submitted a SIP revision intended to
replace the CSAPR FIP allocations of Transport Rule (TR) NOX
annual, TR NOX Ozone season, and TR SO2 Group 2
allowances for the 2016 control periods. For approval, this SIP
revision must meet the specific requirements found in 40 CFR
52.38(a)(1) through (3), (b)(1) through (3), and 52.39(a), (c), and (g)
described above. The following is a list of criteria under 40 CFR 52.38
and .39, described in Part II of this document, and the results of
EPA's analysis of Alabama's SIP revision:
A. A complete SIP revision must be submitted to EPA no later than
April 1, 2015 (40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), and
52.39(g)(5)(ii)).
EPA has reviewed the March 27, 2015 submittal from Alabama and
found it to be complete. This submittal satisfies the applicable
elements of SIP completeness set forth in appendix V to 40 CFR part 51.
B. Notification from a State to EPA must be received by October 17,
2011, or March 6, 2015, in the case of ozone season NOX SIP
revisions for states covered by the December 27, 2011 Supplemental Rule
(76 FR 80760), of its intent to submit a complete SIP revision for 2016
existing unit allocations (40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A),
52.39(d)(5)(i), and 52.39(g)(5)(i)).
On September 16, 2011, Alabama notified EPA via a letter of the
State's intent to submit complete SIP revisions for allocating TR
NOX Annual, TR NOX Ozone season, and TR
SO2 Group 2 allowances to existing units (i.e., units that
commenced commercial operation before January 1, 2010). Although the
letter indicates that that the State intended to submit the SIP
revisions by the April 2, 2012 \12\ deadline addressing the allocation
of TR allowances for the 2013 control periods, these dates have been
tolled by three years in the Interim Final Rule (79 FR 71663, December
3, 2014. See footnote 5.). The September 16, 2011 letter submitted by
Alabama notifying EPA of the State's intent to submit revised CSAPR
SIPs submittal satisfies the requirements of 40 CFR 52.38(a)(3)(A),
52.38(b)(3)(A), and 52.39(g)(5)(i).
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\12\ The original requirement to submit a complete SIP to EPA
was by April 1, 2012 (as per 40 CFR 52.38(a)(3)(v)(B)). However,
April 1, 2012 was a Sunday, thus, the notification from the State
indicates that the State intended to submit the SIP revisions by
April 2, 2012, rather than April 1, 2012.
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C. The SIP revision should include a list of TR NOX
Annual, TR NOX Ozone Season, TR SO2 Group 1 or
Group 2 units, whichever is applicable, that are in the State and
commenced commercial operation before January 1, 2010 (40 CFR
52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)).
As part of Alabama's SIP revision, the State submitted a list of
units to be allocated TR NOX Annual, TR NOX Ozone
Season, and TR SO2 Group 2 allowances for the 2016 control
periods. The list identifies the same units as were identified in the
notice of data availability (NODA) published by EPA on December 3, 2014
(79 FR 71674). Hence, EPA has determined that each unit on the list
submitted by Alabama as part of the SIP revision is located in the
State of Alabama and had commenced commercial operation before January
1, 2010.
D. The total amount of TR NOX annual, TR NOX
Ozone Season, or TR SO2 Group 1 or Group 2 allowance
allocations, whichever is applicable, must not exceed the amount, under
40 CFR 97.410(a), 97.510(a), 97.610(a), 97.710(a), whichever is
applicable for the State and the control periods in 2016, of TR
NOX Annual, TR NOX Ozone Season, TR
SO2 Group 1 or Group 2 trading budget minus the sum of the
new unit set-aside and Indian country new unit set-aside (40 CFR
52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2)).
The CSAPR established the budgets and new unit set-asides for
Alabama for the 2016 control periods as 72,691 tons for TR
NOX annual emissions and 1,454 tons for TR NOX
Annual new unit set-aside; 31,746 tons for TR NOX ozone
season emissions and 635 tons for the TR NOX ozone season
new unit set-aside; 216,033 tons for TR SO2 Group 2
emissions and 4,321 for the TR SO2 Group 2 new unit set-
aside. Alabama's SIP revision, for approval in this action, does not
affect these budgets, which are total amount of allowances available
for allocation for the 2016 control periods under the EPA-administered
cap-and-trade program under the CSAPR FIPs. In short, the abbreviated
SIP revision only affects allocations of allowances under the
established budgets.
The Alabama SIP revision allocating TR NOX annual
allowances for the 2016 control period does not exceed the budget under
40 CFR 97.410(a) minus
[[Page 44295]]
the new unit set-aside (72,691 tons - 1,454 = 71,237).\13\ The Alabama
SIP revision allocates 71,234 TR NOX annual allowances to
existing units in the State. EPA will place the 1,457 unallocated
allowances from the Alabama CSAPR 2016 budget into the TR
NOX annual new unit set-aside for the 2016 control period.
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\13\ The State of Alabama does not have a budget under 40 CFR
97.410(a) for a NOX Annual Indian Country new unit set-
aside for the 2016 control period.
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The Alabama SIP revision allocating TR NOX ozone season
allowances for the 2016 control period does not exceed the budget under
Sec. 97.510(a) minus the new unit set-aside (31,746 tons - 635 tons =
31,111).\14\ The Alabama SIP revision allocates 31,107 TR
NOX ozone season allowances to existing units in the State.
EPA will place the 639 unallocated allowances from the Alabama CSAPR
2016 budget into the TR NOX ozone season new unit set-aside
for the 2016 control period.
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\14\ The State of Alabama does not have a budget under 40 CFR
97.510(a) for a NOX Ozone Season Indian Country new unit
set-aside for the 2016 control period.
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The Alabama SIP revision allocating TR SO2 Group 2
allowances for the 2016 control period exceeds, by a very small number
of allowances (three) due to rounding, the budget under Sec. 97.710(a)
minus the new unit set-aside (216,033 tons - 4,321 tons = 211,712).\15\
The Alabama SIP revision allocates 211,715 TR SO2 Group 2
allowances to existing units in the State. However, EPA notes that
proportionately, three allowances is a tiny fraction of the overall new
unit set-aside budget for new Group 2 SO2 units in Alabama
(approximately 0.07%). In addition, for 2015, none of the 4,318 Group 2
SO2 allowances available to allocate to new units have been
allocated due to a dearth of qualifying new units in Alabama, and it
appears highly likely this will be the case again in 2016 (i.e., it is
very likely these allowances will not be needed by new units in Alabama
in 2016). EPA therefore does not believe the extra three allowances
allocated to Alabama's existing CSAPR units in 2016 should weigh
negatively in EPA's evaluation of the State's 2016 CSAPR SIP submittal,
and will enter 4,318 allowances from the Alabama CSAPR 2016 budget into
the TR SO2 Group 2 new unit set-aside for the 2016 control
period.\16\
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\15\ The State of Alabama does not have a budget under 40 CFR
97.710(a) for a Group 2 SO2 Indian Country new unit set-
aside for the 2016 control period.
\16\ The quantities of allowances to be allocated through this
process may differ slightly from the amounts set forth in 40 CFR
97.410(a), 97.510(a), 97.610(a), and 97.710(a) because of rounding
in the spreadsheet of CSAPR FIP allowance allocations to existing
units.
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E. The list should be submitted electronically in the format
specified by the EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii),
52.39(d)(3), and 52.39(g)(3)).
On March 27, 2015, EPA received an email submittal from Alabama in
the format requested.
F. The SIP revision should provide a permanent allocation for the
units on the list for 2016 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv),
and 52.39(g)(4)).
The Alabama SIP revision does not provide for any changes to the
listed units or allocations after approval of the SIP revision and do
not provide for any change to any allocation determined and recorded by
the Administrator under subpart AAAAA, BBBBB, or DDDDD of 40 CFR part
97.
For the reasons discussed above, Alabama's SIP submission complies
with the 2016 SIP allocation requirements as codified at 40 CFR 52.38
and 52.39 and established in the CSAPR FIPs. Through this action, EPA
is approving Alabama's March 27, 2015, SIP revision, incorporating the
allocations into the SIP, and amending the CSAPR FIPs' regulatory text
for Alabama at 40 CFR 52.54 and 52.55 to reflect this approval and
inclusion of the state-determined allowance allocation for the 2016
control periods. EPA is not making any other changes to the CSAPR FIPs
for Alabama in this action. EPA is taking final action to approve
Alabama's March 27, 2015, SIP revision because it is in accordance with
the CAA and its implementing regulations.
IV. Final Action
EPA is taking final action to approve Alabama's March 27, 2015,
CSAPR SIP revision that provides Alabama's state-determined allowance
allocations for existing EGUs in the State for the 2016 control periods
to replace the allowance allocations for the 2016 control periods
established by EPA under CSAPR. Consistent with the flexibility given
to states in the CSAPR FIPs at 40 CFR 52.38 and 52.39, Alabama's SIP
revision allocates state-determined allowances to existing EGUs in the
State under the CSAPR's NOX annual and ozone season and
SO2 Group 2 trading programs. Alabama's SIP revision meets
the applicable requirements in 40 CFR 52.38 for NOX annual
and NOX ozone season emissions, and 40 CFR 52.39 for Group 2
SO2 emissions. EPA is approving Alabama's SIP revision
because it is in accordance with the CAA and its implementing
regulations.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 25,
2015 without further notice unless the Agency receives adverse comments
by August 26, 2015.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 25, 2015 and
no further action will be taken on the proposed rule.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive
[[Page 44296]]
Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 25, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: July 15, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.50(e) is amended by adding an entry for ``Cross State Air
Pollution Rule--State-Determined Allowance Allocations for the 2016
control periods'' at the end of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA Approved Alabama Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA approval date Explanation
provision or nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Cross State Air Pollution Rule-- Alabama.............. 3/27/2014 7/27/2015 [Insert Federal Register
State-Determined Allowance citation].
Allocations for the 2016 control
periods.
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. Section 52.54 is amended by adding paragraphs (a)(3) and (b)(3) to
read as follows:
Sec. 52.54 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a) * * *
(3) Pursuant to Sec. 52.38(a), Alabama's state-determined
NOX annual allowance allocations established in the March
27, 2015, SIP revision replace the unit level NOX annual
allowance provisions of the CSAPR FIP at 40 CFR 97.411(a) for the State
for the 2016 control period with a list of NOX annual units
that commenced operation prior to January 1, 2010, in the State and the
amount of state-determined NOX annual allowances allocated
to each unit on such list, for the 2016 control period as approved by
EPA on July 27, 2015 [Insert citation of publication].
(b) * * *
(3) Pursuant to Sec. 52.38(b), Alabama's state-determined
NOX ozone season allocations established in the March 27,
2015, SIP revision replace the unit level NOX ozone season
allowance provisions of the CSAPR FIP at 40 CFR 97.511(a) for the State
for the 2016 control period with a list of NOX ozone season
units that commenced operation prior to January 1, 2010, in the State
and the amount of state-determined NOX ozone season
allowances allocated to each unit on such list, for the 2016 control
period as approved by EPA on July 27, 2015 [Insert citation of
publication].
0
4. Section 52.55 is amended by adding paragraph (c) to read as follows:
Sec. 52.55 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?
* * * * *
(c) Pursuant to Sec. 52.39(g), Alabama's state-determined Group 2
SO2
[[Page 44297]]
allowance allocations established in the March 27, 2015, SIP revision
replace the unit level Group 2 SO2 allowance provisions of
the CSAPR FIP at 40 CFR 97.711(a) for the State for the 2016 control
period with a list of Group 2 SO2 units that commenced
operation prior to January 1, 2010, in the State and the amount of
state-determined SO2 allowances allocated to each unit on
such list, for the 2016 control period as approved by EPA on July 27,
2015 [Insert citation of publication].
[FR Doc. 2015-18217 Filed 7-24-15; 8:45 am]
BILLING CODE 6560-50-P
