Air Plan Approval; Alabama; Cross-State Air Pollution Rule, 46674-46679 [2017-21523]
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
§ 52.1320
Subpart AA—Missouri
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2. Amend § 52.1320 by adding
paragraph (e)(65) to read as follows:
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Identification of plan.
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(e) * * *
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EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of non-regulatory
SIP revision
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Applicable geographic or
nonattainment area
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(65) Sections 110(a)(1)
and 110(a)(2) Infrastructure Requirements for
the 2010 Sulfur Dioxide
NAAQS.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0415; FRL–9968–
93—Region 4]
Air Plan Approval; Alabama; CrossState Air Pollution Rule
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
the October 26, 2015, and May 19, 2017,
State Implementation Plan (SIP)
revisions from Alabama replacing the
Cross-State Air Pollution Rule (CSAPR)
federal implementation plan (FIP).
Under CSAPR, large electricity
generating units (EGUs) in Alabama are
subject to FIP provisions requiring the
units to participate in a federal
allowance trading program for ozone
season emissions of nitrogen oxides
(NOX). This action approves into
Alabama’s SIP the State’s regulations
requiring Alabama’s affected units to
participate in a new state allowance
trading program for ozone season NOX
emissions integrated with the CSAPR
federal trading programs, replacing the
corresponding CSAPR FIP requirements
for Alabama. This state trading program
is substantively identical to the federal
trading program except with regard to
the provisions allocating emission
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SUMMARY:
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EPA approval date
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Statewide ..........................
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This action approves the following CAA
elements: 110(a)(1) and 110(a)(2)(A),
(B), (C), (D)(i)(II)—prong 3, (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and
(M). EPA is not acting on
110(a)(2)(D)(i)(I)—prongs 1 and 2.
110(a)(2)(I) is not applicable. EPA intends to act on 110(a)(2)(D)(i)(II)—
prong 4 in a separate action. [EPA–
R07–OAR–2017–0515; FRL–9968–
80–Region 7.]
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allowances among Alabama units.
Under the CSAPR regulations, final
approval of these portions of the SIP
revisions automatically eliminates
Alabama units’ FIP requirements to
participate in CSAPR’s federal
allowance trading program for ozone
season NOX emissions. Approval also
fully satisfies Alabama’s good neighbor
obligation under the Clean Air Act
(CAA or Act) to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 8-hour Ozone
National Ambient Air Quality Standards
(NAAQS) in any other state; and
partially satisfies Alabama’s good
neighbor obligation under the CAA to
prohibit emissions which will
significantly contribute to
nonattainment or interfere with
maintenance of the 2008 8-hour Ozone
NAAQS in any other state.
DATES: This rule will be effective
November 6, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No EPA–R04–OAR–2017–
0415. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
PO 00000
Explanation
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the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ashten Bailey, Air Regulatory
Management Section, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bailey
can be reached by telephone at (404)
562–9164 or via electronic mail at
bailey.ashten@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background on CSAPR and CSAPRRelated SIP Revisions
EPA issued CSAPR 1 in July 2011 and
the CSAPR Update 2 in 2016 to address
1 Federal Implementation Plans; Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through EEEEE of 40
CFR part 97).
2 See 81 FR 74504 (October 26, 2016). The CSAPR
Update was promulgated to address interstate
pollution with respect to the 2008 8-hour Ozone
NAAQS and to address a judicial remand of certain
original CSAPR ozone season NOX budgets
promulgated with respect to the 1997 8-hour Ozone
NAAQS. Id. at 74505. The CSAPR Update
established new emission reduction requirements
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the requirements of CAA section
110(a)(2)(D)(i)(I) concerning interstate
transport of air pollution for specific
NAAQS. As amended (including by the
2016 CSAPR Update), CSAPR requires
27 eastern states to limit their statewide
emissions of sulfur dioxide (SO2) and/
or NOX in order to mitigate transported
air pollution unlawfully impacting other
states’ ability to attain or maintain four
NAAQS: The 1997 annual PM2.5
NAAQS, the 2006 24-hour PM2.5
NAAQS, the 1997 8-hour Ozone
NAAQS, and the 2008 8-hour Ozone
NAAQS. The CSAPR emissions
limitations are defined in terms of
maximum statewide ‘‘budgets’’ for
emissions of annual SO2, annual NOX,
and/or ozone season NOX by each
covered state’s large EGUs. The CSAPR
state budgets are implemented in two
phases of generally increasing
stringency: The Phase 1 budgets apply
to emissions in 2015 and 2016; and the
Phase 2 and CSAPR Update budgets
apply to emissions in 2017 and later
years. As a mechanism for achieving
compliance with the emissions
limitations, CSAPR establishes five
federal emissions trading programs: A
program for annual NOX emissions; two
geographically separate programs for
annual SO2 emissions; and two
geographically separate programs for
ozone season NOX emissions. CSAPR
also establishes FIP requirements
applicable to the large EGUs in each
covered state.3 Currently, the CSAPR
FIP provisions require each state’s units
to participate in up to three of the five
CSAPR trading programs.
CSAPR includes provisions under
which states may submit and EPA will
approve SIP revisions to modify or
replace the CSAPR FIP requirements
while allowing states to continue to
meet their transport-related obligations
addressing the more recent ozone NAAQS and
coordinated them with the remaining emission
reduction requirements addressing the older
NAAQS, so that starting in 2017, CSAPR includes
two geographically separate trading programs for
ozone season NOX emissions covering EGUs in a
total of 23 states. See 40 CFR 52.38(b)(1)–(2).
3 States are required to submit good neighbor SIPs
three years after a NAAQS is promulgated. CAA
section 110(a)(1) and (2). Where EPA finds that a
state fails to submit a required SIP or disapproves
a SIP, EPA is obligated to promulgate a FIP
addressing the deficiency. CAA section 110(c). EPA
found that Alabama failed to make timely
submissions required to address the good neighbor
provision with respect to the 1997 annual PM2.5 and
8-hour ozone NAAQS (70 FR 21147, Apr. 25, 2005),
and the 2008 8-hour ozone NAAQS (80 FR 39961,
June 13, 2015). In addition, EPA disapproved
Alabama’s SIP revision submitted to address the
good neighbor provision with respect to the 2006
24-hour PM2.5 NAAQS. See 76 FR 43128 (July 20,
2011). Accordingly, as a part of CSAPR and the
CSAPR Update, EPA promulgated FIPs applicable
to sources in Alabama addressing the good neighbor
provision with respect to these standards.
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using either CSAPR’s federal emissions
trading programs or state emissions
trading programs integrated with the
federal programs, provided that the SIP
revisions meet all relevant criteria.4
Through such a SIP revision, a state may
replace EPA’s default provisions for
allocating emission allowances among
the state’s units, employing any stateselected methodology to allocate or
auction the allowances, subject to
timing conditions and limits on overall
allowance quantities. In the case of
CSAPR’s federal trading programs for
ozone season NOX emissions (or an
integrated state trading program), a state
may also expand trading program
applicability to include certain smaller
EGUs.5 If a state wants to replace the
CSAPR FIP requirements with SIP
requirements under which the state’s
units participate in a state trading
program that is integrated with and
identical to the federal trading program
even as to the allocation and
applicability provisions, the state may
submit a SIP revision for that purpose
as well. However, no emissions budget
increases or other substantive changes
to the trading program provisions are
allowed. A state whose units are subject
to multiple CSAPR federal trading
programs may submit SIP revisions to
modify or replace either some or all of
those FIP requirements.
States can submit two basic forms of
CSAPR-related SIP revisions effective
for emissions control periods in 2017 or
later years.6 Specific conditions for
approval of each form of SIP revision
are set forth in the CSAPR regulations,
as described in section III below. Under
the first alternative—an ‘‘abbreviated’’
SIP revision—a state may submit a SIP
revision that upon approval replaces the
default allowance allocation and/or
applicability provisions of a CSAPR
federal trading program for the state.7
Approval of an abbreviated SIP revision
leaves the corresponding CSAPR FIP
and all other provisions of the relevant
4 See 40 CFR 52.38, 52.39. States also retain the
ability to submit SIP revisions to meet their
transport-related obligations using mechanisms
other than the CSAPR federal trading programs or
integrated state trading programs.
5 States covered by both the CSAPR Update and
the NOX SIP Call have the additional option to
expand applicability under the CSAPR NOX Ozone
Season Group 2 Trading Program to include nonEGUs that would have participated in the NOX
Budget Trading Program.
6 CSAPR also provides for a third, more
streamlined form of SIP revision that is effective
only for control periods in 2016 (or 2018 for CSAPR
NOX Ozone Season Group 2 units) and is not
relevant here. See § 52.38(a)(3), (b)(3), (b)(7);
§ 52.39(d), (g).
7 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
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federal trading program in place for the
state’s units.
Under the second alternative—a
‘‘full’’ SIP revision—a state may submit
a SIP revision that upon approval
replaces a CSAPR federal trading
program for the state with a state trading
program integrated with the federal
trading program, so long as the state
trading program is substantively
identical to the federal trading program
or does not substantively differ from the
federal trading program except as
discussed above with regard to the
allowance allocation and/or
applicability provisions.8 For purposes
of a full SIP revision, a state may either
adopt state rules with complete trading
program language, incorporate the
federal trading program language into its
state rules by reference (with
appropriate conforming changes), or
employ a combination of these
approaches.
The CSAPR regulations identify
several important consequences and
limitations associated with approval of
a full SIP revision. First, upon EPA’s
approval of a full SIP revision as
correcting the deficiency in the state’s
SIP that was the basis for a particular set
of CSAPR FIP requirements, the
obligation to participate in the
corresponding CSAPR federal trading
program is automatically eliminated for
units subject to the state’s jurisdiction
without the need for a separate EPA
withdrawal action, so long as EPA’s
approval of the SIP revision as meeting
the requirements of the CSAPR
regulations is full and unconditional.9
Second, approval of a full SIP revision
does not terminate the obligation to
participate in the corresponding CSAPR
federal trading program for any units
located in any Indian country within the
borders of the state, and if and when a
unit is located in Indian country within
a state’s borders, EPA may modify the
SIP approval to exclude from the SIP,
and include in the surviving CSAPR FIP
instead, certain trading program
provisions that apply jointly to units in
the state and to units in Indian country
within the state’s borders.10 Finally, if at
the time a full SIP revision is approved
EPA has already started recording
allocations of allowances for a given
control period to a state’s units, the
federal trading program provisions
authorizing EPA to complete the process
of allocating and recording allowances
for that control period to those units
8 40
CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
10 40 CFR 52.38(a)(5)(iv)–(v), (a)(6), (b)(5)(v)–(vi),
(b)(9)(vi)–(vii), (b)(10)(i); 52.39(f)(4)–(5), (i)(4)–(5),
(j).
9 40
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will continue to apply, unless EPA’s
approval of the SIP revision provides
otherwise.11
In the CSAPR rulemaking, among
other findings, EPA determined that air
pollution transported from Alabama
would unlawfully affect other states’
ability to attain or maintain the 1997
8-hour Ozone NAAQS.12 In the CSAPR
Update rulemaking, EPA determined
that air pollution transported from
Alabama would unlawfully affect other
states’ ability to attain or maintain the
2008 8-hour Ozone NAAQS and
established an ozone season NOX budget
for Alabama’s EGUs representing a
partial remedy for the State’s interstate
transport obligations with respect to that
NAAQS; 13 determined that Alabama’s
previous ozone season NOX budget
established in the CSAPR rulemaking as
a partial remedy for the State’s interstate
transport obligations with respect to the
1997 8-hour Ozone NAAQS now
represented a full remedy with respect
to that NAAQS; 14 and coordinated
compliance requirements by allowing
compliance with the new CSAPR
Update budget to serve the purpose of
addressing the State’s obligations with
respect to both NAAQS.15 Alabama
units meeting the CSAPR applicability
criteria are consequently subject to
CSAPR FIP requirements for
participation in the CSAPR NOX Ozone
Season Group 2 Trading Program in
order to address the State’s interstate
transport obligations with respect to
both the 1997 8-hour Ozone NAAQS
(full remedy) and the 2008 8-hour
Ozone NAAQS (partial remedy).16
On October 26, 2015, Alabama
submitted to EPA a SIP revision
including provisions that, if approved,
would incorporate into Alabama’s SIP
state trading program regulations that
would replace the CSAPR federal
trading program regulations with regard
to Alabama units’ ozone season NOX
emissions.17 On May 19, 2017, Alabama
submitted to EPA a SIP revision that
11 40
CFR 52.38(a)(7), (b)(11); 52.39(k).
76 FR 48208, 48210, 48213 (August 8,
2011). EPA also determined in the CSAPR
rulemaking that air pollution transported from
Alabama would unlawfully affect other states’
ability to attain or maintain the 1997 annual PM2.5
NAAQS and the 2006 24-hour PM2.5 NAAQS.
Alabama previously submitted, and EPA previously
approved, a SIP revision that replaces the CSAPR
FIPs for the annual trading programs in Alabama.
See 81 FR 59869 (August 31, 2016).
13 CSAPR Update, 81 FR at 74507–08.
14 Id. at 74525.
15 Id. at 74563 n.169.
16 40 CFR 52.38(b)(2)(iii); 52.54(b).
17 As discussed above, the October 26, 2015
submittal also contained provisions related to the
annual NOX and SO2 trading programs, which EPA
approved in a separate rulemaking. See 81 FR
59869 (August 31, 2016).
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12 See
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supersedes portions of the October 26,
2015, submittal to reflect changes from
the CSAPR Update.18 On August 4,
2017, Alabama sent a letter clarifying
the State’s interpretation concerning the
allowances for the Indian country new
unit set aside for Alabama.
In a notice of proposed rulemaking
(NPRM) published on August 17, 2017
(82 FR 39070), EPA proposed to approve
the portions of Alabama’s October 26,
2015, and May 19, 2017, SIP submittals
designed to replace the federal CSAPR
NOX Ozone Season Group 2 Trading
Program. The NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before September 18, 2017.
EPA received no adverse comments on
the proposed action.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of ADEM Administrative
Code rules 335–3–8–.39 through 335–3–
8–.70, state effective on June 9, 2017,
comprising Alabama’s TR NOX Ozone
Season Trading Program. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and/or at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.19
III. Final Actions
EPA is approving the portions of
Alabama’s October 26, 2015, and May
19, 2017, SIP submittals concerning the
establishment for Alabama units of
CSAPR state trading programs for ozone
season NOX emissions. The revision
adopts into the SIP the state trading
program rules codified in ADEM
Administrative Code rules 335–3–8–.39
18 For the purposes of this rulemaking, the
October 26, 2015, and May 19, 2017, submittals
together may also be referred to as the ‘‘Alabama
ozone season submittals.’’
19 62 FR 27968 (May 22, 1997).
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through 335–3–8–.70.20 These Alabama
CSAPR state trading programs will be
integrated with the federal CSAPR NOX
Ozone Season Group 2 Trading Program
and are substantively identical to the
federal trading programs except with
regard to the allowance allocation
provisions. Following approval of these
portions of the SIP revision, Alabama
units therefore will generally be
required to meet requirements under
Alabama’s CSAPR state trading
programs equivalent to the requirements
the units otherwise would have been
required to meet under the
corresponding CSAPR federal trading
programs, but allocations to Alabama
units of CSAPR NOX Ozone Season
Group 2 allowances for compliance
periods in 2019 and later years will be
determined according to the SIP’s
allocation provisions at Alabama rule
335–3–8–.46 instead of EPA’s default
allocation provisions at 40 CFR
97.811(a) and (b)(1) and 97.812(a). EPA
is approving these portions of the SIP
revision because they meet the
requirements of the CAA and EPA’s
regulations for approval of a CSAPR full
SIP revision replacing a federal trading
program with a state trading program
that is integrated with and substantively
identical to the federal trading program
except for permissible differences with
respect to emission allowance allocation
provisions.
EPA promulgated the FIP provisions
requiring Alabama units to participate
in the federal CSAPR NOX Ozone
Season Group 2 Trading Program in
order to address Alabama’s obligations
under CAA section 110(a)(2)(D)(i)(I)
with respect to the 1997 8-hour Ozone
NAAQS and the 2008 8-hour Ozone
NAAQS in the absence of SIP provisions
addressing those requirements. Under
the CSAPR regulations, upon EPA’s full
and unconditional approval of a SIP
revision as correcting the SIP’s
deficiency that is the basis for a
particular CSAPR FIP, the obligation to
participate in the corresponding CSAPR
federal trading program is automatically
eliminated for units subject to the state’s
jurisdiction (but not for any units
located in any Indian country within the
state’s borders).21 Approval of the
portions of Alabama’s SIP submittal
adopting CSAPR state trading program
rules for ozone season NOX
substantively identical to the
corresponding CSAPR federal trading
20 Alabama’s rules use the terms ‘‘Transport Rule’’
and ‘‘TR’’ instead of the updated terms ‘‘Cross-State
Air Pollution Rule’’ and ‘‘CSAPR.’’ For simplicity,
EPA uses the updated terms here except where
otherwise noted.
21 40 CFR 52.38(b)(10); see also 40 CFR
52.54(b)(1) & (2).
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program regulations (or differing only
with respect to the allowance allocation
methodology) satisfies Alabama’s
obligation pursuant to CAA section
110(a)(2)(D)(i)(I) to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 8-hour Ozone
NAAQS in any other state. This
approval also partially satisfies
Alabama’s obligation pursuant to CAA
section 110(a)(2)(D)(i)(I) to prohibit
emissions which will significantly
contribute to nonattainment or interfere
with maintenance of the 2008 8-hour
Ozone NAAQS in any other state. Thus,
the approval corrects the same
deficiencies in the SIP that otherwise
would be corrected by those CSAPR
FIPs. The approval of the portions of
Alabama’s SIP submittal establishing
CSAPR state trading program rules for
ozone season NOX emissions therefore
also results in the automatic termination
of the obligations of Alabama units to
participate in the federal CSAPR NOX
Ozone Season Group 2 Trading
Program.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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);
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• 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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 5, 2017. 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
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46677
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,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 25, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart A—General Provisions
§ 52.38
[Amended]
2. In § 52.38, paragraph (b)(13)(iv) is
amended by removing the word
‘‘[none]’’ at the end of the paragraph and
adding in its place the word ‘‘Alabama’’.
■
Subpart B–Alabama
3. In § 52.50, the table in paragraph (c)
is amended by adding the entries
‘‘Section 335–3–8–.39,’’ ‘‘Section 335–
3–8–.40,’’ ‘‘Section 335–3–8–.41,’’
‘‘Section 335–3–8–.42’’, ‘‘Section 335–
3–8–.43’’, ‘‘Section 335–3–8–.44’’,
‘‘Section 335–3–8–.45’’, ‘‘Section 335–
3–8–.46’’, ‘‘Section 335–3–8–.47’’,
‘‘Section 335–3–8–.48’’, ‘‘Section 335–
3–8–.49’’, ‘‘Section 335–3–8–.50’’,
‘‘Section 335–3–8–.51’’, ‘‘Section 335–
3–8–.52’’, ‘‘Section 335–3–8–.53’’,
‘‘Section 335–3–8–.54’’, ‘‘Section 335–
3–8–.55’’, ‘‘Section 335–3–8–.56’’,
‘‘Section 335–3–8–.57’’, ‘‘Section 335–
3–8–.58’’, ‘‘Section 335–3–8–.59’’,
‘‘Section 335–3–8–.60’’, ‘‘Section 335–
3–8–.61’’, ‘‘Section 335–3–8–.62’’,
‘‘Section 335–3–8–.63’’, ‘‘Section 335–
3–8–.64’’, ‘‘Section 335–3–8–.65’’,
‘‘Section 335–3–8–.66’’, ‘‘Section 335–
3–8–.67’’, ‘‘Section 335–3–8–.68’’,
‘‘Section 335–3–8–.69’’, and ‘‘Section
335–3–8–.70’’ in numerical order to
read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\06OCR1.SGM
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*
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
EPA APPROVED ALABAMA REGULATIONS
State citation
*
State effective
date
*
*
Chapter No. 335–3–8
Section 335–3–8–.46 .............
Section 335–3–8–.47 .............
Section 335–3–8–.48 .............
Section 335–3–8–.49 .............
Section 335–3–8–.50 .............
Section 335–3–8–.51 .............
Section 335–3–8–.52 .............
Section 335–3–8–.53 .............
Section 335–3–8–.54 .............
Section 335–3–8–.55 .............
Section 335–3–8–.56 .............
Section 335–3–8–.57 .............
asabaliauskas on DSKBBXCHB2PROD with RULES
Section 335–3–8–.58 .............
Section 335–3–8–.59 .............
Section 335–3–8–.60 .............
Section 335–3–8–.61 .............
Section 335–3–8–.62 .............
VerDate Sep<11>2014
16:21 Oct 05, 2017
*
NOX Ozone Season Group 2 Trading
Budgets and Variability Limits.
TR NOX Ozone Season Group 2 Allowance Allocations.
Reserved ...........................................
*
6/9/2017
11/24/2015
6/9/2017
*
*
10/6/2017, [insert Federal
Register citation].
*
10/6/2017, [insert Federal
Register citation].
11/24/2015
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
6/9/2017
11/24/2015
6/9/2017
Establishment of Compliance Accounts, Assurance Accounts, and
General Accounts.
Recordation of TR NOX Ozone Season Group 2 Allowance Allocations
and Auction Results.
Submission of TR NOX Ozone Season Group 2 Allowance Transfers.
Recordation of TR NOX Ozone Season Group 2 Allowance Transfers.
Compliance with TR NOX Ozone
Season Group 2 Emissions Limitation.
Compliance with TR NOX Ozone
Season Group 2 Assurance Provisions.
Banking ..............................................
TR NOX Ozone Season Group 2
Trading Program—Account Error.
Fmt 4700
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
Objections Concerning Designated
Representative and Alternate Designated Representative.
Delegation by Designated Representative and Alternate Designated Representative.
Reserved ...........................................
Frm 00024
*
10/6/2017, [insert Federal
Register citation].
6/9/2017
PO 00000
*
6/9/2017
Authorization of Designated Representative and Alternate Designated Representative.
Responsibilities of Designated Representative and Alternate Designated Representative.
Changing Designated Representative
and Alternate Designated Representative; Changes in Owners
and Operators; Changes in Units
at the Source.
Certificate of Representation .............
Jkt 244001
Explanation
Control of Nitrogen Oxides Emissions
*
*
*
Section 335–3–8–.39 ............. TR NOX Ozone Season Group 2
Trading Program—Purpose and
Definitions.
Section 335–3–8–.40 ............. TR NOX Ozone Season Group 2
Trading Program—Applicability.
Section 335–3–8–.41 ............. TR NOX Ozone Season Group 2
Trading Program—Retired Unit Exemption.
Section 335–3–8–.42 ............. TR NOX Ozone Season Group 2
Trading Program—Standard Requirements.
Section 335–3–8–.43 ............. TR NOX Ozone Season Group 2
Trading Program—Computation of
Time.
Section 335–3–8–.44 ............. Administrative Appeal Procedures ....
Section 335–3–8–.45 .............
EPA approval date
*
Title/subject
6/9/2017
10/6/2017, [insert Federal
Register citation].
6/9/2017
10/6/2017, [insert Federal
Register citation].
6/9/2017
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
10/6/2017, [insert Federal
Register citation].
11/24/2015
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
6/9/2017
10/6/2017, [insert Federal
Register citation].
6/9/2017
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
6/9/2017
6/9/2017
10/6/2017, [insert Federal
Register citation].
6/9/2017
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
Sfmt 4700
E:\FR\FM\06OCR1.SGM
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46679
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
EPA APPROVED ALABAMA REGULATIONS—Continued
State effective
date
State citation
Title/subject
Section 335–3–8–.63 .............
TR NOX Ozone Season Group 2
Trading Program—Administrator’s
Action on Submissions.
Reserved ...........................................
Section 335–3–8–.64 .............
Section 335–3–8–.65 .............
10/6/2017, [insert Federal
Register citation].
11/24/2015
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
10/6/2017, [insert Federal
Register citation].
6/9/2017
Section 335–3–8–.68 .............
Section 335–3–8–.69 .............
Recordkeeping and Reporting ..........
6/9/2017
Section 335–3–8–.70 .............
Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements.
6/9/2017
Section 335–3–8–.67 .............
*
*
*
*
*
*
*
*
[FR Doc. 2017–21523 Filed 10–5–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0356; FRL–9968–82–
Region 7]
Approval of Missouri Air Quality
Implementation Plans; Infrastructure
SIP Requirements for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
revision from the State of Missouri for
the 2008 Ozone National Ambient Air
Quality Standard (NAAQS). Section 110
of the CAA requires that each state
adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. 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 December 5, 2017, without
further notice, unless EPA receives
adverse comment by November 6, 2017.
If EPA receives adverse comment, we
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:21 Oct 05, 2017
Jkt 244001
6/9/2017
6/9/2017
6/9/2017
*
*
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–2015–0356, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7016, or by email at
casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
PO 00000
Frm 00025
Fmt 4700
Explanation
6/9/2017
General Monitoring, Recordkeeping,
and Reporting Requirements.
Initial Monitoring System Certification
and Recertification Procedures.
Monitoring System Out-of-Control
Periods.
Notifications Concerning Monitoring
Section 335–3–8–.66 .............
EPA approval date
Sfmt 4700
*
*
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is being addressed in this
document?
EPA is approving the infrastructure
SIP submission from the State of
Missouri received on July 08, 2013, as
meeting the submittal requirements of
110(a)(1). EPA is approving the
following elements of section 110(a)(2):
(A), (B), (C), (D)(i)(II)—prevent
significant deterioration of air quality
(prong 3), (D)(ii), (E) through (H), and (J)
through (M). EPA is not acting on the
elements of section 110(a)(2)(D)(i)(I)—
significant contribution to
nonattainment (prong 1), interfering
with maintenance of the NAAQs (prong
2) because those elements were not
addressed in the SIP revision submittal.
EPA is not acting on section 110(a)(2)(I).
EPA will act on 110(a)(2)(D)(i)(II)—
protection of visibility (prong 4) in a
separate action.
A Technical Support Document (TSD)
is included as part of the docket to
discuss the details of this action,
including analysis of how the SIP meets
the applicable 110 requirements for
infrastructure SIPs.
II. Have the requirements for approval
of a SIP revision been met?
The state’s submission has met the
public notice requirements for the
Ozone infrastructure SIP submission in
accordance with 40 CFR 51.102. The
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]]>Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46674-46679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21523]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0415; FRL-9968-93--Region 4]
Air Plan Approval; Alabama; Cross-State Air Pollution Rule
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of the October 26, 2015, and May 19, 2017, State
Implementation Plan (SIP) revisions from Alabama replacing the Cross-
State Air Pollution Rule (CSAPR) federal implementation plan (FIP).
Under CSAPR, large electricity generating units (EGUs) in Alabama are
subject to FIP provisions requiring the units to participate in a
federal allowance trading program for ozone season emissions of
nitrogen oxides (NOX). This action approves into Alabama's
SIP the State's regulations requiring Alabama's affected units to
participate in a new state allowance trading program for ozone season
NOX emissions integrated with the CSAPR federal trading
programs, replacing the corresponding CSAPR FIP requirements for
Alabama. This state trading program is substantively identical to the
federal trading program except with regard to the provisions allocating
emission allowances among Alabama units. Under the CSAPR regulations,
final approval of these portions of the SIP revisions automatically
eliminates Alabama units' FIP requirements to participate in CSAPR's
federal allowance trading program for ozone season NOX
emissions. Approval also fully satisfies Alabama's good neighbor
obligation under the Clean Air Act (CAA or Act) to prohibit emissions
which will significantly contribute to nonattainment or interfere with
maintenance of the 1997 8-hour Ozone National Ambient Air Quality
Standards (NAAQS) in any other state; and partially satisfies Alabama's
good neighbor obligation under the CAA to prohibit emissions which will
significantly contribute to nonattainment or interfere with maintenance
of the 2008 8-hour Ozone NAAQS in any other state.
DATES: This rule will be effective November 6, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No EPA-R04-OAR-2017-0415. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ashten Bailey, Air Regulatory
Management Section, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Ms. Bailey can be reached by telephone at
(404) 562-9164 or via electronic mail at bailey.ashten@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background on CSAPR and CSAPR-Related SIP Revisions
EPA issued CSAPR \1\ in July 2011 and the CSAPR Update \2\ in 2016
to address
[[Page 46675]]
the requirements of CAA section 110(a)(2)(D)(i)(I) concerning
interstate transport of air pollution for specific NAAQS. As amended
(including by the 2016 CSAPR Update), CSAPR requires 27 eastern states
to limit their statewide emissions of sulfur dioxide (SO2)
and/or NOX in order to mitigate transported air pollution
unlawfully impacting other states' ability to attain or maintain four
NAAQS: The 1997 annual PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, the 1997 8-hour Ozone NAAQS, and the 2008 8-
hour Ozone NAAQS. The CSAPR emissions limitations are defined in terms
of maximum statewide ``budgets'' for emissions of annual
SO2, annual NOX, and/or ozone season
NOX by each covered state's large EGUs. The CSAPR state
budgets are implemented in two phases of generally increasing
stringency: The Phase 1 budgets apply to emissions in 2015 and 2016;
and the Phase 2 and CSAPR Update budgets apply to emissions in 2017 and
later years. As a mechanism for achieving compliance with the emissions
limitations, CSAPR establishes five federal emissions trading programs:
A program for annual NOX emissions; two geographically
separate programs for annual SO2 emissions; and two
geographically separate programs for ozone season NOX
emissions. CSAPR also establishes FIP requirements applicable to the
large EGUs in each covered state.\3\ Currently, the CSAPR FIP
provisions require each state's units to participate in up to three of
the five CSAPR trading programs.
---------------------------------------------------------------------------
\1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through EEEEE of 40 CFR part 97).
\2\ See 81 FR 74504 (October 26, 2016). The CSAPR Update was
promulgated to address interstate pollution with respect to the 2008
8-hour Ozone NAAQS and to address a judicial remand of certain
original CSAPR ozone season NOX budgets promulgated with
respect to the 1997 8-hour Ozone NAAQS. Id. at 74505. The CSAPR
Update established new emission reduction requirements addressing
the more recent ozone NAAQS and coordinated them with the remaining
emission reduction requirements addressing the older NAAQS, so that
starting in 2017, CSAPR includes two geographically separate trading
programs for ozone season NOX emissions covering EGUs in
a total of 23 states. See 40 CFR 52.38(b)(1)-(2).
\3\ States are required to submit good neighbor SIPs three years
after a NAAQS is promulgated. CAA section 110(a)(1) and (2). Where
EPA finds that a state fails to submit a required SIP or disapproves
a SIP, EPA is obligated to promulgate a FIP addressing the
deficiency. CAA section 110(c). EPA found that Alabama failed to
make timely submissions required to address the good neighbor
provision with respect to the 1997 annual PM2.5 and 8-
hour ozone NAAQS (70 FR 21147, Apr. 25, 2005), and the 2008 8-hour
ozone NAAQS (80 FR 39961, June 13, 2015). In addition, EPA
disapproved Alabama's SIP revision submitted to address the good
neighbor provision with respect to the 2006 24-hour PM2.5
NAAQS. See 76 FR 43128 (July 20, 2011). Accordingly, as a part of
CSAPR and the CSAPR Update, EPA promulgated FIPs applicable to
sources in Alabama addressing the good neighbor provision with
respect to these standards.
---------------------------------------------------------------------------
CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's federal emissions trading
programs or state emissions trading programs integrated with the
federal programs, provided that the SIP revisions meet all relevant
criteria.\4\ Through such a SIP revision, a state may replace EPA's
default provisions for allocating emission allowances among the state's
units, employing any state-selected methodology to allocate or auction
the allowances, subject to timing conditions and limits on overall
allowance quantities. In the case of CSAPR's federal trading programs
for ozone season NOX emissions (or an integrated state
trading program), a state may also expand trading program applicability
to include certain smaller EGUs.\5\ If a state wants to replace the
CSAPR FIP requirements with SIP requirements under which the state's
units participate in a state trading program that is integrated with
and identical to the federal trading program even as to the allocation
and applicability provisions, the state may submit a SIP revision for
that purpose as well. However, no emissions budget increases or other
substantive changes to the trading program provisions are allowed. A
state whose units are subject to multiple CSAPR federal trading
programs may submit SIP revisions to modify or replace either some or
all of those FIP requirements.
---------------------------------------------------------------------------
\4\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR federal trading programs or
integrated state trading programs.
\5\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-EGUs that would have participated in
the NOX Budget Trading Program.
---------------------------------------------------------------------------
States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\6\
Specific conditions for approval of each form of SIP revision are set
forth in the CSAPR regulations, as described in section III below.
Under the first alternative--an ``abbreviated'' SIP revision--a state
may submit a SIP revision that upon approval replaces the default
allowance allocation and/or applicability provisions of a CSAPR federal
trading program for the state.\7\ Approval of an abbreviated SIP
revision leaves the corresponding CSAPR FIP and all other provisions of
the relevant federal trading program in place for the state's units.
---------------------------------------------------------------------------
\6\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 (or
2018 for CSAPR NOX Ozone Season Group 2 units) and is not
relevant here. See Sec. 52.38(a)(3), (b)(3), (b)(7); Sec.
52.39(d), (g).
\7\ 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
---------------------------------------------------------------------------
Under the second alternative--a ``full'' SIP revision--a state may
submit a SIP revision that upon approval replaces a CSAPR federal
trading program for the state with a state trading program integrated
with the federal trading program, so long as the state trading program
is substantively identical to the federal trading program or does not
substantively differ from the federal trading program except as
discussed above with regard to the allowance allocation and/or
applicability provisions.\8\ For purposes of a full SIP revision, a
state may either adopt state rules with complete trading program
language, incorporate the federal trading program language into its
state rules by reference (with appropriate conforming changes), or
employ a combination of these approaches.
---------------------------------------------------------------------------
\8\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
---------------------------------------------------------------------------
The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision. First,
upon EPA's approval of a full SIP revision as correcting the deficiency
in the state's SIP that was the basis for a particular set of CSAPR FIP
requirements, the obligation to participate in the corresponding CSAPR
federal trading program is automatically eliminated for units subject
to the state's jurisdiction without the need for a separate EPA
withdrawal action, so long as EPA's approval of the SIP revision as
meeting the requirements of the CSAPR regulations is full and
unconditional.\9\ Second, approval of a full SIP revision does not
terminate the obligation to participate in the corresponding CSAPR
federal trading program for any units located in any Indian country
within the borders of the state, and if and when a unit is located in
Indian country within a state's borders, EPA may modify the SIP
approval to exclude from the SIP, and include in the surviving CSAPR
FIP instead, certain trading program provisions that apply jointly to
units in the state and to units in Indian country within the state's
borders.\10\ Finally, if at the time a full SIP revision is approved
EPA has already started recording allocations of allowances for a given
control period to a state's units, the federal trading program
provisions authorizing EPA to complete the process of allocating and
recording allowances for that control period to those units
[[Page 46676]]
will continue to apply, unless EPA's approval of the SIP revision
provides otherwise.\11\
---------------------------------------------------------------------------
\9\ 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
\10\ 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi),
(b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j).
\11\ 40 CFR 52.38(a)(7), (b)(11); 52.39(k).
---------------------------------------------------------------------------
In the CSAPR rulemaking, among other findings, EPA determined that
air pollution transported from Alabama would unlawfully affect other
states' ability to attain or maintain the 1997 8-hour Ozone NAAQS.\12\
In the CSAPR Update rulemaking, EPA determined that air pollution
transported from Alabama would unlawfully affect other states' ability
to attain or maintain the 2008 8-hour Ozone NAAQS and established an
ozone season NOX budget for Alabama's EGUs representing a
partial remedy for the State's interstate transport obligations with
respect to that NAAQS; \13\ determined that Alabama's previous ozone
season NOX budget established in the CSAPR rulemaking as a
partial remedy for the State's interstate transport obligations with
respect to the 1997 8-hour Ozone NAAQS now represented a full remedy
with respect to that NAAQS; \14\ and coordinated compliance
requirements by allowing compliance with the new CSAPR Update budget to
serve the purpose of addressing the State's obligations with respect to
both NAAQS.\15\ Alabama units meeting the CSAPR applicability criteria
are consequently subject to CSAPR FIP requirements for participation in
the CSAPR NOX Ozone Season Group 2 Trading Program in order
to address the State's interstate transport obligations with respect to
both the 1997 8-hour Ozone NAAQS (full remedy) and the 2008 8-hour
Ozone NAAQS (partial remedy).\16\
---------------------------------------------------------------------------
\12\ See 76 FR 48208, 48210, 48213 (August 8, 2011). EPA also
determined in the CSAPR rulemaking that air pollution transported
from Alabama would unlawfully affect other states' ability to attain
or maintain the 1997 annual PM2.5 NAAQS and the 2006 24-
hour PM2.5 NAAQS. Alabama previously submitted, and EPA
previously approved, a SIP revision that replaces the CSAPR FIPs for
the annual trading programs in Alabama. See 81 FR 59869 (August 31,
2016).
\13\ CSAPR Update, 81 FR at 74507-08.
\14\ Id. at 74525.
\15\ Id. at 74563 n.169.
\16\ 40 CFR 52.38(b)(2)(iii); 52.54(b).
---------------------------------------------------------------------------
On October 26, 2015, Alabama submitted to EPA a SIP revision
including provisions that, if approved, would incorporate into
Alabama's SIP state trading program regulations that would replace the
CSAPR federal trading program regulations with regard to Alabama units'
ozone season NOX emissions.\17\ On May 19, 2017, Alabama
submitted to EPA a SIP revision that supersedes portions of the October
26, 2015, submittal to reflect changes from the CSAPR Update.\18\ On
August 4, 2017, Alabama sent a letter clarifying the State's
interpretation concerning the allowances for the Indian country new
unit set aside for Alabama.
---------------------------------------------------------------------------
\17\ As discussed above, the October 26, 2015 submittal also
contained provisions related to the annual NOX and
SO2 trading programs, which EPA approved in a separate
rulemaking. See 81 FR 59869 (August 31, 2016).
\18\ For the purposes of this rulemaking, the October 26, 2015,
and May 19, 2017, submittals together may also be referred to as the
``Alabama ozone season submittals.''
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In a notice of proposed rulemaking (NPRM) published on August 17,
2017 (82 FR 39070), EPA proposed to approve the portions of Alabama's
October 26, 2015, and May 19, 2017, SIP submittals designed to replace
the federal CSAPR NOX Ozone Season Group 2 Trading Program.
The NPRM provides additional detail regarding the background and
rationale for EPA's action. Comments on the NPRM were due on or before
September 18, 2017. EPA received no adverse comments on the proposed
action.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of ADEM
Administrative Code rules 335-3-8-.39 through 335-3-8-.70, state
effective on June 9, 2017, comprising Alabama's TR NOX Ozone
Season Trading Program. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\19\
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\19\ 62 FR 27968 (May 22, 1997).
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III. Final Actions
EPA is approving the portions of Alabama's October 26, 2015, and
May 19, 2017, SIP submittals concerning the establishment for Alabama
units of CSAPR state trading programs for ozone season NOX
emissions. The revision adopts into the SIP the state trading program
rules codified in ADEM Administrative Code rules 335-3-8-.39 through
335-3-8-.70.\20\ These Alabama CSAPR state trading programs will be
integrated with the federal CSAPR NOX Ozone Season Group 2
Trading Program and are substantively identical to the federal trading
programs except with regard to the allowance allocation provisions.
Following approval of these portions of the SIP revision, Alabama units
therefore will generally be required to meet requirements under
Alabama's CSAPR state trading programs equivalent to the requirements
the units otherwise would have been required to meet under the
corresponding CSAPR federal trading programs, but allocations to
Alabama units of CSAPR NOX Ozone Season Group 2 allowances
for compliance periods in 2019 and later years will be determined
according to the SIP's allocation provisions at Alabama rule 335-3-
8-.46 instead of EPA's default allocation provisions at 40 CFR
97.811(a) and (b)(1) and 97.812(a). EPA is approving these portions of
the SIP revision because they meet the requirements of the CAA and
EPA's regulations for approval of a CSAPR full SIP revision replacing a
federal trading program with a state trading program that is integrated
with and substantively identical to the federal trading program except
for permissible differences with respect to emission allowance
allocation provisions.
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\20\ Alabama's rules use the terms ``Transport Rule'' and ``TR''
instead of the updated terms ``Cross-State Air Pollution Rule'' and
``CSAPR.'' For simplicity, EPA uses the updated terms here except
where otherwise noted.
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EPA promulgated the FIP provisions requiring Alabama units to
participate in the federal CSAPR NOX Ozone Season Group 2
Trading Program in order to address Alabama's obligations under CAA
section 110(a)(2)(D)(i)(I) with respect to the 1997 8-hour Ozone NAAQS
and the 2008 8-hour Ozone NAAQS in the absence of SIP provisions
addressing those requirements. Under the CSAPR regulations, upon EPA's
full and unconditional approval of a SIP revision as correcting the
SIP's deficiency that is the basis for a particular CSAPR FIP, the
obligation to participate in the corresponding CSAPR federal trading
program is automatically eliminated for units subject to the state's
jurisdiction (but not for any units located in any Indian country
within the state's borders).\21\ Approval of the portions of Alabama's
SIP submittal adopting CSAPR state trading program rules for ozone
season NOX substantively identical to the corresponding
CSAPR federal trading
[[Page 46677]]
program regulations (or differing only with respect to the allowance
allocation methodology) satisfies Alabama's obligation pursuant to CAA
section 110(a)(2)(D)(i)(I) to prohibit emissions which will
significantly contribute to nonattainment or interfere with maintenance
of the 1997 8-hour Ozone NAAQS in any other state. This approval also
partially satisfies Alabama's obligation pursuant to CAA section
110(a)(2)(D)(i)(I) to prohibit emissions which will significantly
contribute to nonattainment or interfere with maintenance of the 2008
8-hour Ozone NAAQS in any other state. Thus, the approval corrects the
same deficiencies in the SIP that otherwise would be corrected by those
CSAPR FIPs. The approval of the portions of Alabama's SIP submittal
establishing CSAPR state trading program rules for ozone season
NOX emissions therefore also results in the automatic
termination of the obligations of Alabama units to participate in the
federal CSAPR NOX Ozone Season Group 2 Trading Program.
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\21\ 40 CFR 52.38(b)(10); see also 40 CFR 52.54(b)(1) & (2).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 5, 2017. 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: September 25, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart A--General Provisions
Sec. 52.38 [Amended]
0
2. In Sec. 52.38, paragraph (b)(13)(iv) is amended by removing the
word ``[none]'' at the end of the paragraph and adding in its place the
word ``Alabama''.
Subpart B-Alabama
0
3. In Sec. 52.50, the table in paragraph (c) is amended by adding the
entries ``Section 335-3-8-.39,'' ``Section 335-3-8-.40,'' ``Section
335-3-8-.41,'' ``Section 335-3-8-.42'', ``Section 335-3-8-.43'',
``Section 335-3-8-.44'', ``Section 335-3-8-.45'', ``Section 335-3-
8-.46'', ``Section 335-3-8-.47'', ``Section 335-3-8-.48'', ``Section
335-3-8-.49'', ``Section 335-3-8-.50'', ``Section 335-3-8-.51'',
``Section 335-3-8-.52'', ``Section 335-3-8-.53'', ``Section 335-3-
8-.54'', ``Section 335-3-8-.55'', ``Section 335-3-8-.56'', ``Section
335-3-8-.57'', ``Section 335-3-8-.58'', ``Section 335-3-8-.59'',
``Section 335-3-8-.60'', ``Section 335-3-8-.61'', ``Section 335-3-
8-.62'', ``Section 335-3-8-.63'', ``Section 335-3-8-.64'', ``Section
335-3-8-.65'', ``Section 335-3-8-.66'', ``Section 335-3-8-.67'',
``Section 335-3-8-.68'', ``Section 335-3-8-.69'', and ``Section 335-3-
8-.70'' in numerical order to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
[[Page 46678]]
EPA Approved Alabama Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-8-.39.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Purpose and Definitions.
Section 335-3-8-.40.............. TR NOX Ozone Season Group 11/24/2015 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Applicability.
Section 335-3-8-.41.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Retired Unit Exemption.
Section 335-3-8-.42.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Standard Requirements.
Section 335-3-8-.43.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Computation of Time.
Section 335-3-8-.44.............. Administrative Appeal 11/24/2015 10/6/2017, [insert Federal Register ....................................
Procedures. citation].
Section 335-3-8-.45.............. NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Register ....................................
Trading Budgets and citation].
Variability Limits.
Section 335-3-8-.46.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Allowance Allocations. citation].
Section 335-3-8-.47.............. Reserved................. 11/24/2015 10/6/2017, [insert Federal Register ....................................
citation].
Section 335-3-8-.48.............. Authorization of 6/9/2017 10/6/2017, [insert Federal Register ....................................
Designated citation].
Representative and
Alternate Designated
Representative.
Section 335-3-8-.49.............. Responsibilities of 6/9/2017 10/6/2017, [insert Federal Register ....................................
Designated citation].
Representative and
Alternate Designated
Representative.
Section 335-3-8-.50.............. Changing Designated 6/9/2017 10/6/2017, [insert Federal Register ....................................
Representative and citation].
Alternate Designated
Representative; Changes
in Owners and Operators;
Changes in Units at the
Source.
Section 335-3-8-.51.............. Certificate of 6/9/2017 10/6/2017, [insert Federal Register ....................................
Representation. citation].
Section 335-3-8-.52.............. Objections Concerning 6/9/2017 10/6/2017, [insert Federal Register ....................................
Designated citation].
Representative and
Alternate Designated
Representative.
Section 335-3-8-.53.............. Delegation by Designated 6/9/2017 10/6/2017, [insert Federal Register ....................................
Representative and citation].
Alternate Designated
Representative.
Section 335-3-8-.54.............. Reserved................. 11/24/2015 10/6/2017, [insert Federal Register ....................................
citation].
Section 335-3-8-.55.............. Establishment of 6/9/2017 10/6/2017, [insert Federal Register ....................................
Compliance Accounts, citation].
Assurance Accounts, and
General Accounts.
Section 335-3-8-.56.............. Recordation of TR NOX 6/9/2017 10/6/2017, [insert Federal Register ....................................
Ozone Season Group 2 citation].
Allowance Allocations
and Auction Results.
Section 335-3-8-.57.............. Submission of TR NOX 6/9/2017 10/6/2017, [insert Federal Register ....................................
Ozone Season Group 2 citation].
Allowance Transfers.
Section 335-3-8-.58.............. Recordation of TR NOX 6/9/2017 10/6/2017, [insert Federal Register ....................................
Ozone Season Group 2 citation].
Allowance Transfers.
Section 335-3-8-.59.............. Compliance with TR NOX 6/9/2017 10/6/2017, [insert Federal Register ....................................
Ozone Season Group 2 citation].
Emissions Limitation.
Section 335-3-8-.60.............. Compliance with TR NOX 6/9/2017 10/6/2017, [insert Federal Register ....................................
Ozone Season Group 2 citation].
Assurance Provisions.
Section 335-3-8-.61.............. Banking.................. 6/9/2017 10/6/2017, [insert Federal Register ....................................
citation].
Section 335-3-8-.62.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Account Error.
[[Page 46679]]
Section 335-3-8-.63.............. TR NOX Ozone Season Group 6/9/2017 10/6/2017, [insert Federal Register ....................................
2 Trading Program-- citation].
Administrator's Action
on Submissions.
Section 335-3-8-.64.............. Reserved................. 11/24/2015 10/6/2017, [insert Federal Register ....................................
citation].
Section 335-3-8-.65.............. General Monitoring, 6/9/2017 10/6/2017, [insert Federal Register ....................................
Recordkeeping, and citation].
Reporting Requirements.
Section 335-3-8-.66.............. Initial Monitoring System 6/9/2017 10/6/2017, [insert Federal Register ....................................
Certification and citation].
Recertification
Procedures.
Section 335-3-8-.67.............. Monitoring System Out-of- 6/9/2017 10/6/2017, [insert Federal Register ....................................
Control Periods. citation].
Section 335-3-8-.68.............. Notifications Concerning 6/9/2017 10/6/2017, [insert Federal Register ....................................
Monitoring. citation].
Section 335-3-8-.69.............. Recordkeeping and 6/9/2017 10/6/2017, [insert Federal Register ....................................
Reporting. citation].
Section 335-3-8-.70.............. Petitions for 6/9/2017 10/6/2017, [insert Federal Register ....................................
Alternatives to citation].
Monitoring,
Recordkeeping, or
Reporting Requirements.
* * * * * * *
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* * * * *
[FR Doc. 2017-21523 Filed 10-5-17; 8:45 am]
BILLING CODE 6560-50-P
