[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13275-13279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04889]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, and 97
[EPA-HQ-OAR-2009-0491; FRL-9943-36-OAR]
RIN 2060-AS40
Rulemaking To Affirm Interim Amendments to Dates in Federal
Implementation Plans Addressing Interstate Transport of Ozone and Fine
Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is affirming and
making permanent certain amendments previously made on an interim basis
to the Code of Federal Regulations (CFR) provisions implementing the
Cross-State Air Pollution Rule (CSAPR). The purpose of the interim
amendments was to correctly reflect CSAPR's compliance deadlines as
revised by the effect of the action of the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit or Court)
granting the EPA's motion to lift the previous stay of CSAPR and delay
(toll) its deadlines by three years. Consistent with the Court's order,
the interim amendments corrected the CFR text to indicate that CSAPR's
Phase 1 emissions budgets apply in 2015 and 2016 and that CSAPR's Phase
2 emissions budgets and assurance provisions apply in 2017 and beyond.
The interim amendments similarly corrected dates in the CFR text
related to specific activities required or permitted under CSAPR by
regulated sources, the EPA, and states, as well as dates related to the
sunsetting of obligations arising under the Clean Air Interstate Rule
(CAIR) upon its replacement by CSAPR. In this action, following
consideration of comments received on the interim amendments, the EPA
is affirming the interim amendments and making them permanent without
change. This action is independent of a separate currently pending EPA
proposal to update CSAPR to address the 2008 National Ambient Air
Quality Standards for ozone.
DATES: The effective date of this action is May 13, 2016.
ADDRESSES: The EPA is including this action in Docket ID No. EPA-HQ-
OAR-2009-0491, which is also the docket for the original CSAPR
rulemaking and other related rulemakings. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air and Radiation Docket, William Jefferson Clinton
Building West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: David Risley, Clean Air Markets
Division, Office of Atmospheric Programs, U.S. Environmental Protection
Agency, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460;
telephone number: (202) 343-9177; email address: [email protected].
Electronic copies of this document can be accessed through the EPA Web
site at: http://www.epa.gov/airmarkets.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Entities regulated by CSAPR are fossil fuel-
fired boilers and stationary combustion turbines that serve generators
producing electricity for sale, including combined cycle units and
units operating as part of systems that cogenerate electricity and
other useful energy output. Regulated categories and entities include:
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Examples of potentially
Category NAICS * code regulated industries
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Industry....................... 221112 Fossil fuel electric
power generation.
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* North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated. This table
lists the types of entities of which the EPA is now aware that could
potentially be regulated. Other types of entities not listed in the
table could also be regulated. To determine whether your facility is
regulated by CSAPR, you should carefully examine the applicability
provisions in 40 CFR 97.404, 97.504, 97.604, and 97.704. If you have
questions regarding the applicability of CSAPR to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Judicial Review. Judicial review of this rule is available only by
filing a petition for review in the D.C. Circuit on or before May 13,
2016. Under section 307(b)(1) of the Clean Air Act (CAA), judicial
review of EPA final action under the CAA that is ``nationally
applicable'' or that the Administrator determines is of ``nationwide
scope or effect'' is available only in the D.C. Circuit. Because the
interim amendments that are being affirmed and made permanent in this
rule apply to sources in 28 states, this rule is ``nationally
applicable'' within the meaning of section 307(b)(1). For the same
reason, the Administrator determines that this rule is of ``nationwide
scope or effect'' for purposes of section 307(b)(1). CAA section
307(b)(1) also provides that filing a petition for reconsideration by
the Administrator of this rule does not affect the finality of the rule
for the purposes of judicial review, does not extend the time within
which a petition for judicial review may be filed, and does not
postpone the effectiveness of the rule. Under CAA section 307(b)(2),
the requirements established by this rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.
Outline. The following outline is provided to aid in locating
information in this preamble.
I. Background on CSAPR and the Interim Amendments
II. Consideration of Comments and Affirmation of Amendments
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and
Executive
[[Page 13276]]
Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Background on CSAPR and the Interim Amendments
In this section, the EPA summarizes the rulemaking and litigation
history leading to the interim amendments and the content of the
amendments.
The EPA issued the Cross-State Air Pollution Rule (CSAPR)\1\ in
July 2011 to address CAA requirements concerning interstate transport
of air pollution and to replace the Clean Air Interstate Rule (CAIR),
which the D.C. Circuit had remanded to the EPA for replacement. As
subsequently amended, CSAPR requires 28 states to limit their state-
wide emissions of sulfur dioxide (SO2) and/or nitrogen
oxides (NOX) in order to reduce or eliminate the states'
unlawful contributions to fine particulate matter and/or ground-level
ozone pollution in other states. The emissions limitations are defined
in terms of maximum state-wide ``budgets'' for emissions of annual
SO2, annual NOX, and/or ozone-season
NOX by each state's large electricity generating units
(EGUs). The emissions budgets are implemented in two phases of
generally increasing stringency, with the Phase 1 budgets originally
scheduled to apply to emissions in 2012 and 2013 and the Phase 2
budgets originally scheduled to apply to emissions in 2014 and later
years.
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\1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011).
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As the mechanism for achieving compliance with the emissions
limitations, CSAPR establishes federal implementation plans (FIPs) that
require large EGUs in each affected state to participate in one or more
new emissions trading programs that supersede the existing CAIR
emissions trading programs. Interstate trading of CSAPR's emission
allowances is permitted, but the rule includes ``assurance provisions''
designed to ensure that individual states' emissions in each Phase 2
compliance period do not exceed the states' respective emissions
budgets for that period by more than specified ``variability limits.''
CSAPR allows states to elect to revise their state implementation
plans (SIPs) to modify or replace the FIPs while continuing to rely on
the rule's trading programs for compliance with the emissions
limitations, and establishes certain requirements and deadlines related
to those optional SIP revisions. The rule also contains provisions that
sunset CAIR-related obligations on a schedule coordinated with the
implementation of CSAPR compliance requirements.
Certain industry and state and local government petitioners
challenged CSAPR in the D.C. Circuit and filed motions seeking a stay
of the rule pending judicial review. On December 30, 2011, the Court
granted a stay of the rule, ordering the EPA to continue administering
CAIR on an interim basis.\2\ In a subsequent decision on the merits,
the Court vacated CSAPR based on a subset of petitioners' claims, but
on April 29, 2014, the U.S. Supreme Court reversed that decision and
remanded the case to the D.C. Circuit for further proceedings.\3\
Throughout the initial round of D.C. Circuit proceedings and the
ensuing Supreme Court proceedings, the stay remained in place and the
EPA continued to implement CAIR. Following the Supreme Court decision,
in order to allow CSAPR to replace CAIR in an equitable and orderly
manner while further D.C. Circuit proceedings were held to resolve
petitioners' remaining claims, the EPA filed a motion asking the D.C.
Circuit to lift the stay and to toll by three years all CSAPR
compliance deadlines that had not passed as of the date of the stay
order.\4\ On October 23, 2014, the Court granted the EPA's motion.\5\
The Court later issued a decision denying most of petitioners'
remaining claims while remanding certain state budgets to the EPA for
reconsideration.\6\
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\2\ Order, Document #1350421, EME Homer City Generation, L.P. v.
EPA, No. 11-1302 (D.C. Cir. issued Dec. 30, 2011).
\3\ EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014), reversing 696 F.3d 7 (D.C. Cir. 2012).
\4\ Respondents' Motion to Lift the Stay Entered on December 30,
2011, Document #1499505, EME Homer City Generation, L.P. v. EPA, No.
11-1302 (D.C. Cir. filed June 26, 2014); see also Reply in Further
Support of Motion to Lift Stay, Document #1508914, EME Homer City
Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. filed August 22,
2014). Both documents are available in the docket.
\5\ Order, Document #1518738, EME Homer City Generation, L.P. v.
EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014).
\6\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C.
Cir. 2015).
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Following the order lifting the stay, the EPA made ministerial
amendments to the dates in the CSAPR regulatory text in 40 CFR parts
51, 52, and 97 to clarify how the EPA would implement the rule
consistent with the D.C. Circuit's order granting the EPA's motion to
lift the stay and toll the rule's deadlines. Generally, the amendments
tolled all dates and years in the then-current regulatory text that had
not passed as of December 30, 2011 (the date of the stay order) by
three calendar years. The purpose of the ministerial amendments was to
restore parties and the rule to the status that would have existed but
for the stay, albeit three years later; preserve the rule's internal
consistency; render moot questions as to whether the Court's order
might not have tolled some of the individual dates being amended; and
provide clarity to stakeholders and the public, thereby permitting
orderly implementation of the rule. Implementation of Phase 1 of CSAPR
began on January 1, 2015, consistent with the D.C. Circuit's order and
with the amended deadlines in the CSAPR regulatory text.
The ministerial amendments were described in detail in a December
2014 Federal Register document.\7\ The most fundamental amendments made
clear that, consistent with the Court's order, compliance with CSAPR's
Phase 1 emissions budgets is now required in 2015 and 2016 (instead of
2012 and 2013) and compliance with the rule's Phase 2 emissions budgets
and assurance provisions is now required in 2017 and beyond (instead of
2014 and beyond).\8\ Other amendments tolled specific deadlines for
sources to certify monitoring systems and to start reporting emissions,
for the EPA to allocate and record emission allowances, and for states
to take optional steps to modify or replace their CSAPR FIPs through
SIP revisions. Dates were also tolled in the regulatory provisions that
sunsetted CAIR-related obligations upon the replacement of CAIR by
CSAPR, and a new deadline was set for removal of CAIR NOX
allowances from allowance tracking system accounts. No regulatory text
was amended other than dates, and no
[[Page 13277]]
substantive changes to CSAPR were made.
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\7\ Rulemaking to Amend Dates in Federal Implementation Plans
Addressing Interstate Transport of Ozone and Fine Particulate
Matter, 79 FR 71663 (Dec. 3, 2014).
\8\ The EPA also administratively converted the 2012-vintage and
2013-vintage CSAPR emission allowances previously recorded in
tracking system accounts into 2015-vintage and 2016-vintage
allowances, respectively.
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The December 2014 Federal Register document publishing the
ministerial amendments also described the administrative process that
the EPA is following with respect to the amendments. After the D.C.
Circuit's October 23, 2014 order granting the EPA's motion to lift the
stay and toll CSAPR's deadlines, insufficient time remained before the
January 1, 2015 start of implementation for the EPA to complete notice-
and-comment rulemaking to amend the CSAPR regulations in the CFR so as
to reflect the new implementation schedule. In order to facilitate
orderly implementation of CSAPR, the EPA therefore amended the CSAPR
regulations in the CFR using rulemaking procedures authorized in
section 553 of the Administrative Procedure Act (5 U.S.C. 551 et seq.)
under which agencies may, upon finding good cause, issue rules without
prior notice or opportunity for public comment and make rules effective
immediately upon Federal Register publication. However, the EPA also
implemented the amendments on an interim basis only and provided notice
and an opportunity for comment on the content of the amendments. The
December 2014 document stated that the EPA would issue a final rule
confirming the interim amendments or making any further amendments that
might be necessary following consideration of any comments received.
The scope of comment requested in the December 2014 Federal
Register document regarding the interim amendments was tailored to the
narrow character of the amendments. Specifically, the EPA requested
comment on ``whether, in order to be consistent with the Court's order
tolling CSAPR deadlines by three years, the provisions of this interim
rule should become permanent or, alternatively, whether any date or
year in the regulatory text amended by the interim final rule should
either be restored to the date or year as it appeared in the regulatory
text prior to promulgation of the interim final rule or should be
changed to a date or year different from the date or year set in the
interim final rule.'' 79 FR at 71670 (emphasis added). The document
further expressly stated that ``[t]he EPA is not reopening for comment
any provisions of CSAPR other than the dates and years amended in the
interim final rule for consistency with the Court's order tolling CSAPR
deadlines by three years.'' Id.
II. Consideration of Comments and Affirmation of Amendments
In this section, the EPA summarizes and responds to the comments
received on the interim amendments and, following consideration of the
comments, takes action to affirm the interim amendments and make them
permanent.
The EPA received three comments on the interim amendments. None of
the comments addresses the topic on which comment was sought, namely
whether the interim amendments correctly tolled the deadlines in the
CSAPR regulations by three years consistent with the D.C. Circuit's
order granting the EPA's request to lift the stay. Instead, the
comments raise issues outside the scope of the interim amendments and
the request for comment.
The first commenter expresses general opposition to any tolling of
the original CSAPR deadlines, stating that the industry could meet the
CSAPR NOX Ozone Season budgets without tolling and that
tolling could lead to an increase in transported air pollution.
Although related to the CSAPR deadlines and tolling, a comment
generally opposing any tolling of the deadlines is outside the scope of
comment requested and is clearly inconsistent with the D.C. Circuit's
order granting the EPA's motion to lift the stay and toll CSAPR's
deadlines. The commenter's remaining comments are unrelated to the
CSAPR compliance deadlines or tolling. For example, the commenter
states that the EPA should promulgate an additional rulemaking to
address newer, more stringent ozone standards and in particular to
address NOX emissions on days of high electricity demand.
The commenter also advocates that the EPA not allow compliance with
CSAPR to be deemed to satisfy regulatory requirements to install best
available retrofit technology (BART) or reasonably available control
technology (RACT). Finally, the commenter states that the EPA should
provide guidance on title V permitting and on replacement of a CSAPR
FIP with an equally or more stringent SIP revision that would not
include participation in CSAPR.
The second commenter states that the CSAPR deadlines should be
tolled by four rather than three years in order to provide affected
units with additional time to install controls and generally to enable
affected units to avoid the need to undertake compliance activities
while litigation regarding CSAPR continues. As the EPA explained in the
motion to lift the stay and toll the deadlines for three years,
immediate lifting of the stay was necessary to prevent further delay in
implementation of CSAPR and its important health benefits. See
Respondent's Motion, supra note 4, at 9-13. Tolling the CSAPR deadlines
by four years instead of three would have exacerbated the
implementation delay and frustrated this important public purpose.
Further, as also explained in the motion, tolling the deadlines by
three years restored parties and the rule to the status that would have
existed but for the stay, albeit three years later, and available data
showed that compliance was readily achievable on the schedule that the
EPA proposed in the motion. Id. at 13-16. Emissions data reported over
the first year of CSAPR implementation bear out the EPA's expectations
regarding the feasibility of compliance and confirm the reasonableness
of not delaying the deadlines beyond three years.\9\
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\9\ See reported 2015 emissions data at EPA Air Markets Program
Data Web site, http://ampd.epa.gov/ampd/.
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In addition to these considerations, we also note that this
comment, like the other comments received, is outside the scope of
comment requested, even after taking account of the commenter's
argument that the comment is in scope. The commenter asserts that this
comment is on point, focusing on the phrase in the December 2014
Federal Register document asking whether any date ``should be changed
to a date or year different from the date or year set in the'' interim
amendments. However, the commenter takes that phrase out of context and
thereby misconstrues the scope of comment requested. As already noted,
the phrase cited by the commenter was qualified in the December 2014
Federal Register document by a preceding phrase making clear that the
context of the request was whether a change to a particular date or
year would improve the amendments' consistency with the D.C. Circuit's
court's order granting the EPA's motion to lift the stay and toll
CSAPR's deadlines by three years. Similarly, the following sentence in
the December 2014 Federal Register notice stated that ``[t]he EPA is
not reopening for comment any provisions of CSAPR other than the dates
and years amended in the interim final rule for consistency with the
Court's order tolling CSAPR deadlines by three years.'' Thus,
notwithstanding the commenter's assertion to the contrary, the comment
is outside the scope of comment requested and is clearly inconsistent
with the D.C. Circuit's order granting the EPA's motion to lift the
stay and toll CSAPR's deadlines by three years.
[[Page 13278]]
The third commenter states that when tolling the CSAPR compliance
deadlines, the EPA should also revise the unit-level allocations of
allowances issued to affected units in the commenter's state for the
first five program years for one of the CSAPR trading programs. When
establishing the current unit-level allowance allocations, the EPA
considered the annual emission limits imposed on certain units by
consent decrees and generally capped the annual allocations to those
units at those annual limits. See 77 FR 10324, 10329-30 (February 21,
2012). However, the annual allocations were based on the consent decree
annual limits (as then known) for what would have been CSAPR's first
five program years before tolling--i.e., 2012 through 2016--rather than
the consent decree annual limits for CSAPR's first five program years
after tolling--i.e., 2015 through 2019. Some of the commenter's units
are subject to 2015-2019 consent decree annual limits lower than the
2012-2016 consent decree annual limits that the EPA considered when
establishing the annual allocations for those units for the first five
program years, with the consequence that, after tolling, the units'
annual allocations will exceed their annual emission limits and the
excess allowances will be subject to surrender under the terms of the
consent decree.\10\ However, notwithstanding the fact that the
commenter seeks to have the EPA repeat the same general allocation
procedure that the EPA followed in previous rulemakings when
establishing CSAPR's current unit-level allowance allocations, this
comment is outside the scope of comment requested. The EPA's motion to
the D.C. Circuit sought only to lift the stay and toll CSAPR's
deadlines, and the order granting the motion cannot be construed as
authorizing changes beyond that narrow scope. Consistent with the D.C.
Circuit's order, the interim amendments were limited to changing dates
in the CFR as necessary to reflect the authorized tolling of CSAPR's
deadlines, and the scope of comment requested was limited to whether
the interim amendments correctly reflected tolling of the deadlines by
three years. Revising the unit-level allocations established in
previous rulemakings would require new notice-and-comment rulemaking
beyond the scope of the EPA's motion, the D.C. Circuit's order, and the
interim amendments, and comments seeking such new rulemaking are
outside the scope of comment requested.
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\10\ CSAPR allows states to submit SIP revisions to replace the
EPA's default allowance allocations with state-determined
allocations for any program year after 2015, and the state in which
the commenter's units are located has submitted two SIP revisions
with state-determined allocations that if approved would address the
commenter's concern for program year 2016 and for program years 2017
through 2019, respectively. The EPA has already approved the SIP
revision addressing program year 2016. 80 FR 50789 (Aug. 21, 2015).
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Having considered the comments received on the interim amendments,
the EPA has determined to affirm the amendments and make them permanent
without change. The EPA's authority to take this action is provided by
CAA sections 110 and 301 (42 U.S.C. 7410 and 7601).
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the Paperwork Reduction Act. OMB has previously approved the
information collection activities contained in the existing regulations
and has assigned OMB control number 2060-0667. This action simply
affirms and makes permanent a previous interim action tolling the
deadlines of CSAPR by three years, including the deadlines for the
rule's information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act. This action will not impose any requirements on small
entities because it does not change existing regulatory requirements.
This action simply affirms and makes permanent a previous interim
action tolling the deadlines of CSAPR by three years.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector. This action simply affirms and makes permanent a
previous interim action tolling the deadlines of CSAPR by three years.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This
action simply affirms and makes permanent a previous interim action
tolling the deadlines of CSAPR by three years.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action simply affirms and makes permanent a
previous interim action tolling the deadlines of CSAPR by three years.
Thus, Executive Order 13175 does not apply to this action. Consistent
with the EPA Policy on Consultation and Coordination with Indian
Tribes, the EPA consulted with tribal officials while developing CSAPR.
A summary of that consultation is provided in the preamble for CSAPR,
76 FR 48208, 48346 (August 8, 2011).
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it simply affirms and makes permanent a
previous interim action tolling the deadlines of the CSAPR FIPs
implementing previously promulgated health or safety-based federal
standards.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
[[Page 13279]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. This action simply affirms and makes
permanent a previous interim action tolling the deadlines of CSAPR by
three years. Consistent with Executive Order 12898 and the EPA's
environmental justice policies, the EPA considered effects on low-
income, minority, and indigenous populations while developing CSAPR.
The process and results of that consideration are described in the
preamble for CSAPR, 76 FR 48208, 48347-52 (August 8, 2011).
K. Congressional Review Act (CRA)
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 97
Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Nitrogen oxides,
Reporting and recordkeeping requirements, Sulfur dioxide.
Accordingly, the interim rule amending 40 CFR parts 51, 52, and 97
which was published at 79 FR 71663 on December 3, 2014, is adopted as a
final rule without change.
Dated: February 26, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-04889 Filed 3-11-16; 8:45 am]
BILLING CODE 6560-50-P