Approval and Promulgation of Air Quality Implementation Plans; State of Nebraska; Cross-State Air Pollution Rule, 55267-55272 [2015-20631]
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
• 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 Clean Air Act;
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 November 16, 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 section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
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 CC—Nebraska
2. Amend § 52.1420 by adding and
reserving an entry for ‘‘(28)’’, and by
adding an entry for ‘‘(29)’’ in numerical
order under paragraph (e), in the table
entitled ‘‘EPA-Approved Nebraska
Nonregulatory Provisions’’.
The addition reads as follows:
■
§ 52.1420
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
(28) [Reserved].
(29) Section 110(a)(2) Infrastructure Requirements for the 2008 O3
NAAQS.
Applicable geographic
or nonattainment area
*
State submittal date
*
Statewide ......................
[FR Doc. 2015–20619 Filed 9–14–15; 8:45 am]
BILLING CODE 6560–50–P
EPA approval date
*
2/11/13 ......
Explanation
*
9/15/15, [Insert Federal
Register citation].
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R07–OAR–2015–0565; FRL–9932–84–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Nebraska; Cross-State Air Pollution
Rule
Environmental Protection
Agency (EPA).
AGENCY:
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*
*
[EPA–R07–OAR–2015–0270; Region 7] This action addresses the following CAA elements
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M).
ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Nebraska in a letter dated
March 30, 2015. This SIP revision
provides Nebraska’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
SUMMARY:
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
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 Nebraska’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 Nebraska’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 Nebraska 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. The CSAPR FIPs for
Nebraska 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 26, 2015, without
further notice, unless EPA receives
adverse comment by October 15, 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–2015–0565, 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–
0565. 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
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
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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 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.
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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 Nebraska’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 Nebraska in a letter dated
March 30, 2015, that 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 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 (mg/m3)),
the 24-hour PM2.5 NAAQS promulgated
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 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).
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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.
Nebraska is subject to the FIPs that
implement the CSAPR and require
certain EGUs to participate in the EPAadministered federal SO2 annual and
NOX annual cap-and trade programs.9
Nebraska’s March 30, 2015, SIP revision
allocates allowances under the CSAPR
to existing EGUs in the State for the
2016 control periods only. Nebraska’s
SIP revision includes state-determined
allocations for the CSAPR NOX annual
and SO2 Group 2 annual trading
programs, and complies with the 2016
NOX allocation and SO2 allocation SIP
requirements set forth at 40 CFR 52.38
and 52.39, respectively. Pursuant to
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 timely SIP revision containing those
allocations to EPA that meets the
requirements in 40 CFR 52.38 and
52.39.
Through this action, EPA is approving
Nebraska’s March 30, 2015, SIP
revision, incorporating the allocations
into the SIP, and amending the CSAPR
FIP’s regulatory text for Nebraska at 40
CFR 52.1428 and 52.1429 to reflect this
approval and inclusion of the statedetermined allowance allocations for
the 2016 control periods. EPA’s
allocations of CSAPR trading program
allowances for Nebraska 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
Nebraska in this action. The CSAPR
FIPs for Nebraska remain in place until
such time the State decides to replace
the FIPs with a SIP revision. EPA is
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 D.C. 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, Nebraska’s emissions
budgets were not among those remanded to EPA for
reconsideration.
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taking direct final action to approve
Nebraska’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 the 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
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
recorded and the allowances are
available for trading. The CSAPR, as
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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55269
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 Nebraska,
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
less than the amount of the total state
budget for 2016 minus the sum of the
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
Nebraska’s October 17, 2011, letter notifying EPA of
its intention to submit a SIP revision with respect
to allocations of both annual NOX allowances and
annual SO2 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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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). Nebraska’s
March 30, 2015 SIP submission
addresses the aforementioned
requirements allowing a state to allocate
2016 CSAPR allowances for the annual
NOX and Group 2 SO2 trading programs.
EPA’s analysis of Nebraska’s SIP
submission is explained below in
section III.
III. What is EPA’s analysis of
Nebraska’s SIP submission?
On March 30, 2015, Nebraska
submitted a SIP revision intended to
replace the CSAPR FIP allocations of the
CSAPR NOX annual and 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)(3) and 52.39(g)
described above. The following is a list
of criteria under 40 CFR 52.38(a)(3) and
(b)(3) and 52.39(d) and (g), described in
section II in this document, and the
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results of EPA’s analysis of Nebraska’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 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 October 17, 2011, Nebraska
notified EPA via a letter of the State’s
intent to submit complete SIP revisions
for allocating TR NOX Annual and TR
SO2 Group 2 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.
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 Nebraska 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.
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 Nebraska’s SIP revision, the
State submitted a list of units to be
allocated TR NOX Annual and TR SO2
Group 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
Nebraska as part of the SIP revision is
located in the State of Nebraska 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
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.
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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, new unit setaside, and Indian country new unit setaside for Nebraska for the 2016 control
periods as 30,039 tons, 1,772 tons, and
30 tons, respectively, and established
the SO2 Group 2 budget, new unit setaside, and Indian country new unit setaside as 68,162 tons, 2,658 tons, and 68
tons, respectively. Nebraska’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 Nebraska SIP revision allocating
TR NOX Annual allowances for the 2016
control period establishes allocations
exceeding, by one (1) allowance due to
rounding,15 the amount of the budget
under § 97.410(a) minus the sum of the
new unit set-aside and the Indian
county new unit set aside (30,039
tons¥(1,772 tons + 30 tons)) = 28,237
tons). The Nebraska SIP revision
allocates 28,238 TR NOX annual
allowances to existing units in the State.
However, EPA notes that
proportionately, one allowance is a tiny
fraction of the overall new unit set-aside
budget for new TR NOX annual units in
Nebraska (approximately 0.06%). In
addition, for 2015, the number of TR
NOX annual allowances allocated from
Nebraska’s 2015 new unit set-aside to
new units is well below the total
number of allowances available in that
set-aside,16 and it appears highly likely
this will be the case again in 2016. EPA
therefore does not believe the extra
allowance allocated to Nebraska’s
existing CSAPR units in 2016 should
weigh negatively in EPA’s evaluation of
the State’s 2016 CSAPR SIP submittal,
and will enter 1,771 allowances from
the Nebraska CSAPR 2016 budget
15 The total of the state-determined TR NO
X
Annual allowance allocations to existing units for
2016 under Nebraska’s SIP revision (28,238
allowances) equals the total of the EPA-determined
TR NOX Annual allowance allocations to existing
units for 2016 under the CSAPR as amended. This
total differs by one allowance from the amount of
the state’s 2016 NOX annual budget minus the sum
of the new unit set-aside and the Indian country
new unit set-aside due to rounding, as noted in the
December 3, 2014, Notice of Data Availability
regarding the EPA-determined allocations. See 79
FR 71674.
16 See Allocations of Cross-State Air Pollution
Rule Allowances From New Unit Set-Asides for the
2015 Compliance Year; July 28, 2015 (80 FR 44882).
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(instead of 1,772 allowances) into the
TR NOX annual new unit set-aside for
the 2016 control period.17
The Nebraska SIP revision allocating
TR SO2 Group 2 allowances for the 2016
control period does not establish
allocations exceeding the amount of the
budget under § 97.710(a) minus the sum
of the new unit set-aside and Indian
County new unit set-aside (68,162
tons¥(2,658 tons + 68 tons)) = 65,436
tons). The Nebraska SIP revision
allocates 65,432 TR SO2 Group 2
allowances to existing units in the State.
EPA will place the four unallocated
allowances from the Nebraska CSAPR
2016 budget into the TR SO2 Group 2
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 Nebraska in the
EPA-approved format.
mstockstill on DSK4VPTVN1PROD with RULES
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 Nebraska 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,
Nebraska’s SIP revision complies with
the 2016 allowance allocation SIP
requirements established in the CSAPR
FIPs as codified at 40 CFR 52.38 and
52.39. Through this action, EPA is
approving Nebraska’s March 30, 2015,
SIP revision, incorporating the
allocations into the SIP, and amending
the CSAPR FIPs’ regulatory text for
Nebraska at 40 CFR 52.1428 and
52.1429 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
Nebraska in this action. EPA is taking
final action to approve Nebraska’s
March 30, 2015, SIP revision because it
17 The quantities of allowances to be allocated
through the new unit set-aside (NUSA) process may
differ slightly from the NUSA 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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19:08 Sep 14, 2015
Jkt 235001
is in accordance with the CAA and its
implementing regulations.
IV. Final Action
EPA is taking final action to approve
Nebraska’s March 30, 2015, CSAPR SIP
revisions that provide Nebraska’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 the CSAPR.
Consistent with the flexibility given to
states in the CSAPR FIPs at 40 CFR
52.38 and 52.39, Nebraska’s SIP revision
allocates allowances to existing EGUs in
the State under the CSAPR’s NOX
annual and SO2 Group 2 trading
programs. Nebraska’s SIP revision meets
the applicable requirements in 40 CFR
52.38 and 52.39 for allocations for the
2016 control periods of NOX annual
allowances and SO2 Group 2
allowances, respectively. EPA is
approving Nebraska’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 26, 2015
without further notice unless the
Agency receives adverse comments by
October 15, 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 26,
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
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55271
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 Clean Air Act;
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
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
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 November 16, 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 CC—Nebraska
2. In § 52.1420(e) the table is amended
by adding a new entry (28) at the end
of the table to read as follows:
■
§ 52.1420
*
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic
area or nonattainment
area
*
(28) Cross State Air Pollution Rule—State-Determined Allowance
Allocations for the
2016 control periods.
*
*
Statewide .....................
3. Section 52.1428 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1428 Interstate pollutant transport
provisions; What are the FIP requirements
for decreases in emissions of nitrogen
oxides?
*
*
*
*
(c) Pursuant to § 52.38(a)(3),
Nebraska’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
mstockstill on DSK4VPTVN1PROD with RULES
*
VerDate Sep<11>2014
19:08 Sep 14, 2015
Jkt 235001
State submittal
date
3/30/15
EPA approval date
Explanation
*
*
9/15/15 [Insert Federal
Register citation].
*
*
§ 52.1429 Interstate pollutant transport
provisions; What are the FIP requirements
for decreases in emissions of sulfur
dioxide?
allowance allocations established in the
March 30, 2015, SIP revision replace the
unit-level TR SO2 Group 2 allowance
allocation provisions of the TR SO2
Group 2 Trading Program at 40 CFR
97.711(a) for the State for the 2016
control period with a list of TR SO2
Group 2 units that commenced
operation prior to January 1, 2010, in
the State and the state-determined
amount of TR SO2 Group 2 allowances
allocated to each unit on such list for
the 2016 control period, as approved by
EPA on September 15, 2015.
*
[FR Doc. 2015–20631 Filed 9–14–15; 8:45 am]
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 September 15, 2015.
4. Section 52.1429 is amended by
adding paragraph (c) to read as follows:
■
*
*
*
*
(c) Pursuant to § 52.39(g), Nebraska’s
state-determined TR SO2 Group 2
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]]>Agencies
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55267-55272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20631]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0565; FRL-9932-84-Region 7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Nebraska; 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 Nebraska in a letter dated March 30,
2015. This SIP revision provides Nebraska'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
[[Page 55268]]
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 Nebraska'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 Nebraska'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 Nebraska 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. The CSAPR
FIPs for Nebraska 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 26, 2015,
without further notice, unless EPA receives adverse comment by October
15, 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-2015-0565, 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-
2015-0565. 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 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 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 Nebraska'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 Nebraska in a letter dated March 30, 2015,
that 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 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
[[Page 55269]]
in 2006 \7\ (35 [micro]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 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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Nebraska is subject to the FIPs that implement the CSAPR and
require certain EGUs to participate in the EPA-administered federal
SO2 annual and NOX annual cap-and trade
programs.\9\ Nebraska's March 30, 2015, SIP revision allocates
allowances under the CSAPR to existing EGUs in the State for the 2016
control periods only. Nebraska's SIP revision includes state-determined
allocations for the CSAPR NOX annual and SO2
Group 2 annual trading programs, and complies with the 2016
NOX allocation and SO2 allocation SIP
requirements set forth at 40 CFR 52.38 and 52.39, respectively.
Pursuant to 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 timely SIP revision containing those
allocations to EPA that meets the requirements in 40 CFR 52.38 and
52.39.
---------------------------------------------------------------------------
\9\ On July 28, 2015, the D.C. 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, Nebraska's emissions budgets were not among those remanded
to EPA for reconsideration.
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Through this action, EPA is approving Nebraska's March 30, 2015,
SIP revision, incorporating the allocations into the SIP, and amending
the CSAPR FIP's regulatory text for Nebraska at 40 CFR 52.1428 and
52.1429 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 Nebraska 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 Nebraska in this action. The CSAPR FIPs for Nebraska 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 Nebraska'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 the
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 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).
---------------------------------------------------------------------------
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 Nebraska, 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 Nebraska's October
17, 2011, letter notifying EPA of its intention to submit a SIP
revision with respect to allocations of both annual NOX
allowances and annual SO2 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
[[Page 55270]]
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).
Nebraska's March 30, 2015 SIP submission addresses the aforementioned
requirements allowing a state to allocate 2016 CSAPR allowances for the
annual NOX and Group 2 SO2 trading programs.
EPA's analysis of Nebraska's SIP submission is explained below in
section III.
III. What is EPA's analysis of Nebraska's SIP submission?
On March 30, 2015, Nebraska submitted a SIP revision intended to
replace the CSAPR FIP allocations of the CSAPR NOX annual
and 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)(3) and 52.39(g) described above. The following is a
list of criteria under 40 CFR 52.38(a)(3) and (b)(3) and 52.39(d) and
(g), described in section II in this document, and the results of EPA's
analysis of Nebraska'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 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 October 17, 2011, Nebraska notified EPA via a letter of the
State's intent to submit complete SIP revisions for allocating TR
NOX Annual and TR SO2 Group 2 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.
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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.
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),
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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 Nebraska 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.
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 Nebraska's SIP revision, the State submitted a list of
units to be allocated TR NOX Annual and TR SO2
Group 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 Nebraska as part of
the SIP revision is located in the State of Nebraska 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,
new unit set-aside, and Indian country new unit set-aside for Nebraska
for the 2016 control periods as 30,039 tons, 1,772 tons, and 30 tons,
respectively, and established the SO2 Group 2 budget, new
unit set-aside, and Indian country new unit set-aside as 68,162 tons,
2,658 tons, and 68 tons, respectively. Nebraska'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 Nebraska SIP revision allocating TR NOX Annual
allowances for the 2016 control period establishes allocations
exceeding, by one (1) allowance due to rounding,\15\ the amount of the
budget under Sec. 97.410(a) minus the sum of the new unit set-aside
and the Indian county new unit set aside (30,039 tons-(1,772 tons + 30
tons)) = 28,237 tons). The Nebraska SIP revision allocates 28,238 TR
NOX annual allowances to existing units in the State.
However, EPA notes that proportionately, one allowance is a tiny
fraction of the overall new unit set-aside budget for new TR
NOX annual units in Nebraska (approximately 0.06%). In
addition, for 2015, the number of TR NOX annual allowances
allocated from Nebraska's 2015 new unit set-aside to new units is well
below the total number of allowances available in that set-aside,\16\
and it appears highly likely this will be the case again in 2016. EPA
therefore does not believe the extra allowance allocated to Nebraska's
existing CSAPR units in 2016 should weigh negatively in EPA's
evaluation of the State's 2016 CSAPR SIP submittal, and will enter
1,771 allowances from the Nebraska CSAPR 2016 budget
[[Page 55271]]
(instead of 1,772 allowances) into the TR NOX annual new
unit set-aside for the 2016 control period.\17\
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\15\ The total of the state-determined TR NOX Annual
allowance allocations to existing units for 2016 under Nebraska's
SIP revision (28,238 allowances) equals the total of the EPA-
determined TR NOX Annual allowance allocations to
existing units for 2016 under the CSAPR as amended. This total
differs by one allowance from the amount of the state's 2016
NOX annual budget minus the sum of the new unit set-aside
and the Indian country new unit set-aside due to rounding, as noted
in the December 3, 2014, Notice of Data Availability regarding the
EPA-determined allocations. See 79 FR 71674.
\16\ See Allocations of Cross-State Air Pollution Rule
Allowances From New Unit Set-Asides for the 2015 Compliance Year;
July 28, 2015 (80 FR 44882).
\17\ The quantities of allowances to be allocated through the
new unit set-aside (NUSA) process may differ slightly from the NUSA
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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The Nebraska SIP revision allocating TR SO2 Group 2
allowances for the 2016 control period does not establish allocations
exceeding the amount of the budget under Sec. 97.710(a) minus the sum
of the new unit set-aside and Indian County new unit set-aside (68,162
tons-(2,658 tons + 68 tons)) = 65,436 tons). The Nebraska SIP revision
allocates 65,432 TR SO2 Group 2 allowances to existing units
in the State. EPA will place the four unallocated allowances from the
Nebraska CSAPR 2016 budget into the TR SO2 Group 2 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 Nebraska 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 Nebraska 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, Nebraska's SIP revision complies
with the 2016 allowance allocation SIP requirements established in the
CSAPR FIPs as codified at 40 CFR 52.38 and 52.39. Through this action,
EPA is approving Nebraska's March 30, 2015, SIP revision, incorporating
the allocations into the SIP, and amending the CSAPR FIPs' regulatory
text for Nebraska at 40 CFR 52.1428 and 52.1429 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 Nebraska in this action. EPA is taking final action
to approve Nebraska'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 Nebraska's March 30, 2015,
CSAPR SIP revisions that provide Nebraska'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 the CSAPR. Consistent with the flexibility
given to states in the CSAPR FIPs at 40 CFR 52.38 and 52.39, Nebraska's
SIP revision allocates allowances to existing EGUs in the State under
the CSAPR's NOX annual and SO2 Group 2 trading
programs. Nebraska's SIP revision meets the applicable requirements in
40 CFR 52.38 and 52.39 for allocations for the 2016 control periods of
NOX annual allowances and SO2 Group 2 allowances,
respectively. EPA is approving Nebraska'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 26, 2015
without further notice unless the Agency receives adverse comments by
October 15, 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 26,
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 Clean Air Act; 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
[[Page 55272]]
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 November 16, 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 CC--Nebraska
0
2. In Sec. 52.1420(e) the table is amended by adding a new entry (28)
at the end of the table to read as follows:
Sec. 52.1420 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic area or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(28) Cross State Air Pollution Statewide......... 3/30/15 9/15/15 [Insert .......................
Rule--State-Determined Federal Register
Allowance Allocations for the citation].
2016 control periods.
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1428 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1428 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
* * * * *
(c) Pursuant to Sec. 52.38(a)(3), Nebraska'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 September 15,
2015.
0
4. Section 52.1429 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1429 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?
* * * * *
(c) Pursuant to Sec. 52.39(g), Nebraska's state-determined TR
SO2 Group 2 allowance allocations established in the March
30, 2015, SIP revision replace the unit-level TR SO2 Group 2
allowance allocation provisions of the TR SO2 Group 2
Trading Program at 40 CFR 97.711(a) for the State for the 2016 control
period with a list of TR SO2 Group 2 units that commenced
operation prior to January 1, 2010, in the State and the state-
determined amount of TR SO2 Group 2 allowances allocated to
each unit on such list for the 2016 control period, as approved by EPA
on September 15, 2015.
[FR Doc. 2015-20631 Filed 9-14-15; 8:45 am]
BILLING CODE 6560-50-P
