[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]
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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; 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, 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 [email protected].
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.
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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 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.
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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, 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.
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\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.
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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.\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.
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\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).
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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.\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.
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\8\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 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 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\
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\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).
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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\
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\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).
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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.
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\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).
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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);
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
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* * * * * * *
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