Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Cross-State Air Pollution Rule, 51131-51136 [2015-20774]

Download as PDF Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 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 October 23, 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 today’s 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, Lead, Reporting and recordkeeping requirements. Dated: August 10, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: rmajette on DSK2VPTVN1PROD with RULES 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. 2. Add § 52.746 to subpart O to read as follows: ■ 12:27 Aug 21, 2015 Control strategy: Lead (Pb). (a) Based upon EPA’s review of the air quality data for the 3-year period 2012 to 2014, EPA determined that the Chicago, Illinois lead nonattainment area attained the 2008 Lead National Ambient Air Quality Standard (NAAQS). This clean data determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2008 lead NAAQS. (b) [Reserved] ■ 3. Add § 52.1238 to subpart Y to read as follows: § 52.1238 Control strategy: Lead (Pb). (a) Based upon EPA’s review of the air quality data for the 3-year period 2012 to 2014, EPA determined that the Eagan, Minnesota lead nonattainment area attained the 2008 Lead National Ambient Air Quality Standard (NAAQS). This clean data determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2008 lead NAAQS. (b) [Reserved] [FR Doc. 2015–20775 Filed 8–21–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0556; FRL–9932–95– Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; 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 revisions to the State Implementation Plan (SIP) submitted by the State of Missouri in a letter dated March 30, 2015. This SIP revision provides Missouri’s state-determined allowance allocations for existing SUMMARY: ■ VerDate Sep<11>2014 § 52.746 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 51131 electric generating units (EGUs) in the state for the 2016 control periods and replaces certain 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 air quality. In this final action EPA is approving Missouri’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. EPA is taking direct final action to approve Missouri’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. EPA’s allocations of CSAPR trading program allowances for Missouri for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allocations for those control periods through another SIP revision. The CSAPR FIPs for Missouri remain in place until such time as the State decides to replace the FIPs with a SIP revision. DATES: This direct final rule will be effective October 5, 2015, without further notice, unless EPA receives adverse comment by September 23, 2015. If EPA receives adverse comment, we 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–R07– OAR–2015–0556, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: Kemp.lachala@epa.gov 3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2015– 0556. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is E:\FR\FM\24AUR1.SGM 24AUR1 rmajette on DSK2VPTVN1PROD with RULES 51132 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/commentingepa-dockets. 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, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, 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 Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office’s official hours of business are Monday through Friday, 8:00 to 4:30 excluding legal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner VerDate Sep<11>2014 12:27 Aug 21, 2015 Jkt 235001 Boulevard, Lenexa, Kansas 66219 at 913–551–7214 or by email at Kemp.lachalasa@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. 2016 CSAPR SIPs III. What is EPA’s analysis of Missouri’s submission? IV. Final Action I. What is being addressed in this document? EPA is taking direct final action to approve revisions to the SIP submitted by the State of Missouri in a letter dated March 30, 2015, that modifies the allocations of annual and ozone season NOX 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 annual, 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 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 5 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 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, 550 F.3d 1176 (D.C. Cir. 2008). 5 The CSAPR obligations related to ozone-season NOX emissions for five states, including Missouri, were established in a separate rule referred to here as the Supplemental Rule. Federal Implementation Plans for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and Determination for Kansas Regarding Interstate Transport of Ozone; December 27, 2011 (76 FR 80760). PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 PM2.5 NAAQS promulgated in 1997 6 (15 micrograms per cubic meter (mg/m3)), the 24-hour PM2.5 NAAQS promulgated in 2006 7 (35 mg/m3), and the 8-hour ozone NAAQS promulgated in 1997 8 (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. Missouri is subject to the FIPs that implement the CSAPR and require certain EGUs to participate in the EPAadministered federal SO2 annual, NOX annual, and NOX ozone season cap-and trade programs.9 Missouri’s March 30, 2015, SIP revision allocates allowances under the CSAPR to existing EGUs in the State for the 2016 control periods only. Missouri’s SIP revision includes state-determined allocations for the CSAPR NOX annual and NOX ozone season trading programs, and complies with the 2016 NOX allowance allocation SIP requirements set forth at 40 CFR 52.38. Pursuant to these regulations, a state may replace EPA’s CSAPR NOX allowance allocations for existing EGUs for the 2016 control periods provided that the state submits a timely SIP revision containing those allocations to EPA that meets the requirements in 40 CFR 52.38. Through this action, EPA is approving Missouri’s March 30, 2015 SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIP’s regulatory text for Missouri at 40 CFR 52.1326 to reflect this approval and inclusion of the state-determined allowance allocations for the 2016 control periods. EPA’s allocations of CSAPR trading program allowances for Missouri for control periods in 2017 and beyond remain in place until the State submits and EPA approves statedetermined allocations for those control periods through another SIP revision. EPA is not making any other changes to the CSAPR FIPs for Missouri in this action. The CSAPR FIPs for Missouri 6 National Ambient Air Quality Standards for Particulate Matter; July 18, 1997 (62 FR 36852). 7 National Ambient Air Quality Standards for Particulate Matter; October 17, 2006 (71 FR 61144). 8 National Ambient Air Quality Standards for Ozone; July 18, 1997 (62 FR 38856). 9 On July 28, 2015, the DC Circuit, issued an opinion upholding CSAPR, but remanding without vacatur certain state emissions budgets to EPA for reconsideration. EME Homer City Generation, L.P. v. EPA, No. 11–1302, slip op. CSAPR implementation at this time remains unaffected by the court decision, and EPA will address the remanded emissions budgets in a separate rulemaking. Moreover, Missouri’s emissions budgets were not among those remanded to EPA for reconsideration. E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations rmajette on DSK2VPTVN1PROD with RULES remain in place until such time the State decides to replace the FIPs with a SIP revision. EPA is taking direct final action to approve Missouri’s March 30, 2015, SIP submission because it complies with the CAA and the CSAPR regulations. 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 determine allowance allocations for 2016 control periods through submittal of a complete SIP revision that is narrower in scope than an abbreviated or full SIP submission that states may use to replace the FIPs and/or to determine allocations for control periods in 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 the allocations meet specific requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) for NOX and 52.39(d) and (g) for SO2. If these requirements are met, the Administrator will approve the SIP allowance allocation provisions as replacing the comparable provisions in 40 CFR part 97 for the State. SIP revisions under this expedited process may only allocate the amount of each state budget minus the new unit setaside 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.10 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 10 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). VerDate Sep<11>2014 12:27 Aug 21, 2015 Jkt 235001 recorded and the allowances are available for trading. The CSAPR, as revised, set a deadline of October 17, 2011 or March 6, 2015, (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule) for states to notify EPA of their intent to submit these SIP revisions.11 See 40 CFR 52.38 and 52.39. Twelve states, including Missouri, notified EPA by the applicable deadlines of their intentions to submit SIP revisions affecting 2016 allocations.12 Pursuant to EPA’s December 3, 2014, Interim Final Rule,13 the deadlines to submit these SIPs were delayed by three years, making the deadline for these twelve states to submit a 2016 allocation SIP revision April 1, 2015, or October 1, 2015 (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule). Each state may submit a SIP to allocate allowances for the 2016 control periods provided it meets the following requirements pursuant to 40 CFR 52.38 and 52.39: • Notify the EPA Administrator by October 17, 2011, or March 6, 2015, (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule) of intent to submit state allocations for the 2016 control periods 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 SIP revision modifying allowance allocations for the 2016 control periods no later than April 1, 2015, or October 1, 2015 (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule). 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 2016 state-determined allocations 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 that the sum of the statedetermined allocations is equal to or 11 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 originally the date by which notifications of intentions to submit state allocations were due to the Administrator, but that date was later delayed to March 6, 2015. See 76 FR 80760 and 79 FR 71671. 12 The docket for today’s action contains Missouri’s October 17, 2011 letter notifying EPA of its intention to submit a SIP revision with respect to allocations of both annual and ozone-season NOX allowances. 13 Rulemaking To Amend Dates in Federal Implementation Plans Addressing Interstate Transport of Ozone and Fine Particulate Matter; December 3, 2014 (79 FR 71663). PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 51133 less than the amount of 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 list of units and the 2016 state-determined allowance allocations 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 limited 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 that the SIP is submitted to EPA by the State’s Governor or his/her designee). If a state submits to EPA a 2016 CSAPR SIP revision meeting all the above-described requirements, including compliance with the applicable notification and submission deadlines, and EPA approves the SIP submission by October 1, 2015 (or April 1, 2016, in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule), EPA will record state-determined allocations for 2016 by October 1, 2015 (or April 1, 2016) into the Allowance Management System (AMS). Missouri’s March 30, 2015 SIP submission addresses the aforementioned requirements allowing a state to allocate 2016 CSAPR allowances for the annual and ozone season NOX trading programs. EPA’s analysis of Missouri’s SIP submission is explained below in section III. III. What is EPA’s analysis of Missouri’s SIP submission? On March 30, 2015, Missouri submitted a SIP revision intended to replace the CSAPR FIP allocations of the CSAPR NOX annual and ozone season allowances for the 2016 control periods. For approval, this SIP revision must meet the applicable requirements found in 40 CFR 52.38(a)(3) and (b)(3) described above. The following is a list of criteria under 40 CFR 52.38(a)(3) and E:\FR\FM\24AUR1.SGM 24AUR1 51134 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations rmajette on DSK2VPTVN1PROD with RULES (b)(3) and 52.39(d) and (g), described in section II of this document, and the results of EPA’s analysis of Missouri’s SIP revision: A. Notification from a State to EPA must be received by October 17, 2011, or March 6, 2015 (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule), 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 October 17, 2011, Missouri notified EPA via a letter of the State’s intent to submit complete SIP revisions for allocating TR NOX Annual and TR NOX Ozone Season allowances 14 to existing units (i.e., units that commenced commercial operation before January 1, 2010) for the second implementation year of the CSAPR trading programs.15 B. A complete SIP revision must be submitted to EPA no later than April 1, 2015, or October 1, 2015, in the case of ozone season NOX SIP revisions for states covered by the December 27, 2011 Supplemental Rule (76 FR 80760) (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)). EPA has reviewed the March 30, 2015 submittal from Missouri and found it to be complete. This submittal addressed the allocations of both NOX annual allowances and NOX ozone season allowances (even though Missouri’s submittal deadline with respect to NOX ozone season allowances was October 1, 2015, rather than April 1, 2015). This submittal satisfies the applicable elements of SIP completeness set forth in appendix V to 40 CFR part 51. 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 Missouri’s SIP revision, the State submitted a list of units to be allocated TR NOX Annual and TR NOX Ozone Season allowances for the 2016 control periods. The list identifies the 14 The abbreviation ‘‘TR’’ in certain legal terms used in the CSAPR trading programs, including the legal terms for the trading program allowances, stands for ‘‘Transport Rule,’’ an earlier name for the CSAPR. 15 The October 17, 2011, letter submitted to EPA by Missouri also indicates that the State intended to submit a SIP revision for allocating TR SO2 Group 1 allowances. After that letter was submitted the State decided not to submit a SIP revision for the TR SO2 Group 1 allocations for the 2016 control period. VerDate Sep<11>2014 12:27 Aug 21, 2015 Jkt 235001 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 Missouri as part of the SIP revision is located in the State of Missouri 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), or 97.710(a), whichever is applicable, for the State and the control periods in 2016, of the 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)). As amended, the CSAPR established the NOX annual budget and new unit set-aside for Missouri for the 2016 control periods as 52,400 tons and 3,144 tons, respectively, and established the NOX ozone season budget and new unit set-aside for Missouri for the 2016 control periods as 22,788 tons and 1,367 tons, respectively. Missouri’s SIP revision, for approval in this action, does not affect these budgets, which are total amounts of allowances available for allocation for the 2016 control periods under the EPA-administered cap-and-trade programs under the CSAPR FIPs. In short, the abbreviated SIP revision only affects allocations of allowances under the established state budgets. The Missouri SIP revision allocating TR NOX Annual allowances for the 2016 control period does not establish allocations exceeding the amount of the budget under § 97.410(a) minus the new unit set-aside (52,400 tons—3,144 tons = 49,256 tons).16 The Missouri SIP revision allocates 49,251 TR NOX Annual allowances to existing units in the State. EPA will place the five unallocated allowances from the Missouri CSAPR 2016 budget for existing units into the TR NOX Annual new unit set-aside for the 2016 control period. The Missouri SIP revision allocating TR NOX Ozone Season allowances for the 2016 control period does not establish allocations exceeding the amount of the budget under § 97.510(a) minus the new unit set-aside (22,788 tons—1,367 tons = 21,421 tons).17 The Missouri SIP revision allocates 21,418 TR NOX Ozone Season allowances to existing units in the State. EPA will place the three unallocated allowances from the Missouri CSAPR 2016 budget into the TR NOX Ozone Season new unit set-aside for the 2016 control period. 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 30, 2015, EPA received an email submittal from Missouri in the EPA-approved format. F. The SIP revision should not provide for any changes to the listed units or allocations after approval of the SIP revision and should 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 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4)). The Missouri SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision 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. For the reasons discussed above, Missouri’s SIP revision complies with the 2016 allowance allocation SIP requirements established in the CSAPR FIPs as codified at 40 CFR 52.38. Through this action, EPA is approving Missouri’s March 30, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIPs’ regulatory text for Missouri at 40 CFR 52.1326 to reflect this approval and inclusion of the state-determined allowance allocations for the 2016 control periods. EPA is not making any other changes to the CSAPR FIPs for Missouri in this action. EPA is taking final action to approve Missouri’s March 30, 2015 SIP revision because it is in accordance with the CAA and its implementing regulations. 16 The CSAPR does not establish Indian country new unit set-asides of TR NOX Annual allowances for Missouri. 17 The CSAPR does not establish Indian country new unit set-asides of TR NOX Ozone Season allowances for Missouri. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 IV. Final Action EPA is taking final action to approve Missouri’s March 30, 2015, CSAPR SIP revisions that provide Missouri’s statedetermined allowance allocations for existing EGUs in the State for the 2016 control periods to replace certain allowance allocations for the 2016 control periods established by EPA under the CSAPR. Consistent with the E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations flexibility given to states in the CSAPR FIPs at 40 CFR 52.38, Missouri’s SIP revision allocates allowances to existing EGUs in the State under the CSAPR’s NOX annual and NOX ozone season trading programs. Missouri’s SIP revision meets the applicable requirements in 40 CFR 52.38 for NOX annual and NOX ozone season allowance allocations for the 2016 control periods. EPA is approving Missouri’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 October 5, 2015 without further notice unless the Agency receives adverse comments by September 23, 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 October 5, 2015 and no further action will be taken on the proposed rule. rmajette on DSK2VPTVN1PROD with RULES 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. 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 VerDate Sep<11>2014 16:31 Aug 21, 2015 Jkt 235001 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 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 51135 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 October 23, 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. This action may not be challenged later in proceedings to enforce its requirements. (See CAA 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: August 12, 2015. Mark Hague, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: 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 AA—Missouri 2. In § 52.1320, the table in paragraph (e) is amended by adding entry (66) at the end of the table to read as follows: * * * * * (e) * * * ■ E:\FR\FM\24AUR1.SGM 24AUR1 51136 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations EPA–APPROVED MISSOURI NONREGULATORY PROVISIONS Applicable geographic area or nonattainment area Name of nonregulatory SIP provision State submittal date * * * * (66) Cross State Air Pollution Rule—State-Deter- Statewide ...................... mined Allowance Allocations for the 2016 control periods. * * 3/30/15 8/24/15 and [Insert Federal Register citation]. 3. Section 52.1326 is amended by adding paragraphs (a)(3) and (b)(3) to read as follows: ENVIRONMENTAL PROTECTION AGENCY § 52.1326 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides? [EPA–R05–OAR–2009–0805; FRL–9932–65– Region 5] ■ 40 CFR Part 52 (a) * * * (3) Pursuant to § 52.38(a)(3), Missouri’s state-determined TR NOX Annual allowance allocations established in the March 30, 2015, SIP revision replace the unit-level TR NOX Annual allowance allocation provisions of the TR NOX Annual Trading Program at 40 CFR 97.411(a) for the State for the 2016 control period with a list of TR NOX Annual units that commenced operation prior to January 1, 2010, in the State and the state-determined amount of TR NOX Annual allowances allocated to each unit on such list for the 2016 control period, as approved by EPA on August 24, 2015, [Insert Federal Register citation]. (b) * * * (3) Pursuant to § 52.38(b)(3), Missouri’s state-determined TR NOX Ozone Season allowance allocations established in the March 30, 2015, SIP revision replace the unit-level TR NOX Ozone Season allowance allocation provisions of the TR NOX Ozone Season Trading Program at 40 CFR 97.511(a) for the State for the 2016 control period with a list of TR NOX Ozone Season units that commenced operation prior to January 1, 2010, in the State and the state-determined amount of TR NOX Ozone Season allowances allocated to each unit on such list for the 2016 control period, as approved by EPA on August 24, 2015, [Insert Federal Register citation]. [FR Doc. 2015–20774 Filed 8–21–15; 8:45 am] rmajette on DSK2VPTVN1PROD with RULES BILLING CODE 6560–50–P VerDate Sep<11>2014 16:31 Aug 21, 2015 Jkt 235001 Air Plan Approval; Michigan and Wisconsin; 2006 PM2.5 NAAQS PSD and Visibility Infrastructure SIP Requirements Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving elements of state implementation plan (SIP) submissions from Michigan regarding Prevention of Significant Deterioration (PSD) and Wisconsin regarding visibility infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. DATES: This direct final rule will be effective October 23, 2015, unless EPA receives adverse comments by September 23, 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–2009–0805 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: aburano.douglas@epa.gov. 3. Fax: (312) 408–2279. 4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 EPA approval date Explanation * Maintenance 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. EPA–R05–OAR–2009–0805. 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 E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51131-51136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0556; FRL-9932-95-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Missouri; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) submitted by the State of Missouri in a letter dated March 30, 
2015. This SIP revision provides Missouri's state-determined allowance 
allocations for existing electric generating units (EGUs) in the state 
for the 2016 control periods and replaces certain 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 
air quality. In this final action EPA is approving Missouri'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. EPA is taking direct 
final action to approve Missouri'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. EPA's 
allocations of CSAPR trading program allowances for Missouri for 
control periods in 2017 and beyond remain in place until the State 
submits and EPA approves state-determined allocations for those control 
periods through another SIP revision. The CSAPR FIPs for Missouri 
remain in place until such time as the State decides to replace the 
FIPs with a SIP revision.

DATES: This direct final rule will be effective October 5, 2015, 
without further notice, unless EPA receives adverse comment by 
September 23, 2015. If EPA receives adverse comment, we 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-R07-
OAR-2015-0556, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: Kemp.lachala@epa.gov
    3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0556. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is

[[Page 51132]]

restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. 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, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, 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 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
excluding legal holidays. The interested persons wanting to examine 
these documents should make an appointment with the office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7214 or by email at 
Kemp.lachalasa@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. 2016 CSAPR SIPs
III. What is EPA's analysis of Missouri's submission?
IV. Final Action

I. What is being addressed in this document?

    EPA is taking direct final action to approve revisions to the SIP 
submitted by the State of Missouri in a letter dated March 30, 2015, 
that modifies the allocations of annual and ozone season NOX 
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 annual, 
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 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 \5\ 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 \6\ (15 micrograms per cubic 
meter ([micro]g/m\3\)), the 24-hour PM2.5 NAAQS promulgated 
in 2006 \7\ (35 [mu]g/m\3\), and the 8-hour ozone NAAQS promulgated in 
1997 \8\ (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.
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    \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, 550 F.3d 1176 (D.C. Cir. 2008).
    \5\ The CSAPR obligations related to ozone-season NOX 
emissions for five states, including Missouri, were established in a 
separate rule referred to here as the Supplemental Rule. Federal 
Implementation Plans for Iowa, Michigan, Missouri, Oklahoma, and 
Wisconsin and Determination for Kansas Regarding Interstate 
Transport of Ozone; December 27, 2011 (76 FR 80760).
    \6\ National Ambient Air Quality Standards for Particulate 
Matter; July 18, 1997 (62 FR 36852).
    \7\ National Ambient Air Quality Standards for Particulate 
Matter; October 17, 2006 (71 FR 61144).
    \8\ National Ambient Air Quality Standards for Ozone; July 18, 
1997 (62 FR 38856).
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    Missouri is subject to the FIPs that implement the CSAPR and 
require certain EGUs to participate in the EPA-administered federal 
SO2 annual, NOX annual, and NOX ozone 
season cap-and trade programs.\9\ Missouri's March 30, 2015, SIP 
revision allocates allowances under the CSAPR to existing EGUs in the 
State for the 2016 control periods only. Missouri's SIP revision 
includes state-determined allocations for the CSAPR NOX 
annual and NOX ozone season trading programs, and complies 
with the 2016 NOX allowance allocation SIP requirements set 
forth at 40 CFR 52.38. Pursuant to these regulations, a state may 
replace EPA's CSAPR NOX allowance allocations for existing 
EGUs for the 2016 control periods provided that the state submits a 
timely SIP revision containing those allocations to EPA that meets the 
requirements in 40 CFR 52.38.
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    \9\ On July 28, 2015, the DC Circuit, issued an opinion 
upholding CSAPR, but remanding without vacatur certain state 
emissions budgets to EPA for reconsideration. EME Homer City 
Generation, L.P. v. EPA, No. 11-1302, slip op. CSAPR implementation 
at this time remains unaffected by the court decision, and EPA will 
address the remanded emissions budgets in a separate rulemaking. 
Moreover, Missouri's emissions budgets were not among those remanded 
to EPA for reconsideration.
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    Through this action, EPA is approving Missouri's March 30, 2015 SIP 
revision, incorporating the allocations into the SIP, and amending the 
CSAPR FIP's regulatory text for Missouri at 40 CFR 52.1326 to reflect 
this approval and inclusion of the state-determined allowance 
allocations for the 2016 control periods. EPA's allocations of CSAPR 
trading program allowances for Missouri for control periods in 2017 and 
beyond remain in place until the State submits and EPA approves state-
determined allocations for those control periods through another SIP 
revision. EPA is not making any other changes to the CSAPR FIPs for 
Missouri in this action. The CSAPR FIPs for Missouri

[[Page 51133]]

remain in place until such time the State decides to replace the FIPs 
with a SIP revision. EPA is taking direct final action to approve 
Missouri's March 30, 2015, SIP submission because it complies with the 
CAA and the CSAPR regulations. 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 determine allowance allocations for 2016 
control periods through submittal of a complete SIP revision that is 
narrower in scope than an abbreviated or full SIP submission that 
states may use to replace the FIPs and/or to determine allocations for 
control periods in 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 the allocations meet specific 
requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) for 
NOX and 52.39(d) and (g) for SO2. If these 
requirements are met, the Administrator will approve the SIP allowance 
allocation provisions as replacing the comparable provisions in 40 CFR 
part 97 for the State. SIP revisions under this expedited process may 
only allocate the amount of 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.\10\
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    \10\ 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).
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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, as 
revised, set a deadline of October 17, 2011 or March 6, 2015, (in the 
case of allocations of ozone season NOX allowances for 
states covered by the Supplemental Rule) for states to notify EPA of 
their intent to submit these SIP revisions.\11\ See 40 CFR 52.38 and 
52.39.
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    \11\ 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 originally the date by 
which notifications of intentions to submit state allocations were 
due to the Administrator, but that date was later delayed to March 
6, 2015. See 76 FR 80760 and 79 FR 71671.
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    Twelve states, including Missouri, notified EPA by the applicable 
deadlines of their intentions to submit SIP revisions affecting 2016 
allocations.\12\ Pursuant to EPA's December 3, 2014, Interim Final 
Rule,\13\ the deadlines to submit these SIPs were delayed by three 
years, making the deadline for these twelve states to submit a 2016 
allocation SIP revision April 1, 2015, or October 1, 2015 (in the case 
of allocations of ozone season NOX allowances for states 
covered by the Supplemental Rule). Each state may submit a SIP to 
allocate allowances for the 2016 control periods provided it meets the 
following requirements pursuant to 40 CFR 52.38 and 52.39:
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    \12\ The docket for today's action contains Missouri's October 
17, 2011 letter notifying EPA of its intention to submit a SIP 
revision with respect to allocations of both annual and ozone-season 
NOX allowances.
    \13\ Rulemaking To Amend Dates in Federal Implementation Plans 
Addressing Interstate Transport of Ozone and Fine Particulate 
Matter; December 3, 2014 (79 FR 71663).
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     Notify the EPA Administrator by October 17, 2011, or March 
6, 2015, (in the case of allocations of ozone season NOX 
allowances for states covered by the Supplemental Rule) of intent to 
submit state allocations for the 2016 control periods 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 SIP revision modifying allowance 
allocations for the 2016 control periods no later than April 1, 2015, 
or October 1, 2015 (in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule). 
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 2016 state-determined allocations 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 that the sum of the state-determined allocations is 
equal to or less than the amount of 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 list of units and the 2016 state-determined 
allowance allocations 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 limited 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 that the SIP is submitted 
to EPA by the State's Governor or his/her designee). If a state submits 
to EPA a 2016 CSAPR SIP revision meeting all the above-described 
requirements, including compliance with the applicable notification and 
submission deadlines, and EPA approves the SIP submission by October 1, 
2015 (or April 1, 2016, in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule), 
EPA will record state-determined allocations for 2016 by October 1, 
2015 (or April 1, 2016) into the Allowance Management System (AMS). 
Missouri's March 30, 2015 SIP submission addresses the aforementioned 
requirements allowing a state to allocate 2016 CSAPR allowances for the 
annual and ozone season NOX trading programs. EPA's analysis 
of Missouri's SIP submission is explained below in section III.

III. What is EPA's analysis of Missouri's SIP submission?

    On March 30, 2015, Missouri submitted a SIP revision intended to 
replace the CSAPR FIP allocations of the CSAPR NOX annual 
and ozone season allowances for the 2016 control periods. For approval, 
this SIP revision must meet the applicable requirements found in 40 CFR 
52.38(a)(3) and (b)(3) described above. The following is a list of 
criteria under 40 CFR 52.38(a)(3) and

[[Page 51134]]

(b)(3) and 52.39(d) and (g), described in section II of this document, 
and the results of EPA's analysis of Missouri's SIP revision:
    A. Notification from a State to EPA must be received by October 17, 
2011, or March 6, 2015 (in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule), 
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 October 17, 2011, Missouri notified EPA via a letter of the 
State's intent to submit complete SIP revisions for allocating TR 
NOX Annual and TR NOX Ozone Season allowances 
\14\ to existing units (i.e., units that commenced commercial operation 
before January 1, 2010) for the second implementation year of the CSAPR 
trading programs.\15\
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    \14\ The abbreviation ``TR'' in certain legal terms used in the 
CSAPR trading programs, including the legal terms for the trading 
program allowances, stands for ``Transport Rule,'' an earlier name 
for the CSAPR.
    \15\ The October 17, 2011, letter submitted to EPA by Missouri 
also indicates that the State intended to submit a SIP revision for 
allocating TR SO2 Group 1 allowances. After that letter 
was submitted the State decided not to submit a SIP revision for the 
TR SO2 Group 1 allocations for the 2016 control period.
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    B. A complete SIP revision must be submitted to EPA no later than 
April 1, 2015, or October 1, 2015, in the case of ozone season 
NOX SIP revisions for states covered by the December 27, 
2011 Supplemental Rule (76 FR 80760) (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)).
    EPA has reviewed the March 30, 2015 submittal from Missouri and 
found it to be complete. This submittal addressed the allocations of 
both NOX annual allowances and NOX ozone season 
allowances (even though Missouri's submittal deadline with respect to 
NOX ozone season allowances was October 1, 2015, rather than 
April 1, 2015). This submittal satisfies the applicable elements of SIP 
completeness set forth in appendix V to 40 CFR part 51.
    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 Missouri's SIP revision, the State submitted a list of 
units to be allocated TR NOX Annual and TR NOX 
Ozone Season 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 
Missouri as part of the SIP revision is located in the State of 
Missouri 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), or 97.710(a), whichever is 
applicable, for the State and the control periods in 2016, of the 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)).
    As amended, the CSAPR established the NOX annual budget 
and new unit set-aside for Missouri for the 2016 control periods as 
52,400 tons and 3,144 tons, respectively, and established the 
NOX ozone season budget and new unit set-aside for Missouri 
for the 2016 control periods as 22,788 tons and 1,367 tons, 
respectively. Missouri's SIP revision, for approval in this action, 
does not affect these budgets, which are total amounts of allowances 
available for allocation for the 2016 control periods under the EPA-
administered cap-and-trade programs under the CSAPR FIPs. In short, the 
abbreviated SIP revision only affects allocations of allowances under 
the established state budgets.
    The Missouri SIP revision allocating TR NOX Annual 
allowances for the 2016 control period does not establish allocations 
exceeding the amount of the budget under Sec.  97.410(a) minus the new 
unit set-aside (52,400 tons--3,144 tons = 49,256 tons).\16\ The 
Missouri SIP revision allocates 49,251 TR NOX Annual 
allowances to existing units in the State. EPA will place the five 
unallocated allowances from the Missouri CSAPR 2016 budget for existing 
units into the TR NOX Annual new unit set-aside for the 2016 
control period.
---------------------------------------------------------------------------

    \16\ The CSAPR does not establish Indian country new unit set-
asides of TR NOX Annual allowances for Missouri.
---------------------------------------------------------------------------

    The Missouri SIP revision allocating TR NOX Ozone Season 
allowances for the 2016 control period does not establish allocations 
exceeding the amount of the budget under Sec.  97.510(a) minus the new 
unit set-aside (22,788 tons--1,367 tons = 21,421 tons).\17\ The 
Missouri SIP revision allocates 21,418 TR NOX Ozone Season 
allowances to existing units in the State. EPA will place the three 
unallocated allowances from the Missouri CSAPR 2016 budget into the TR 
NOX Ozone Season new unit set-aside for the 2016 control 
period.
---------------------------------------------------------------------------

    \17\ The CSAPR does not establish Indian country new unit set-
asides of TR NOX Ozone Season allowances for Missouri.
---------------------------------------------------------------------------

    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 30, 2015, EPA received an email submittal from Missouri in 
the EPA-approved format.
    F. The SIP revision should not provide for any changes to the 
listed units or allocations after approval of the SIP revision and 
should 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 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 
52.39(d)(4), and 52.39(g)(4)).
    The Missouri SIP revision does not provide for any changes to the 
listed units or allocations after approval of the SIP revision 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.
    For the reasons discussed above, Missouri's SIP revision complies 
with the 2016 allowance allocation SIP requirements established in the 
CSAPR FIPs as codified at 40 CFR 52.38. Through this action, EPA is 
approving Missouri's March 30, 2015, SIP revision, incorporating the 
allocations into the SIP, and amending the CSAPR FIPs' regulatory text 
for Missouri at 40 CFR 52.1326 to reflect this approval and inclusion 
of the state-determined allowance allocations for the 2016 control 
periods. EPA is not making any other changes to the CSAPR FIPs for 
Missouri in this action. EPA is taking final action to approve 
Missouri's March 30, 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 Missouri's March 30, 2015, 
CSAPR SIP revisions that provide Missouri's state-determined allowance 
allocations for existing EGUs in the State for the 2016 control periods 
to replace certain allowance allocations for the 2016 control periods 
established by EPA under the CSAPR. Consistent with the

[[Page 51135]]

flexibility given to states in the CSAPR FIPs at 40 CFR 52.38, 
Missouri's SIP revision allocates allowances to existing EGUs in the 
State under the CSAPR's NOX annual and NOX ozone 
season trading programs. Missouri's SIP revision meets the applicable 
requirements in 40 CFR 52.38 for NOX annual and 
NOX ozone season allowance allocations for the 2016 control 
periods. EPA is approving Missouri'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 October 5, 2015 
without further notice unless the Agency receives adverse comments by 
September 23, 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 October 5, 2015 and no 
further action will be taken on the proposed rule.

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. 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 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 and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 October 23, 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA 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: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

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 AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (e) is amended by adding 
entry (66) at the end of the table to read as follows:
* * * * *
    (e) * * *

[[Page 51136]]



                                 EPA-Approved Missouri Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
   Name of nonregulatory SIP     geographic area        State        EPA approval
           provision             or nonattainment  submittal date        date                Explanation
                                       area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(66) Cross State Air Pollution  Statewide........         3/30/15  8/24/15 and       ...........................
 Rule--State-Determined                                             [Insert Federal
 Allowance Allocations for the                                      Register
 2016 control periods.                                              citation].
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1326 is amended by adding paragraphs (a)(3) and (b)(3) to 
read as follows:


Sec.  52.1326  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) * * *
    (3) Pursuant to Sec.  52.38(a)(3), Missouri's state-determined TR 
NOX Annual allowance allocations established in the March 
30, 2015, SIP revision replace the unit-level TR NOX Annual 
allowance allocation provisions of the TR NOX Annual Trading 
Program at 40 CFR 97.411(a) for the State for the 2016 control period 
with a list of TR NOX Annual units that commenced operation 
prior to January 1, 2010, in the State and the state-determined amount 
of TR NOX Annual allowances allocated to each unit on such 
list for the 2016 control period, as approved by EPA on August 24, 
2015, [Insert Federal Register citation].
    (b) * * *
    (3) Pursuant to Sec.  52.38(b)(3), Missouri's state-determined TR 
NOX Ozone Season allowance allocations established in the 
March 30, 2015, SIP revision replace the unit-level TR NOX 
Ozone Season allowance allocation provisions of the TR NOX 
Ozone Season Trading Program at 40 CFR 97.511(a) for the State for the 
2016 control period with a list of TR NOX Ozone Season units 
that commenced operation prior to January 1, 2010, in the State and the 
state-determined amount of TR NOX Ozone Season allowances 
allocated to each unit on such list for the 2016 control period, as 
approved by EPA on August 24, 2015, [Insert Federal Register citation].

[FR Doc. 2015-20774 Filed 8-21-15; 8:45 am]
 BILLING CODE 6560-50-P
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