[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59869-59876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20854]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0294; FRL-9951-52-Region 4]
Air Plan Approval; Alabama; Cross-State Air Pollution Rule
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of the October 26, 2015, State Implementation Plan (SIP)
submittal from Alabama concerning the Cross-State Air Pollution Rule
(CSAPR). Under CSAPR, large electricity generating units (EGUs) in
Alabama are subject to Federal Implementation Plans (FIPs) requiring
the units to participate in CSAPR's federal trading program for annual
emissions of nitrogen oxides (NOX) and one of CSAPR's two
federal trading programs for annual emissions of sulfur dioxide
(SO2). This action approves the incorporation into Alabama's
SIP of the state's regulations requiring Alabama EGUs to participate in
new CSAPR state trading programs for annual NOX and
SO2 emissions integrated with the CSAPR federal trading
programs, replacing the corresponding FIP requirements. These CSAPR
state trading programs are substantively identical to the CSAPR federal
trading programs except with regard to the provisions allocating
emission allowances among Alabama units. EPA is approving the portions
of the SIP revision concerning these CSAPR state trading programs
because these portions of the SIP revision meet the requirements of the
Clean Air Act (CAA or Act) and EPA's regulations for approval of a
CSAPR full SIP revision replacing the requirements of a CSAPR FIP.
Under the CSAPR regulations, approval of these portions of the SIP
revision automatically eliminates Alabama units' obligations to
participate in CSAPR's federal trading programs for annual
NOX and SO2 emissions under the corresponding
CSAPR FIPs addressing interstate transport requirements for the 1997
and 2006 Fine Particulate Matter (PM2.5) national ambient
air quality standards (NAAQS). Approval of these portions of the SIP
revision fully satisfies Alabama's good neighbor obligation under the
CAA to prohibit emissions which will significantly contribute to
nonattainment or interfere with maintenance of the 1997 and 2006
PM2.5 NAAQS in any other state. This approval also addresses
the judicial remand of the federally-established CSAPR Phase 2
SO2 budget for Alabama. EPA is not acting at this time on
the portion of Alabama's SIP submittal intended to replace Alabama
units' obligations to participate in CSAPR's federal trading program
for ozone-season NOX emissions under a separate CSAPR FIP.
DATES: This rule is effective September 30, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No EPA-R04-OAR-2016-0294. 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: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Mr. Scofield can be reached by telephone at (404) 562-9034 or via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on CSAPR and CSAPR-Related SIP revisions
EPA issued CSAPR in July 2011 to address the requirements of CAA
section 110(a)(2)(D)(i)(I) concerning interstate transport of air
pollution.\1\ As amended, CSAPR requires 28 Eastern states to limit
their statewide emissions of SO2 and/or NOX in
order to mitigate transported air pollution unlawfully impacting other
states' ability to attain or maintain three NAAQS: the 1997 ozone
NAAQS, the 1997 annual PM2.5 NAAQS, and the 2006 24-hour
PM2.5 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, with the Phase 1 budgets applying to emissions in 2015 and
2016 and the Phase 2 budgets applying to emissions in 2017 and later
years. As a mechanism for achieving compliance with the emissions
limitations, CSAPR established four federal emissions trading programs:
A program for annual NOX emissions, a program for ozone-
season NOX emissions, and two geographically separate
programs for annual SO2 emissions. CSAPR also established
FIP requirements applicable to the large electricity generating units
in each covered state. The CSAPR FIP provisions require each state's
units to participate in up to three of the four CSAPR trading programs.
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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) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through DDDDD of 40 CFR part 97).
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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.\2\ 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
program for ozone-season NOX emissions (or an integrated
state trading program), a state may also expand trading program
applicability to include certain smaller electricity
[[Page 59870]]
generating units. If a state wants to replace 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 FIPs and federal trading programs
may submit SIP revisions to modify or replace either some or all of
those FIP requirements.
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\2\ 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.
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States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\3\
Specific conditions for approval of each form of SIP revision are set
forth in the CSAPR regulations. 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.\4\ 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.
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\3\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 and
is not relevant here. See Sec. 52.38(a)(3), (b)(3); Sec. 52.39(d),
(g).
\4\ Sec. 52.38(a)(4), (b)(4); Sec. 52.39(e), (h).
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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.\5\ 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.
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\5\ Sec. 52.38(a)(5), (b)(5); Sec. 52.39(f), (i).
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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 implementation plan 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 is
full and unconditional.\6\ 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.\7\ 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 will
continue to apply, unless EPA's approval of the SIP revision provides
otherwise.\8\
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\6\ Sec. 52.38(a)(6), (b)(6); Sec. 52.39(j).
\7\ Sec. 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), (b)(6);
Sec. 52.39(f)(4)-(5), (i)(4)-(5), (j).
\8\ Sec. 52.38(a)(7), (b)(7); Sec. 52.39(k).
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Certain CSAPR Phase 2 emissions budgets have been remanded to EPA
for reconsideration.\9\ However, the CSAPR trading programs remain in
effect and all CSAPR emissions budgets likewise remain in effect
pending EPA final action to address the remands. The remanded budgets
include the CSAPR Phase 2 SO2 emissions budget applicable to
Alabama units under the federal CSAPR SO2 Group 2 Trading
Program.
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\9\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138
(D.C. Cir. 2015).
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In 2015, EPA proposed to update CSAPR to address Eastern states'
interstate air pollution mitigation obligations with regard to the 2008
ozone NAAQS. Among other things, the proposed rule would amend the
Phase 2 emissions budget applicable to Alabama units under the CSAPR
NOX Ozone Season Trading Program and would make technical
corrections and nomenclature changes that would apply throughout the
CSAPR regulations, including the CSAPR FIPs at 40 CFR part 52 and the
CSAPR federal trading program regulations for annual NOX,
ozone-season NOX, and SO2 emissions at 40 CFR
part 97.\10\
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\10\ 80 FR 75706, 75710, 75757 (December 3, 2015).
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In the CSAPR rulemaking, EPA determined that air pollution
transported from Alabama would unlawfully affect other states' ability
to attain or maintain the 1997 and 2006 PM2.5 NAAQS and the
1997 ozone NAAQS.\11\ Alabama units meeting the CSAPR applicability
criteria were consequently made subject to FIP provisions requiring
participation in CSAPR federal trading programs for SO2,
annual NOX, and ozone-season NOX emissions.\12\
On October 26, 2015, Alabama submitted to EPA a SIP revision including
provisions that, if all portions were approved, would incorporate into
Alabama's SIP CSAPR state trading program regulations that would
replace the CSAPR regulations for all three of these federal trading
programs with regard to Alabama units for control periods in 2017 and
later years. In a notice of proposed rulemaking (NPRM) published on
June 28, 2016 (81 FR 41914), EPA proposed to approve portions of
Alabama's October 26, 2015, SIP submittal designed to replace the CSAPR
federal SO2 and annual NOX trading programs. EPA
did not propose to take action on the portion of the SIP submittal
designed to replace the federal CSAPR ozone-season NOX
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 July 28, 2016. EPA received no adverse comments on the
proposed action.
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\11\ 76 FR at 48213.
\12\ 40 CFR 52.38(a)(2), (b)(2); Sec. 52.39(c); Sec. 52.54(a),
(b); Sec. 52.55.
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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-.07 through 335-3-8-.38 (establishing
Alabama's ``TR NOX Annual Trading Program'') and 335-3-5-.06
through 335-3-5-.36 (establishing Alabama's ``TR SO2 Group 2
Trading Program''), effective November 24, 2015.\13\ Therefore, these
materials have
[[Page 59871]]
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.\14\ 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).
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\13\ EPA notes that ADEM Administrative Code rules 335-3-5-.06
through 335-3-05-.08 and 335-3-05-.11 through 335-3-05-.14 (state
effective November 24, 2015) for the TR SO2 Group 2
trading program have the same numeric regulatory citations as the
regulations in the SIP for Alabama's existing CAIR SO2
trading program as identified at 40 CFR 52.50(c) and that the ADEM
Administrative Code rules 335-3-8-.07 through 335-3-8-.33 (with the
exception of rules 335-3-8-.15, -.19, -.22, -.28, and -.31) (state
effective November 24, 2015) for the TR NOX Annual
trading program have the same numeric regulatory citations as the
regulations in the SIP for Alabama's existing NOX Budget
trading and the CAIR NOX Annual trading programs as
identified at 40 CFR 52.50(c). The existing NOX Budget
trading and CAIR regulations remain in the Alabama SIP and are not
superseded by the TR regulations approved into the SIP in this final
action even though these TR regulations share the same numeric
citations. Therefore, the regulatory table at 40 CFR 52.50(c)
retains the existing NOX Budget and CAIR SO2
and NOX Annual trading programs and includes the TR
SO2 Group 2 and NOX Annual trading programs.
\14\ 62 FR 27968 (May 22, 1997).
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III. Final Actions
EPA is approving the portions of Alabama's October 26, 2015, SIP
submittal concerning the establishment for Alabama units of CSAPR state
trading programs for annual NOX and SO2 emissions
for compliance periods in 2017 and later years. The revision adopts
into the SIP the state trading program rules codified in ADEM
Administrative Code rules 335-3-8-.07 through 335-3-8-.38 (establishing
Alabama's ``TR NOX Annual Trading Program'') and 335-3-5-.06
through 335-3-5-.36 (establishing Alabama's ``TR SO2 Group 2
Trading Program'').\15\ These Alabama CSAPR state trading programs will
be integrated with the federal CSAPR NOX Annual Trading
Program and the federal CSAPR SO2 Group 2 Trading Program,
respectively, and are substantively identical to the federal trading
programs except with regard to the allowance allocation provisions.\16\
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 Annual allowances for compliance
periods in 2017 and later years will be determined according to the
SIP's allocation provisions at Alabama rule 335-3-8-.14 instead of
EPA's default allocation provisions at 40 CFR 97.411(a), 97.411(b)(1),
and 97.412(a), and allocations to Alabama units of CSAPR SO2
Group 2 allowances will be determined according to the SIP's allocation
provisions at Alabama rule 335-3-5-.13 instead of EPA's default
allocation provisions at 40 CFR 97.711(a), 97.711(b)(1), and 97.712(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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\15\ Consistent with the current CSAPR regulatory text, the
Alabama rules use the terms ``Transport Rule'' and ``TR'' instead of
the updated terms ``Cross-State Air Pollution Rule'' and ``CSAPR''.
\16\ EPA has proposed to make certain technical corrections to
the CSAPR FIP and federal trading program regulations in order to
more accurately reflect EPA's intent as described in the CSAPR
rulemaking and has also proposed to replace ``TR'' with ``CSAPR''
throughout the regulations (for example, ``TR NOX Annual
unit'' would become ``CSAPR NOX Annual unit''). See 80 FR
75706, 75758. Because the proposed technical corrections merely
clarify and do not change EPA's interpretations, where the proposed
corrections would apply to a provision incorporated by reference in
the Alabama rules, EPA would interpret the Alabama rules as
reflecting the corrections. Further, EPA anticipates that if the
proposed nomenclature updates are finalized, the final CSAPR federal
regulations would explicitly provide that terms that include
``CSAPR'' encompass otherwise identical terms in approved SIP
revisions that include ``TR''.
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EPA promulgated the FIP provisions requiring Alabama units to
participate in the federal CSAPR NOX Annual Trading Program
and the federal CSAPR SO2 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 and 2006 PM2.5 NAAQS in the absence
of SIP provisions addressing those requirements. Approval of the
portions of Alabama's SIP submittal adopting CSAPR state trading
program rules for annual NOX and SO2
substantively identical to the corresponding CSAPR federal trading
program regulations (or differing only with respect to the allowance
allocation methodology) will correct the same deficiency in the SIP
that otherwise would be corrected by those CSAPR FIPs. 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).\17\ The
approval of the portions of Alabama's SIP submittal establishing CSAPR
state trading program rules for annual NOX and
SO2 emissions therefore will result in automatic termination
of the obligations of Alabama units to participate in the federal CSAPR
NOX Annual Trading Program and the federal CSAPR
SO2 Group 2 Trading Program. Further, when promulgating the
FIP provisions requiring Alabama units to participate in those two
CSAPR trading programs, EPA found that those FIP requirements would
fully satisfy 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
and 2006 PM2.5 NAAQS in any other state.\18\ This approval
of portions of Alabama's SIP revision as correcting the SIP's
deficiency that was the basis for those FIP requirements therefore
likewise fully satisfies the state's transport obligation with respect
to the 1997 and 2006 PM2.5 NAAQS.
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\17\ 40 CFR 52.38(a)(6); Sec. 52.39(j); see also Sec.
52.54(a)(1); Sec. 52.55(a).
\18\ See 76 FR 48208, 48210 (August 8, 2011).
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As noted in EPA's NPRM, the Phase 2 SO2 budget
established for Alabama in the CSAPR rulemaking has been remanded to
EPA for reconsideration.\19\ With the approval of these portions of the
SIP revision as proposed, Alabama has fulfilled its obligations to
provide a SIP that addresses the interstate transport provisions of CAA
section 110(a)(2)(D)(i)(I) with respect to the 1997 and 2006
PM2.5 NAAQS. Thus, EPA no longer has an obligation to (nor
does EPA have the authority to) address those transport requirements
through implementation of a FIP, and approval of these portions of the
SIP revision eliminates Alabama units' obligations to participate in
the federal CSAPR NOX Annual Trading Program and the federal
CSAPR SO2 Group 2 Trading Program. Elimination of Alabama
units' obligations to participate in the federal trading programs
includes elimination of the requirements to comply with the federally-
established Phase 2 budgets capping allocations of CSAPR NOX
Annual allowances and CSAPR SO2 Group 2 allowances to
Alabama units under those federal trading programs.
[[Page 59872]]
As approval of these portions of the SIP revision eliminates
requirements to comply with Alabama's remanded federally-established
Phase 2 SO2 budget and eliminates EPA's authority to subject
units in Alabama to a FIP, it is EPA's opinion that finalization of
approval of this SIP action addresses the judicial remand of Alabama's
federally-established Phase 2 SO2 budget.\20\
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\19\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138
(D.C. Cir. 2015).
\20\ Although the court in EME Homer City Generation remanded
Alabama's Phase 2 SO2 budget because it determined that
the budget was too stringent, nothing in the court's decision
affects Alabama's authority to seek incorporation into its SIP of a
state-established budget as stringent as the remanded federally-
established budget or limits EPA's authority to approve such a SIP
revision. See 42 U.S.C. 7416, 7410(k)(3).
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Large electricity generating units in Alabama are subject to
additional CSAPR FIP provisions requiring them to participate in the
federal CSAPR NOX Ozone Season Trading Program. While
Alabama's SIP submittal also seeks to replace the CSAPR FIP
requirements addressing Alabama units' ozone-season NOX
emissions, EPA is not acting on that portion of the SIP submittal at
this time. Approval of this SIP revision concerning other CSAPR trading
programs has no effect on any CSAPR FIP requirements applicable to
Alabama units regarding ozone-season NOX emissions.
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. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications 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 October 31, 2016. 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 it shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: August 16, 2016.
Heather McTeer Toney,
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 B--Alabama
0
2. Section 52.50(c) is amended by:
0
a. Adding seven new entries under ``Chapter No. 335-3-5 Control of
Sulfur Compound Emissions'' for ``335-3-5-.06'', ``335-3-5-.07'',
``335-3-5-.08'', ``335-3-5-.11'', ``335-3-5-.12'', ``335-3-5-.13'' and
``335-3-5-.14'' under each existing entry for ``335-3-5-.06'', ``335-3-
5-.07'', ``335-3-5-.08'', ``335-3-5-.11'', ``335-3-5-.12'', ``335-3-
5-.13'' and ``335-3-5-.14'' in numerical and date order;
0
b. Adding in numerical order under ``Chapter No. 335-3-5 Control of
Sulfur Compound Emissions'' new entries for ``335-3-5-.09'', ``335-3-
5-.10'', and ``335-3-5-.15'' through ``335-3-5-.36'';
0
c. Revising the title to Chapter No. 335-3-8;
0
d. Adding 21 new entries under ``Chapter No. 335-3-8 Control of
Nitrogen Oxides Emissions'' for ``335-3-8-.07'', ``335-3-8-.08'',
``335-3-8-.09'', ``335-3-8-.10'', ``335-3-8-.11'', ``335-3-8-.12'',
``335-3-8-.13'', ``335-3-8-.14'', ``335-3-8-.16'', ``335-3-8-.17'',
``335-3-8-.18'', ``335-3-8-.20'', ``335-3-8-.21'', ``335-3-8-.23'',
``335-3-8-.24'', ``335-3-8-.25'', ``335-3-8-.26'', ``335-3-8-.27'',
``335-3-8-.29'', ``335-3-8-.30'' and ``335-3-8-.33'', under each
existing entry for ``335-3-8-.07'', ``335-3-8-.08'', ``335-3-8-.09'',
``335-3-8-.10'', ``335-3-8-.11'', ``335-3-8-.12'', ``335-3-8-.13'',
``335-3-8-.14'', ``335-3-8-.16'', ``335-3-8-.17'', ``335-3-8-.18'',
``335-3-8-.20'', ``335-3-8-.21'', ``335-3-8-.23'', ``335-3-8-.24'',
``335-3-8-.25'', ``335-3-8-.26'', ``335-3-8-.27'', ``335-3-8-.29'',
``335-
[[Page 59873]]
3-8-.30'' and ``335-3-8-.33'', in numerical and date order; and
0
e. Adding in numerical order under ``Chapter No. 335-3-8 Control of
Nitrogen Oxides Emissions'' new entries for ``335-3-8-.15'', ``335-3-
8-.19'', ``335-3-8-.22'', ``335-3-8-.28'', ``335-3-8-.31'', ``335-3-
8-.34'', ``335-3-8-.35'', ``335-3-8-.36'', ``335-3-8-.37'' and ``335-3-
8-.38''.
The additions and revision read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-5 Control of Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-5-.06........... TR SO2 Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Purpose and citation of 3-5-.06 are included
Definitions. publication]. in the approved SIP.
* * * * * * *
Section 335-3-5-.07........... TR SO2 Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Applicabilit citation of 3-5-.07 are included
y. publication]. in the approved SIP.
* * * * * * *
Section 335-3-5-.08........... TR SO2 Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Retired Unit citation of 3-5-.08 are included
Exemption. publication]. in the approved SIP.
Section 335-3-5-.09........... TR SO2 Trading 11/24/2015 8/31/2016 [Insert .....................
Program--Standard citation of
Requirements. publication].
Section 335-3-5-.10........... TR SO2 Trading 11/24/2015 8/31/2016 [Insert .....................
Program--omputation citation of
of Time. publication].
* * * * * * *
Section 335-3-5-.11........... Administrative Appeal 11/24/2015 8/31/2016 [Insert Both sections of 335-
Procedures. citation of 3-5-.11 are included
publication]. in the approved SIP.
* * * * * * *
Section 335-3-5-.12........... SO2 Trading Budgets 11/24/2015 8/31/2016 [Insert Both sections of 335-
and Variability citation of 3-5-.12 are included
Limits. publication]. in the approved SIP.
* * * * * * *
Section 335-3-5-.13........... TR SO2 Allowance 11/24/2015 8/31/2016 [Insert Both sections of 335-
Allocations. citation of 3-5-.13 are included
publication]. in the approved SIP.
* * * * * * *
Section 335-3-5-.14........... Authorization of 11/24/2015 8/31/2016 [Insert Both sections of 335-
Designated citation of 3-5-.14 are included
Representative and publication]. in the approved SIP.
Alternate Designated
Representative.
Section 335-3-5-.15........... Responsibilities of 11/24/2015 8/31/2016 [Insert .....................
Designated citation of
Representative and publication].
Alternate Designated
Representative.
Section 335-3-5-.16........... Changing Designated 11/24/2015 8/31/2016 [Insert .....................
Representative and citation of
Alternate Designated publication].
Representative;
Changes in Owners and
Operators; Changes in
Units at the Source.
Section 335-3-5-.17........... Certificate of 11/24/2015 8/31/2016 [Insert .....................
Representation. citation of
publication].
Section 335-3-5-.18........... Objections Concerning 11/24/2015 8/31/2016 [Insert .....................
Designated citation of
Representative and publication].
Alternate Designated
Representative.
Section 335-3-5-.19........... Delegation by 11/24/2015 8/31/2016 [Insert .....................
Designated citation of
Representative and publication].
Alternate Designated
Representative.
[[Page 59874]]
Section 335-3-5-.20........... Reserved.............. 11/24/2015 8/31/2016 [Insert .....................
citation of
publication].
Section 335-3-5-.21........... Establishment of 11/24/2015 8/31/2016 [Insert .....................
Compliance Accounts, citation of
Assurance Accounts, publication].
and General Accounts.
Section 335-3-5-.22........... Recordation of TR SO2 11/24/2015 8/31/2016 [Insert .....................
Allowance Allocations citation of
and Auction Results. publication].
Section 335-3-5-.23........... Submission of TR SO2 11/24/2015 8/31/2016 [Insert .....................
Allowance Transfers. citation of
publication].
Section 335-3-5-.24........... Recordation of TR SO2 11/24/2015 8/31/2016 [Insert .....................
Allowance Transfers. citation of
publication].
Section 335-3-5-.25........... Compliance with TR SO2 11/24/2015 8/31/2016 [Insert .....................
Emissions Limitation. citation of
publication].
Section 335-3-5-.26........... Compliance with TR SO2 11/24/2015 8/31/2016 [Insert .....................
Assurance Provisions. citation of
publication].
Section 335-3-5-.27........... Banking............... 11/24/2015 8/31/2016 [Insert .....................
citation of
publication].
Section 335-3-5-.28........... Account Error......... 11/24/2015 8/31/2016 [Insert .....................
citation of
publication].
Section 335-3-5-.29........... Administrator's Action 11/24/2015 8/31/2016 [Insert .....................
on Submissions. citation of
publication].
Section 335-3-5-.30........... Reserved.............. 11/24/2015 8/31/2016 [Insert .....................
citation of
publication].
Section 335-3-5-.31........... General Monitoring, 11/24/2015 8/31/2016 [Insert .....................
Recordkeeping, and citation of
Reporting publication].
Requirements.
Section 335-3-5-.32........... Initial Monitoring 11/24/2015 8/31/2016 [Insert .....................
System Certification citation of
and Recertification publication].
Procedures.
Section 335-3-5-.33........... Monitoring System Out- 11/24/2015 8/31/2016 [Insert .....................
of-Control Periods. citation of
publication].
Section 335-3-5-.34........... Notifications 11/24/2015 8/31/2016 [Insert .....................
Concerning Monitoring. citation of
publication].
Section 335-3-5-.35........... Recordkeeping and 11/24/2015 8/31/2016 [Insert .....................
Reporting. citation of
publication].
Section 335-3-5-.36........... Petitions for 11/24/2015 8/31/2016 [Insert .....................
Alternatives to citation of
Monitoring, publication].
Recordkeeping, or
Reporting
Requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-8-.07........... TR NOX Annual Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Purpose and citation of 3-8-.07 are included
Definitions. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.08........... TR NOX Annual Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Applicabilit citation of 3-8-.08 are included
y. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.09........... TR NOX Annual Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Retired Unit citation of 3-8-.09 are included
Exemption. publication]. in the approved SIP.
[[Page 59875]]
* * * * * * *
Section 335-3-8-.10........... TR NOX Annual Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Standard citation of 3-8-.10 are included
Requirements. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.11........... TR NOX Annual Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Program--Computation citation of 3-8-.11 are included
of Time. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.12........... Administrative Appeal 11/24/2015 8/31/2016 [Insert Both sections of 335-
Procedures. citation of 3-8-.12 are included
publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.13........... NOX Annual Trading 11/24/2015 8/31/2016 [Insert Both sections of 335-
Budgets and citation of 3-8-.13 are included
Variability Limits. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.14........... TR NOX Annual 11/24/2015 8/31/2016 [Insert Both sections of 335-
Allowance Allocations. citation of 3-8-.14 are included
publication]. in the approved SIP.
Section 335-3-8-.15........... Reserved.............. 11/24/2015 8/31/2016 [Insert .....................
citation of
publication].
* * * * * * *
Section 335-3-8-.16........... Authorization of 11/24/2015 8/31/2016 [Insert Both sections of 335-
Designated citation of 3-8-.16 are included
Representative and publication]. in the approved SIP.
Alternate Designated
Representative.
* * * * * * *
Section 335-3-8-.17........... Responsibilities of 11/24/2015 8/31/2016 [Insert Both sections of 335-
Designated citation of 3-8-.17 are included
Representative and publication]. in the approved SIP.
Alternate Designated
Representative.
* * * * * * *
Section 335-3-8-.18........... Changing Designated 11/24/2015 8/31/2016 [Insert Both sections of 335-
Representative and citation of 3-8-.18 are included
Alternate Designated publication]. in the approved SIP.
Representative;
Changes in Owners and
Operators; Changes in
Units at the Source.
Section 335-3-8-.19........... Certificate of 11/24/2015 8/31/2016 [Insert Both sections of 335-
Representation. citation of 3-8-.19 are included
publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.20........... Objections Concerning 11/24/2015 8/31/2016 [Insert Both sections of 335-
Designated citation of 3-8-.20 are included
Representative and publication]. in the approved SIP.
Alternate Designated
Representative.
* * * * * * *
Section 335-3-8-.21........... Delegation by 11/24/2015 8/31/2016 [Insert Both sections of 335-
Designated citation of 3-8-.21 are included
Representative and publication]. in the approved SIP.
Alternate Designated
Representative.
Section 335-3-8-.22........... Reserved.............. 11/24/2015 8/31/2016 [Insert .....................
citation of
publication].
* * * * * * *
Section 335-3-8-.23........... Establishment of 11/24/2015 8/31/2016 [Insert Both sections of 335-
Compliance Accounts, citation of 3-8-.23 are included
Assurance Accounts, publication]. in the approved SIP.
and General Accounts.
* * * * * * *
Section 335-3-8-.24........... Recordation of TR NOX 11/24/2015 8/31/2016 [Insert Both sections of 335-
Annual Allowance citation of 3-8-.24 are included
Allocations and publication]. in the approved SIP.
Auction Results.
[[Page 59876]]
* * * * * * *
Section 335-3-8-.25........... Submission of TR NOX 11/24/2015 8/31/2016 [Insert Both sections of 335-
Annual Allowance citation of 3-8-.25 are included
Transfers. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.26........... Recordation of TR NOX 11/24/2015 8/31/2016 [Insert Both sections of 335-
Annual Allowance citation of 3-8-.26 are included
Transfers. publication]. in the approved SIP.
* * * * * * *
Section 335-3-8-.27........... Compliance with TR NOX 11/24/2015 8/31/2016 [Insert Both sections of 335-
Annual Emissions citation of 3-8-.27 are included
Limitation. publication]. in the approved SIP.
Section 335-3-8-.28........... Compliance with TR NOX 11/24/2015 8/31/2016 [Insert .....................
Annual Assurance citation of
Provisions. publication].
* * * * * * *
Section 335-3-8-.29........... Banking............... 11/24/2015 8/31/2016 [Insert Both sections of 335-
citation of 3-8-.297 are
publication]. included in the
approved SIP.
* * * * * * *
Section 335-3-8-.30........... Account Error......... 11/24/2015 8/31/2016 [Insert Both sections of 335-
citation of 3-8-.30 are included
publication]. in the approved SIP.
Section 335-3-8-.31........... Administrator's Action 11/24/2015 8/31/2016 [Insert .....................
on Submissions. citation of
publication].
* * * * * * *
Section 335-3-8-.33........... General Monitoring, 11/24/2015 8/31/2016 [Insert Both sections of 335-
Recordkeeping, and citation of 3-8-.33 are included
Reporting publication]. in the approved SIP.
Requirements.
Section 335-3-8-.34........... Initial Monitoring 11/24/2015 8/31/2016 [Insert .....................
System Certification citation of
and Recertification publication].
Procedures.
Section 335-3-8-.35........... Monitoring System Out- 11/24/2015 8/31/2016 [Insert .....................
of-Control Periods. citation of
publication].
Section 335-3-8-.36........... Notifications 11/24/2015 8/31/2016 [Insert .....................
Concerning Monitoring. citation of
publication].
Section 335-3-8-.37........... Recordkeeping and 11/24/2015 8/31/2016 [Insert .....................
Reporting. citation of
publication].
Section 335-3-8-.38........... Petitions for 11/24/2015 8/31/2016 [Insert .....................
Alternatives to citation of
Monitoring, publication].
Recordkeeping, or
Reporting
Requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-20854 Filed 8-30-16; 8:45 am]
BILLING CODE 6560-50-P