69880 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 

(ii) Submitted on December 21, 2010 

and adopted on July 13, 2010. 

* * * * * 

[FR Doc. 2015–28756 Filed 11–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0257; FRL–9934–89– 

Region 9] 

Approval of Air Plans; California; 

Multiple Districts; Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

under section 110 of the Clean Air Act 

(CAA or Act) to approve a State 

Implementation Plan (SIP) revision for 

five California air districts. The State of 

California (State) is required by the CAA 

to adopt and implement a SIP-approved 

Prevention of Significant Deterioration 

(PSD) permit program. This SIP revision 

incorporates PSD rules for five local 

California air districts into the 

California SIP to establish a PSD permit 

program for pre-construction review of 

certain new and modified major 

stationary sources in attainment and 

unclassifiable areas located within these 

districts. The local air districts with PSD 

rules that are the subject of this action 

are the Feather River Air Quality 

Management District (Feather River or 

FRAQMD), Great Basin Unified Air 

Pollution Control District (Great Basin 

or GBUAPCD), Butte County Air Quality 

Management District (Butte or 

BCAQMD), Santa Barbara County Air 

Pollution Control District (Santa Barbara 

or SBAPCD), and San Luis Obispo 

County Air Pollution Control District 

(San Luis Obispo or SLOAPCD)— 

collectively, the Districts. 

DATES: This rule is effective on 

December 14, 2015. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0257 for this action. Generally, 

documents in the docket for this action 

are available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. Some docket 

materials, however, may be publicly 

available only at the hard copy location 

(e.g., voluminous records, maps, 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., confidential business 

information (CBI)). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Beckham, EPA Region IX, (415) 972– 

3811, beckham.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’, 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. The EPA’s Evaluation of the SIP Revision 

A. Summary of the EPA’s Proposed Action 

B. Public Comments and the EPA’s 

Responses 

C. What action is the EPA finalizing? 

III. The EPA’s Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110(a) of the CAA requires 

states to adopt and submit regulations 

for the implementation, maintenance 

and enforcement of the primary and 

secondary NAAQS. Specifically, 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 

and 110(a)(2)(J) of the Act require such 

state plans to meet the applicable 

requirements of section 165 relating to 

a pre-construction permit program for 

the prevention of significant 

deterioration of air quality and visibility 

protection. The rules reviewed for this 

action are intended to implement a preconstruction PSD permit program as 

required by section 165 of the CAA for 

certain new and modified major 

stationary sources located in attainment 

and unclassifiable areas. Because the 

State does not currently have a SIPapproved PSD program within the 

Districts, the EPA is currently the PSD 

permitting authority within these 

Districts under a Federal 

Implementation Plan (FIP). Approval of 

the Districts’ PSD rules into the SIP will 

transfer PSD permitting authority from 

the EPA to the Districts. The EPA will 

then assume the role of overseeing the 

Districts’ PSD permitting programs, as 

intended by the CAA. 

For a more detailed discussion of the 

District’s rules, please refer to our 

proposed approval. See 80 FR 44001 

(July 24, 2015). 

II. The EPA’s Evaluation of the SIP 

Revision 

A. Summary of the EPA's Proposed 

Action 

On July 24, 2015 (80 FR 44001), the 

EPA proposed approval of the Districts’ 

PSD rules into the California SIP. We 

proposed to approve these rules because 

we determined that they satisfied the 

applicable CAA requirements. Our 

proposed rule and related Technical 

Support document (TSD) contain more 

information about the basis for this 

rulemaking and our evaluation of the 

pertinent State SIP revision submittals. 

B. Public Comments and the EPA's 

Responses 

EPA’s proposed approval action for 

this SIP revision provided a 30-day 

public comment period. We did not 

receive any comments on our proposed 

action. 

C. What action is the EPA finalizing? 

The EPA is finalizing a SIP revision 

for each District’s portion of the 

California SIP, consistent with our 

proposed approval action. The SIP 

revision will be codified in 40 CFR 

52.220 by incorporating by reference the 

rules listed in Table 1. On June 1, 2015, 

the California Air Resources Board 

(CARB) requested the withdrawal from 

its earlier SIP submittals of the portion 

of each District PSD rule that 

incorporates by reference a particular 

federal PSD rule provision—40 CFR 

52.21(b)(49)(v). As such, our approval of 

these local District rules does not 

include the rules’ incorporation by 

reference of 40 CFR 52.21(b)(49)(v). 

TABLE 1—SUBMITTED RULES

Local 

agency Rule No. Rule title Adopted Submitted 

FRAQMD ....... 10.10 Prevention of Significant Deterioration ................................................................ 8/1/2011 4/22/2013 

GBUAPCD .... 221 Prevention of Significant Deterioration (PSD) Permit Requirements for New 

Major Facilities or Major Modifications in Attainment or Unclassifiable Areas.

9/5/2012 2/6/2013 

BCAQMD ...... 1107 Prevention of Significant Deterioration (PSD) Permits ........................................ 6/28/2012 2/6/2013 

SBAPCD ....... 810 Federal Prevention of Significant Deterioration (PSD) ........................................ 6/20/2013 2/10/2014 

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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 69881 

TABLE 1—SUBMITTED RULES—Continued 

Local 

agency Rule No. Rule title Adopted Submitted 

SLOAPCD ..... 220 Federal Prevention of Significant Deterioration ................................................... 1/22/2014 5/13/2014 

In addition, letters from the Districts 

to the EPA providing certain 

clarifications regarding their PSD rules 

and the requirements of 40 CFR 51.166 

will be included as additional material 

in 40 CFR 52.220. We are also revising 

40 CFR 52.270 to reflect that upon the 

effective date of this final rule, each 

District will have a SIP-approved PSD 

program and will no longer be subject 

to the FIP for the PSD program. This SIP 

revision provides a federally approved 

and enforceable mechanism for each of 

the Districts to issue pre-construction 

PSD permits for certain new and 

modified major stationary sources 

subject to PSD review within the 

relevant District. 

As discussed in the EPA’s proposal, 

with the exception of San Luis Obispo, 

the Districts requested approval to 

exercise their authority to administer 

the PSD program with respect to those 

sources located in the relevant District 

that have existing PSD permits issued 

by the EPA, including authority to 

conduct general administration of these 

existing permits, authority to process 

and issue any and all subsequent PSD 

permit actions relating to such permits 

(e.g., modifications, amendments, or 

revisions of any nature), and authority 

to enforce such permits. Pursuant to the 

criteria in section 110(a)(2)(E)(i) of the 

CAA, we have determined that the four 

Districts have the authority, personnel, 

and funding to implement the PSD 

program within the relevant District for 

existing EPA-issued permits and 

therefore are transferring authority for 

such permits to the four Districts 

concurrent with the effective date of the 

EPA’s approval of the Districts’ PSD 

program into the SIP. The EPA intends 

to provide a copy of each such permit 

to the relevant District. 

III. The EPA’s Final Action 

The EPA is approving five PSD rules 

submitted by CARB to establish a PSD 

permit program for pre-construction 

review of certain new and modified 

major stationary sources in attainment 

or unclassifiable areas. We are 

approving these rules as a revision to 

the California SIP pursuant to section 

110(k)(3) of the Act. Specifically, we are 

approving the rules listed in Table 1, 

except for the portion of each rule that 

incorporates by reference 40 CFR 

52.21(b)(49)(v), which was subsequently 

withdrawn from CARB’s request for SIP 

approval, as explained in more detail in 

our proposal. See 80 FR at 44003–04. 

Our determination is based, in part, on 

the clarifications provided by the 

Districts related to the implementation 

of the PSD program, including the 

clarifications related to Significant 

Impact Levels (SILs) and the Significant 

Monitoring Concentrations (SMC) for 

PM2.5, in letters dated November 13, 

2014, November 25, 2014, December 16, 

2014, December 18, 2014, April 8, 2015, 

and April 15, 2015. See 80 FR at 44002– 

03. We are including these clarification 

letters as additional material in 40 CFR 

52.220. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the rules 

listed in Table 1, with the exception of 

certain provisions incorporated into 

those rules as discussed in Section III. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

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 (Public Law 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 the 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The 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 

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69882 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 

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 January 11, 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 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 9, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(428)(i)(E) and (F), 

(c)(428)(ii), (c)(429)(i)(D), (c)(429)(ii), 

(c)(441)(i)(F), (c)(441)(ii), (c)(442)(i)(H), 

and (c)(442)(ii) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(428) * * * 

(i) * * * 

(E) Great Basin Unified Air Pollution 

Control District. 

(1) Rule 221, ‘‘Prevention of 

Significant Deterioration (PSD) Permit 

Requirements for New Major Facilities 

or Major Modifications in Attainment or 

Unclassifiable Areas,’’ except for the 

incorporation by reference of 40 CFR 

52.21(b)(49)(v) into sections C. and D3, 

adopted on September 5, 2012. 

(F) Butte County Air Quality 

Management District. 

(1) Rule 1107, ‘‘Prevention of 

Significant Deterioration (PSD) 

Permits,’’ except for the incorporation 

by reference of 40 CFR 52.21(b)(49)(v) 

into sections 3 and 4.1, adopted on June 

28, 2012. 

(ii) Additional materials. 

(A) Great Basin Unified Air Pollution 

Control District. 

(1) Letter dated November 13, 2014 

from Theodore D. Schade, Great Basin 

Unified Air Pollution Control District, to 

Gerardo Rios, United States 

Environmental Protection Agency 

Region 9, regarding clarifications of 

District Rule 221 and 40 CFR 51.166. 

(2) Letter dated April 15, 2015, from 

Phillip L. Kiddoo, Great Basin Unified 

Air Pollution Control District, to 

Gerardo Rios, United States 

Environmental Protection Agency 

Region 9, regarding additional 

clarifications of District Rule 221 and 40 

CFR 51.166. 

(B) Butte County Air Quality 

Management District. 

(1) Letter dated November 13, 2014, 

from W. James Wagoner, Butte County 

Air Quality Management District, to 

Gerardo Rios, United States 

Environmental Protection Agency 

Region 9, regarding clarifications of 

District Rule 1107 and 40 CFR 51.166. 

(2) Letter dated April 8, 2015, from W. 

James Wagoner, Butte County Air 

Quality Management District, to Gerardo 

Rios, United States Environmental 

Protection Agency Region 9, regarding 

additional clarifications of District Rule 

1107 and 40 CFR 51.166. 

(429) * * * 

(i) * * * 

(D) Feather River Air Quality 

Management District. 

(1) Rule 10.10, ‘‘Prevention of 

Significant Deterioration,’’ except for 

the incorporation by reference of 40 CFR 

52.21(b)(49)(v) into sections B and F.1, 

adopted on August 1, 2011. 

(ii) Additional materials. 

(A) Feather River Air Quality 

Management District. 

(1) Letter dated December 18, 2014 

from Christopher D. Brown, Feather 

River Air Quality Management District, 

to Gerardo Rios, United States 

Environmental Protection Agency 

Region 9, regarding clarifications of 

District Rule 10.10 and 40 CFR 51.166. 

* * * * * 

(441) * * * 

(i) * * * 

(F) San Luis Obispo County Air 

Pollution Control District. 

(1) Rule 220, ‘‘Federal Prevention of 

Significant Deterioration,’’ except for 

the incorporation by reference of 40 CFR 

52.21(b)(49)(v) into sections B and D.3., 

amended on January 22, 2014. 

(ii) Additional materials. 

(A) San Luis Obispo County Air 

Pollution Control District. 

(1) Letter dated December 16, 2014 

from Larry R. Allen, San Luis Obispo 

County Air Pollution Control District, to 

Gerardo Rios, United States 

Environmental Protection Agency 

Region 9, regarding clarifications of 

District Rule 220 and 40 CFR 51.166. 

(442) * * * 

(i) * * * 

(H) Santa Barbara County Air 

Pollution Control District. 

(1) Rule 810, ‘‘Federal Prevention of 

Significant Deterioration (PSD),’’ except 

for the incorporation by reference of 40 

CFR 52.21(b)(49)(v) into sections B and 

D.3., amended on June 20, 2013. 

(ii) Additional materials. 

(A) Santa Barbara County Air 

Pollution Control District. 

(1) Letter dated November 25, 2014 

from David Van Mullem, Santa Barbara 

County Air Pollution Control District, to 

Gerardo Rios, United States 

Environmental Protection Agency 

Region 9, regarding clarifications of 

District Rule 810 and 40 CFR 51.166. 

* * * * * 

■ 3. Section 52.270 is amended by 

adding paragraphs (b)(11) through (15) 

to read as follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(11) The PSD program for the Great 

Basin Unified Air Pollution Control 

District (GBUAPCD), as incorporated by 

reference in § 52.220(c)(428), is 

approved under Part C, Subpart 1, of the 

Clean Air Act. For PSD permits 

previously issued by EPA pursuant to 

§ 52.21 to sources located in the 

GBUAPCD, this approval includes the 

authority for the GBUAPCD to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits. 

(12) The PSD program for the Butte 

County Air Quality Management District 

(BCAQMD), as incorporated by 

reference in § 52.220(c)(428), is 

approved under Part C, Subpart 1, of the 

Clean Air Act. For PSD permits 

previously issued by EPA pursuant to 

§ 52.21 to sources located in the 

BCAQMD, this approval includes the 

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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 69883 

1Under 40 CFR 97.521(i), the deadline for EPA 

recordation of these allowances allocated under 40 

CFR 97.511 and 97.512 for 2015 is November 15, 

2015. However, since November 15, 2015 falls on 

a Sunday, under 40 CFR 97.507(c), the deadline for 

EPA recordation of allocations is the next business 

day, which is Monday, November 16, 2015. 

authority for the BCAQMD to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits. 

(13) The PSD program for the Feather 

River Air Quality Management District 

(FRAQMD), as incorporated by 

reference in § 52.220(c)(429), is 

approved under Part C, Subpart 1, of the 

Clean Air Act. For PSD permits 

previously issued by EPA pursuant to 

§ 52.21 to sources located in the 

FRAQMD, this approval includes the 

authority for the FRAQMD to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits. 

(14) The PSD program for the San 

Luis Obispo County Air Pollution 

Control District (SLOAPCD), as 

incorporated by reference in 

§ 52.220(c)(441), is approved under Part 

C, Subpart 1, of the Clean Air Act. 

(15) The PSD program for the Santa 

Barbara County Air Pollution Control 

District (SBAPCD), as incorporated by 

reference in § 52.220(c)(442), is 

approved under Part C, Subpart 1, of the 

Clean Air Act. For PSD permits 

previously issued by EPA pursuant to 

§ 52.21 to sources located in the 

SBAPCD, this approval includes the 

authority for the SBAPCD to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits. 

[FR Doc. 2015–28624 Filed 11–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9936–99–OAR] 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for the 2015 

Compliance Year 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of data 

availability (NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of 

emission allowance allocations to 

certain units under the new unit setaside (NUSA) provisions of the CrossState Air Pollution Rule (CSAPR) 

federal implementation plans (FIPs). 

EPA has completed final calculations 

for the second round of NUSA 

allowance allocations for the 2015 

compliance year of the CSAPR NOX

Ozone Season Trading Program. EPA 

has posted spreadsheets showing the 

second-round 2015 NUSA allocations of 

CSAPR NOX Ozone Season allowances 

to new units as well as the allocations 

to existing units of the remaining 

CSAPR NOX Ozone Season allowances 

not allocated to new units in either 

round of the 2015 NUSA allocation 

process. EPA will record the allocated 

CSAPR NOX Ozone Season allowances 

in sources’ Allowance Management 

System (AMS) accounts by November 

16, 2015.1

DATES: November 12, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Robert Miller at (202) 

343–9077 or miller.robertl@epa.gov or to 

Kenon Smith at (202) 343–9164 or 

smith.kenon@epa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

CSAPR FIPs, a portion of each state 

budget for each of the four CSAPR 

trading programs is reserved as a NUSA 

from which allowances are allocated to 

eligible units through an annual one- or 

two-round process. EPA has described 

the CSAPR NUSA allocation process in 

three NODAs previously published in 

the Federal Register (80 FR 30988, June 

1, 2015; 80 FR 44882, July 28, 2015; 80 

FR 55061, September 14, 2015). In the 

most recent of these previous NODAs, 

EPA provided notice of preliminary lists 

of new units eligible for second-round 

2015 NUSA allocations of CSAPR NOX

Ozone Season allowances and provided 

an opportunity for the public to submit 

objections. 

EPA received no substantive 

objections to the preliminary lists of 

new units eligible for second-round 

2015 NUSA allocations of CSAPR NOX

Ozone Season allowances whose 

availability was announced in the 

September 14 NODA. The only written 

objection that EPA received concerned 

the format of the data rather than the 

substance. EPA is therefore making 

second-round 2015 NUSA allocations of 

CSAPR NOX Ozone Season allowances 

to the new units identified on these lists 

in accordance with the procedures set 

forth in 40 CFR 97.512(a)(9) and (12). 

As described in the September 14 

NODA, any allowances remaining in the 

CSAPR NOX Ozone Season NUSA for a 

given state and control period after the 

second round of NUSA allocations to 

new units are to be allocated to the 

existing units in the state according to 

the procedures set forth in 40 CFR 

97.512(a)(10) and (12). EPA has 

determined that CSAPR NOX Ozone 

Season allowances do remain in the 

NUSAs for a number of states following 

completion of second-round 2015 

NUSA allocations; accordingly, EPA is 

allocating these allowances to existing 

units. The NUSA allowances are 

generally allocated to the existing units 

in proportion to the allocations 

previously made to the existing units 

under 40 CFR 97.511(a)(1), adjusted for 

rounding. 

Under 40 CFR 97.512(b)(10), any 

allowances remaining in the CSAPR 

NOX Ozone Season Indian country 

NUSA for a given state and control 

period after the second round of Indian 

country NUSA allocations to new units 

are added to the NUSA for that state or 

are made available for allocation by the 

state pursuant to an approved SIP 

revision. No new units eligible for 

allocations of CSAPR NOX Ozone 

Season allowances from any 2015 

Indian country NUSA have been 

identified, and no state has an approved 

SIP revision governing allocation of 

2015 CSAPR allowances. The Indian 

country NUSA allowances are therefore 

being added to the NUSAs for the 

respective states and are included in the 

pools of allowances that are being 

allocated to existing units under 40 CFR 

97.512(10) and (12). 

The final unit-by-unit data and 

allowance allocation calculations are set 

forth in Excel spreadsheets titled 

‘‘CSAPR_NUSA_2015_NOX_OS_2nd_

Round_Final_Data_New_Units’’, and 

‘‘CSAPR_NUSA_2015_NOX_OS_2nd_

Round_Final_Data_Existing_Units’’, 

available on EPA’s Web site at http://

www.epa.gov/crossstaterule/

actions.html. 

Pursuant to CSAPR’s allowance 

recordation timing requirements, the 

allocated NUSA allowances will be 

recorded in sources’ AMS accounts by 

November 16, 2015. EPA notes that an 

allocation or lack of allocation of 

allowances to a given unit does not 

constitute a determination that CSAPR 

does or does not apply to the unit. EPA 

also notes that NUSA allocations of 

CSAPR NOX Ozone Season allowances 

are subject to potential correction if a 

unit to which NUSA allowances have 

been allocated for a given compliance 

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