The EPA Administrator, Gina McCarthy, signed the following notice on 11/21/2014, and the EPA is submitting it for 

publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version 

of the rule, it is not the official version of the rule for purposes of compliance. Please refer to the official version in 

a forthcoming FR publication, which will appear on the Government Printing Office's FDSys website 

(http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov (http://www.regulations.gov) in Docket 

No. EPA-HQ-OAR-2009-0491. Once the official version of this document is published in the FR, this version will be 

removed from the Internet and replaced with a link to the official version.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, and 97

[EPA-HQ-OAR-2009-0491; FRL-9919-71-OAR]

RIN 2060-AS40

Rulemaking to Amend Dates in Federal Implementation Plans 

Addressing Interstate Transport of Ozone and Fine Particulate 

Matter

AGENCY: Environmental Protection Agency.

ACTION: Interim final rule with request for comment.

________________________________________________________________

SUMMARY: The Environmental Protection Agency (EPA) is amending

the Code of Federal Regulations (CFR) to correctly reflect the 

compliance deadlines for the Cross-State Air Pollution Rule 

(CSAPR) as revised by the effect of the action of the United 

States Court of Appeals for the District of Columbia Circuit 

(D.C. Circuit or Court) granting the EPA’s motion to lift the 

previous stay of CSAPR and delay (toll) its deadlines by three 

years. With these ministerial amendments, the CFR text will 

correctly indicate that CSAPR’s Phase 1 emissions budgets apply 

in 2015 and 2016 and that CSAPR’s Phase 2 emissions budgets and 

assurance provisions apply in 2017 and beyond. The ministerial 
Page 2 of 53

amendments similarly correct dates in the CFR text related to 

specific activities required or permitted under CSAPR by 

regulated sources, the EPA, and states, as well as dates related

to the sunsetting of the Clean Air Interstate Rule (CAIR) upon 

its replacement by CSAPR. The amendments are necessary to 

clarify the timing of requirements and elections under CSAPR as 

shown in the CFR text so that compliance can begin in an orderly 

manner on January 1, 2015, consistent with the Court’s order. 

The EPA is also taking comment on the amendments being made in 

this interim final rule and will consider whether to retain 

these revisions as promulgated or whether further revisions are 

necessary to make the CSAPR compliance deadlines consistent with 

the Court’s order.

DATES: This final rule is effective on [INSERT DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. The EPA will consider 

comments on this interim final rule received on or before

[INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: Submit your comments, identified by Docket ID No. 

EPA-HQ-OAR-2009-0491, by one of the following methods:

 www.regulations.gov: Follow the online instructions for 

submitting comments.

 Email: a-and-r-docket@epa.gov.

 Fax: (202) 566-9744.
Page 3 of 53

 Mail: EPA Docket Center, Air and Radiation Docket, Mail 

Code 2822T, 1200 Pennsylvania Avenue NW, Washington, DC 

20460, Attn: Docket ID No. EPA-HQ-OAR-2009-0491.

 Hand delivery: EPA Docket Center, William Jefferson Clinton 

Building West, Room 3334, 1301 Constitution Avenue NW, 

Washington, DC 20004, Attn: Docket ID No. EPA-HQ-OAR-2009-

0491. Such deliveries are only accepted during the Docket’s 

normal hours of operation, and special arrangements should 

be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR2009-0491. The EPA's policy is that all comments received will 

be included in the public docket without change and may be made 

available online at www.regulations.gov, including any personal 

information provided, unless the comment includes information 

claimed to be Confidential Business Information (CBI) or other 

information whose disclosure is restricted by statute. Do not 

submit information that you consider to be CBI or otherwise 

protected through www.regulations.gov or email. The 

www.regulations.gov website is an “anonymous access” system, 

which means the EPA will not know your identity or contact 

information unless you provide it in the body of your comment. 

If you send an email comment directly to the EPA without going 

through www.regulations.gov your email address will be 
Page 4 of 53

automatically captured and included as part of the comment that 

is placed in the public docket and made available on the 

Internet. If you submit an electronic comment, the EPA 

recommends that you include your name and other contact 

information in the body of your comment and with any disk or CDROM you submit. If the EPA cannot read your comment due to 

technical difficulties and cannot contact you for clarification, 

the EPA may not be able to consider your comment. Electronic 

files should avoid the use of special characters, any form of 

encryption, and be free of any defects or viruses.

Docket: The EPA is including this action in Docket ID No. EPAHQ-OAR-2009-0491, which is also the docket for the original 

CSAPR rulemaking and other related rulemakings. All documents in 

the docket are listed on the www.regulations.gov website. 

Although listed in the index, some information is not publicly 

available, e.g., Confidential Business Information (CBI) or 

other information whose disclosure is restricted by statute. 

Certain other material, such as copyrighted material, is not 

placed on the Internet and will be publicly available only in 

hard copy form. Publicly available docket materials are 

available either electronically through www.regulations.gov or 

in hard copy at the Air and Radiation Docket, William Jefferson 

Clinton Building West, Room 3334, 1301 Constitution Avenue NW, 

Washington, DC. The Public Reading Room is open from 8:30 a.m. 
Page 5 of 53

to 4:30 p.m., Monday through Friday, excluding legal holidays. 

The telephone number for the Public Reading Room is (202) 566-

1744, and the telephone number for the Air and Radiation Docket 

is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Beth A. Murray, Clean Air 

Markets Division, Office of Atmospheric Programs, U.S. 

Environmental Protection Agency, MC 6204M, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; telephone number: (202) 343-

9115; email address: murray.beth@epa.gov. Electronic copies of 

this document can be accessed through the EPA website at: 

http://www.epa.gov/airmarkets.

SUPPLEMENTARY INFORMATION:

Regulated Entities. Entities regulated by CSAPR are fossil fuelfired boilers and stationary combustion turbines that serve 

generators producing electricity for sale, including combined 

cycle units and units operating as part of systems that 

cogenerate electricity and other useful energy output. Regulated 

categories and entities include:

Category NAICS* code Examples of potentially 

regulated industries

Industry 221112 Fossil fuel electric power 

generation

* North American Industry Classification System
Page 6 of 53

This table is not intended to be exhaustive, but rather provides 

a guide for readers regarding entities likely to be regulated. 

This table lists the types of entities of which the EPA is now 

aware that could potentially be regulated. Other types of 

entities not listed in the table could also be regulated. To 

determine whether your facility is regulated by CSAPR, you 

should carefully examine the applicability provisions in 40 CFR 

97.404, 97.504, 97.604, and 97.704. If you have questions 

regarding the applicability of CSAPR to a particular entity, 

consult the person listed in the preceding FOR FURTHER 

INFORMATION CONTACT section.

Judicial Review. Judicial review of this rule is available only 

by filing a petition for review in the D.C. Circuit on or before 

[INSERT DATE SIXTY DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER]. Under section 307(b)(1) of the Clean Air Act (CAA), 

judicial review of EPA final action under the CAA that is 

“nationally applicable” or that the Administrator determines is 

of “nationwide scope or effect” is available only in the D.C. 

Circuit. Because this rule amends regulations that apply to 

sources in 28 states, it is “nationally applicable” within the 

meaning of section 307(b)(1). For the same reason, the 

Administrator determines that this rule is of “nationwide scope 

or effect” for purposes of section 307(b)(1). CAA section 

307(b)(1) also provides that filing a petition for 
Page 7 of 53

reconsideration by the Administrator of this rule does not 

affect the finality of the rule for the purposes of judicial 

review, does not extend the time within which a petition for 

judicial review may be filed, and does not postpone the 

effectiveness of the rule. Under CAA section 307(b)(2), the 

requirements established by this rule may not be challenged 

separately in any civil or criminal proceedings brought by the 

EPA to enforce these requirements.

Outline. The following outline is provided to aid in locating 

information in this preamble.

I. Overview

II. Specific Amendments to CSAPR Dates

A. Emissions Limitations and Assurance Provisions

B. Monitoring System Certification and Emissions Reporting

C. Allocation and Recordation of Emission Allowances

D. Optional SIP Revisions

E. Sunsetting of CAIR

III. Legal Authority, Administrative Procedures, and Findings of 

Good Cause

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review, and 

Executive Order 13563: Improving Regulation and Regulatory 

Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments
Page 8 of 53

G. Executive Order 13045: Protection of Children from 

Environmental Health and Safety Risks

H. Executive Order 13211: Actions That Significantly Affect 

Energy Supply, Distribution, or Use

I. National Technology Transfer Advancement Act

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations

K. Congressional Review Act

I. Overview

The EPA issued the Cross-State Air Pollution Rule (CSAPR)1 in 

July 2011 to address CAA requirements concerning interstate 

transport of air pollution and to replace the previous Clean Air 

Interstate Rule (CAIR) which the D.C. Circuit remanded to the 

EPA for replacement.2 Following the original rulemaking, CSAPR

was amended by three further rules known as the Supplemental 

Rule,3 the First Revisions Rule,4 and the Second Revisions Rule.5

 

1 Federal Implementation Plans; Interstate Transport of Fine 

Particulate Matter and Ozone and Correction of SIP Approvals, 76 

FR 48208 (August 8, 2011).

2 See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.), modified, 

550 F.3d 1176 (D.C. Cir. 2008). 

3 Federal Implementation Plans for Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin and Determination for Kansas Regarding 

Interstate Transport of Ozone, 76 FR 80760 (December 27, 2011). 

4 Revisions to Federal Implementation Plans To Reduce Interstate 

Transport of Fine Particulate Matter and Ozone, 77 FR 10324 

(February 21, 2012).

5 Revisions to Federal Implementation Plans To Reduce Interstate 

Transport of Fine Particulate Matter and Ozone, 77 FR 34830 

(June 12, 2012).
Page 9 of 53

As amended, CSAPR requires 28 states to limit their state-wide 

emissions of sulfur dioxide (SO2) and/or nitrogen oxides (NOX) in 

order to reduce or eliminate the states’ unlawful contributions 

to fine particulate matter and/or ground-level ozone pollution 

in other states. The emissions limitations are defined in terms 

of maximum state-wide “budgets” for emissions of annual SO2, 

annual NOX, and/or ozone-season NOX by each state’s large 

electricity generating units (EGUs). The emissions budgets are 

implemented in two phases of generally increasing stringency, 

with the Phase 1 budgets originally scheduled to apply to 

emissions in 2012 and 2013 and the Phase 2 budgets originally 

scheduled to apply to emissions in 2014 and later years. 

As the mechanism for achieving compliance with the emissions 

limitations, CSAPR establishes federal implementation plans 

(FIPs) that require large EGUs in each affected state to 

participate in one or more new emissions trading programs that 

supersede the existing CAIR emissions trading programs. 

Interstate trading of CSAPR’s emission allowances is permitted, 

but the rule includes “assurance provisions” designed to ensure 

that individual states’ emissions in each Phase 2 compliance 

period do not exceed the states’ respective emissions budgets 

for that period by more than specified “variability limits.”
Page 10 of 53

CSAPR allows states to elect to revise their state 

implementation plans (SIPs) to modify or replace the FIPs while 

continuing to rely on the rule’s trading programs for compliance 

with the emissions limitations, and establishes certain 

requirements and deadlines related to those optional SIP 

revisions.6 The rule also contains provisions that sunset CAIR 

compliance requirements on a schedule coordinated with the 

implementation of CSAPR compliance requirements.

Certain industry and state and local government petitioners 

challenged CSAPR in the D.C. Circuit and filed motions seeking a 

stay of the rule pending judicial review.7 On December 30, 2011, 

the Court granted a stay of the rule, ordering the EPA to 

continue administering CAIR on an interim basis.8 In a subsequent 

 

6 CSAPR does not restrict states’ ability to adopt SIP revisions 

to meet their emissions limitations through mechanisms other 

than the rule’s trading programs.

7 Separate challenges seeking judicial review of the Supplemental 

Rule, the First Revisions Rule, and the Second Revisions Rule 

are currently being held in abeyance at the D.C. Circuit.

8 Order, Document #1350421, EME Homer City Generation, L.P. v. 

EPA, No. 11-1302 (D.C. Cir. issued Dec. 30, 2011). Although the 

Court did not explicitly address the stay order’s effect on 

requirements established by the Supplemental Rule, the EPA 

issued a notice indicating that, because of the close 

relationship between CSAPR as originally promulgated and the 

Supplemental Rule, the Agency would treat both rules in the same 

manner and would not expect covered sources in the states 

addressed by the Supplemental Rule to comply with the 

Supplemental Rule’s requirements for the duration of the stay. 

77 FR 5710 (February 6, 2012). As discussed below, now that the 

Court has lifted the stay, the EPA expects covered sources in 
Page 11 of 53

decision on the merits, the Court vacated CSAPR based on a 

subset of petitioners’ claims, but on April 29, 2014, the U.S. 

Supreme Court reversed that decision and remanded the case to 

the D.C. Circuit for further proceedings.9 Throughout the initial 

round of D.C. Circuit proceedings and the ensuing Supreme Court 

proceedings, the stay remained in place and the EPA has 

continued to implement CAIR. Following the Supreme Court 

decision, in order to allow CSAPR to replace CAIR in an 

equitable and orderly manner while further D.C. Circuit 

proceedings are held to resolve petitioners’ remaining claims, 

the EPA filed a motion asking the D.C. Circuit to lift the stay 

and to toll by three years all CSAPR compliance deadlines that 

had not passed as of the date of the stay order.10 On October 23, 

2014, the Court granted the EPA’s motion.11

 

states addressed by the Supplemental Rule to comply with the 

Supplemental Rule’s requirements consistent with the new 

compliance schedule established by the Court’s order and this 

interim final rule. 

9 EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014), 

reversing 696 F.3d 7 (D.C. Cir. 2012).

10 Respondents’ Motion to Lift the Stay Entered on December 30, 

2011, Document #1499505, EME Homer City Generation, L.P. v. EPA, 

No. 11-1302 (D.C. Cir. filed June 26, 2014) [EPA Motion]; see 

also Reply in Further Support of Motion to Lift Stay, Document 

#1508914, EME Homer City Generation, L.P. v. EPA, No. 11-1302 

(D.C. Cir. filed August 22, 2014) [EPA Reply]. Both documents 

are available in the docket. 

11 Order, Document #1518738, EME Homer City Generation, L.P. v. 

EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014).
Page 12 of 53

This action makes ministerial amendments to the dates in the 

CSAPR regulatory text in 40 CFR parts 51, 52, and 97 to clarify 

how the EPA will implement the rule consistent with the D.C. 

Circuit’s order lifting the stay and tolling the rule’s 

deadlines. Generally, this action tolls by three calendar years

dates and years in the regulatory text as previously amended 

that had not passed as of December 30, 2011, the date of the 

stay order.12 The ministerial amendments restore parties and the 

rule to the status that would have existed but for the stay

albeit three years later, preserve the rule’s internal 

consistency, render moot questions as to whether the Court’s 

order might not have tolled some of the individual dates being 

amended, and provide clarity to stakeholders and the public, 

thereby permitting orderly implementation of the rule. 

The most fundamental amendments make clear that, consistent 

with the Court’s order, compliance with CSAPR’s Phase 1 

emissions budgets is now required in 2015 and 2016 (instead of 

2012 and 2013) and compliance with the rule’s Phase 2 emissions 

budgets and assurance provisions is now required in 2017 and 

 

12 As discussed in section II of this preamble, the amendments 

also toll certain dates in the regulatory text before December 

30, 2011, that are used to establish deadlines occurring after 

December 30, 2011.
Page 13 of 53

beyond (instead of 2014 and beyond).13 Other amendments toll

specific deadlines for sources to certify monitoring systems and 

to start reporting emissions, for the EPA to allocate and record 

emission allowances, and for states to take optional steps to 

modify or replace their CSAPR FIPs through SIP revisions. Dates 

are also tolled in the regulatory provisions that sunset CAIR 

upon its replacement by CSAPR, and a new deadline is set for 

removal of CAIR NOX allowances from allowance tracking system 

accounts.14 The EPA’s authority to issue these ministerial 

amendments is not affected by the continuation of proceedings at 

the D.C. Circuit to resolve petitioners’ remaining claims 

regarding CSAPR. No regulatory text is amended other than dates

and no substantive changes to CSAPR are being made. Section II 

 

13 The EPA is also administratively converting the 2012-vintage 

and 2013-vintage CSAPR emission allowances previously recorded 

in tracking system accounts into 2015-vintage and 2016-vintage 

allowances, respectively. In light of the Court’s order tolling 

compliance deadlines and the applicable Phase 1 and Phase 2 

emissions budget periods, and given the need for the vintages of 

the rule’s emission allowances to correctly reflect the revised 

emissions budget periods, the EPA considers this one-time 

conversion to be a reasonable exercise of the Agency’s plenary 

authority under 40 CFR 97.427, 97.527, 97.627, and 97.727 to 

correct errors in CSAPR tracking system accounts.

14 The EPA removed CAIR annual NOX and ozone-season NOX allowances 

from tracking system accounts before the stay, as required under 

the rule, but then restored the allowances to the accounts 

following the Court’s order to continue implementing CAIR during 

the stay. CSAPR does not call for removal of CAIR SO2 allowances, 

which are the same SO2 allowances used in the Title IV Acid Rain 

Program. 
Page 14 of 53

of this notice provides additional information about the 

specific amendments.

As permitted under section 307(d)(1) of the CAA where good 

cause exists, these amendments to CSAPR’s dates are being 

promulgated as a final rule without prior notice or opportunity 

for public comment, and the amendments are effective immediately 

upon publication of this notice in the Federal Register. At the 

same time, the EPA is also seeking comment on the content of the 

amendments and the consistency of the revisions with the Court’s 

order granting the EPA’s motion to lift the stay and toll CSAPR 

compliance deadlines by three years. The EPA is not reopening 

for comment any provisions of CSAPR other than the dates and 

years amended in this interim final rule. The EPA will consider 

any comments received and issue a final rule that either 

confirms these revisions or makes any further revisions that may 

be needed for implementation on the revised compliance schedule.

Section III of this notice provides additional information on 

this rulemaking procedure and on the EPA’s findings of good 

cause to issue an immediately effective final rule without prior 

notice or opportunity for public comment. 

II. Specific Amendments to CSAPR Dates

This action amends dates appearing in regulatory text in 40 

CFR parts 51, 52, and 97. Most of the amendments, addressing 
Page 15 of 53

virtually all aspects of implementation of the CSAPR FIPs and 

trading programs, toll dates in the CSAPR trading program 

provisions in subparts AAAAA, BBBBB, CCCCC, and DDDDD of part 97 

and in the additional CSAPR FIP provisions in §§52.38 and 52.39. 

The other amendments, addressing the sunsetting of CAIR 

obligations and the CAIR trading programs, toll or otherwise 

reset dates in scattered sections of parts 51 and 52. No 

regulatory text other than dates is amended and no substantive 

changes to CSAPR are being made. The remainder of this section 

discusses the functions of the various dates being changed and 

identifies the specific CFR sections being amended.

The EPA interprets the Court’s order lifting the stay as 

already tolling CSAPR deadlines that had not passed as of the 

date of the Court’s previous stay order, with the consequence 

that the corresponding regulatory text amendments in this action 

do not alter legal requirements or options but merely amend 

regulatory text to accurately reflect the timing of legal 

requirements and options as revised by the Court. With respect 

to the possibility that some of the dates amended in this action 

might not have been tolled by the Court’s order, all of the date 

changes are required to serve the purpose of the rule – to 

address states’ interstate transport obligations in an efficient 

and equitable manner – and the purpose of the Court’s order – to 

allow the rule to be implemented in accordance with the EPA’s 
Page 16 of 53

motion. The rule’s various dates are elements of a carefully 

integrated design, and uncoordinated changes could disrupt that 

design and lead to inefficient and inequitable results. 

Therefore, to the extent that any of the date changes in this 

action may be outside the scope of the tolling already ordered 

by the Court, those changes are nevertheless necessary to 

provide for efficient, equitable, and orderly implementation of 

the rule consistent with the Court’s order. The necessity of 

specific date changes is further discussed below.

A. Emissions Limitations and Assurance Provisions

The most fundamental amendments in this action toll the years 

in which compliance with CSAPR’s emissions limitations and 

assurance provisions is required, as well as the years in which 

the rule’s Phase 1 and Phase 2 emissions budgets, Phase 1 and 

Phase 2 “set-asides,”15 and Phase 2 variability limits apply. The 

compliance period definitions drive many of the rule’s specific 

requirements, and the budget applicability dates are key 

specifications affecting the rule’s stringency. These date 

changes were explicitly requested and discussed in the EPA’s 

motion to lift the stay and toll compliance deadlines by three 

 

15 CSAPR sets aside portions of each state’s emissions budgets 

for potential allocation to new units in the state. For states 

with areas of Indian country within their borders, the rule

establishes additional set-asides for new units in those areas. 
Page 17 of 53

years.

16 As explained in the motion, tolling these deadlines by 

three years returns the rule and parties to the status quo that 

would have existed but for the stay, provides parties with 

sufficient time to prepare for implementation, and avoids 

unnecessary regulatory burden by retaining a calendar-year 

schedule for the rule’s annual trading programs. This rule makes 

no substantive changes to the emissions limitations or assurance 

provisions other than the revision of the deadlines.

The EPA also explained in the motion that CSAPR would be 

implemented as previously amended by the Supplemental Rule, the 

First Revisions Rule, and the Second Revisions Rule, and that 

dates first established or amended in those later rulemakings 

would also be tolled.17 Tolling of these dates is necessary to 

preserve CSAPR’s internal consistency and to provide for 

efficient and equitable implementation. For example, the 

Supplemental Rule established dates specifying the applicable 

compliance periods for the Phase 1 and Phase 2 ozone-season 

emissions budgets, set-asides, and variability limits that the 

Supplemental Rule established for five states.18 If dates first 

 

16 See, e.g., EPA Motion at 1, 14-16, 18. 

17 See, e.g., EPA Motion at 14, 16-17. 

18 The five states with emissions limitations established in the 

Supplemental Rule are Iowa, Michigan, Missouri, Oklahoma, and 

Wisconsin. 
Page 18 of 53

established by the Supplemental Rule were not tolled, in 2015 

and 2016 these five states would be subject to Phase 2 emissions 

budgets while all other states would be subject to Phase 1 

emissions budgets, an inequitable outcome. In another example, 

the First Revisions Rule deferred applicability of CSAPR’s 

assurance provisions from Phase 1 to Phase 2 in order to 

encourage greater trading activity during Phase 1 and thereby 

ensure a smooth transition from CAIR.19 If dates amended by the 

First Revisions Rule were not tolled from their previously 

amended starting points, the assurance provisions would apply in 

2015, contrary to the rationale supporting their prior deferral 

until Phase 2. 

The date changes relating to the compliance deadlines and 

applicable periods for the rule’s emissions limitations and 

assurance provisions are reflected in amendments to the 

following sections of 40 CFR:

 Sections 97.406(c)(3)(i), 97.506(c)(3)(i), 97.606(c)(3)(i), 

and 97.706(c)(3)(i) (applicable periods for emissions 

limitations);

 Sections 97.406(c)(3)(ii), 97.506(c)(3)(ii), 

97.606(c)(3)(ii), and 97.706(c)(3)(ii) (applicable periods 

for assurance provisions);

 

19 See 77 FR 10324, 10330-32 (February 21, 2012). 
Page 19 of 53

 Sections 97.410(a), 97.510(a), 97.610(a), and 97.710(a) 

(applicable periods for Phase 1 and Phase 2 emissions 

budgets and set-asides);

 Sections 97.410(b), 97.510(b), 97.610(b), and 97.710(b) 

(applicable periods for Phase 2 variability limits); and

 Sections 97.425(b)(1), 97.525(b)(1), 97.625(b)(1), and 

97.725(b)(1) (assurance provision administration 

deadlines).

B. Monitoring System Certification and Emissions Reporting

Several amendments in this action toll CSAPR dates that define 

deadlines by which owners and operators of affected units must 

meet monitoring system certification requirements and begin 

submitting quarterly emissions reports. These date changes are 

necessary to coordinate the timing of these specific 

requirements with the revised timing of the rule’s emissions 

limitations and to avoid requiring sources to engage in 

certification and emissions reporting activities before those 

activities serve a useful purpose. The EPA’s motion indicated 

that the deadlines for CSAPR’s monitoring and reporting 

obligations would be tolled if the Court granted the motion.20

 

20 See EPA Motion at 14 and note 5. 
Page 20 of 53

This rule makes no substantive changes to the monitoring and

reporting requirements other than the revision of the deadlines.

The amendments to the certification and reporting deadlines 

toll several dates in the regulatory text earlier than December 

30, 2011. The reason for tolling these dates is that their 

function in the rule is to define deadlines originally scheduled 

to occur after December 30, 2011. Specifically, the original 

regulatory text provides that units in operation for at least 

six months before implementation of the rule’s first emissions 

limitations – defined in the existing regulatory text as 

“unit[s] that commence[] commercial operation before July 1, 

2011” – become subject to reporting obligations for annual 

emissions occurring as of January 1, 2012, and are required to 

complete monitoring system certification by that same date.21 In 

contrast, units in operation for less than six months before 

implementation of the rule’s first emission limitations –

defined in the existing regulatory text as “unit[s] that 

commence[] commercial operation on or after July 1, 2011” – are 

given potentially later deadlines.22 Similarly, because the 

 

21 See, e.g., 40 CFR 97.430(b)(1) and 97.434(d)(1)(i). The 

analogous compliance deadline in the original regulatory text 

for requirements related to ozone-season NOX emissions is May 1, 

2012. See 40 CFR 97.530(b)(1) and 97.534(d)(1)(i) and 

(2)(ii)(A).

22 See, e.g., 40 CFR 97.430(b)(2) and 97.434(d)(1)(ii). 
Page 21 of 53

reporting deadlines for the newer units are defined in part by 

reference to events that could have occurred before 

implementation of the rule’s first emissions limitations, in 

order to avoid creation of reporting deadlines before January 1, 

2012, the existing regulatory text contains language providing 

that reporting obligations do not apply with respect to “the 

third or fourth quarter of 2011.”23 This action amends these 2011 

dates, changing them to 2014 dates consistent with the change in 

initial implementation of the rule’s emissions limitations from 

2012 to 2015 as ordered by the Court. If these amendments were 

not made, the regulatory text could require some sources 

commencing commercial operation on or after July 1, 2011, and 

before January 1, 2015, to begin reporting under CSAPR prior to 

2015, a result that would be unnecessary, inefficient, 

inequitable, and inconsistent with the Court’s order. 

The date changes related to CSAPR’s compliance deadlines for 

monitoring system certification and the applicable periods for 

emissions reporting are reflected in amendments to the following 

sections of 40 CFR:

 Sections 97.430(b)(1), 97.530(b)(1), 97.630(b)(1), and 

97.730(b)(1) (certification deadlines for units that 

 

23 See, e.g., 40 CFR 97.434(d)(1)(ii). 
Page 22 of 53

commence commercial operation at least six months before 

the first compliance period);

 Sections 97.430(b)(2), 97.530(b)(2)-(3), 97.630(b)(2), and 

97.730(b)(2) (certification deadlines for newer units);

 Sections 97.434(d)(1)(i), 97.534(d)(1)(i) and (2)(ii)(A), 

97.634(d)(1)(i), and 97.734(d)(1)(i) (applicable periods 

for emissions reporting by units that commence commercial

operation at least six months before the first compliance 

period); and

 Sections 97.434(d)(1)(ii), 97.534(d)(1)(ii) and (2)(ii)(B), 

97.634(d)(1)(ii), and 97.734(d)(1)(ii) (applicable periods 

for emissions reporting by newer units).

C. Allocation and Recordation of Emission Allowances

Some of the amendments in this action toll dates defining 

CSAPR deadlines by which the EPA must allocate and record 

emission allowances. The date changes are necessary to 

coordinate these deadlines with the rule’s compliance deadlines 

as revised by the Court’s order and to preserve states’ 

opportunities under the rule to substitute their own preferred 

allowance allocations for the EPA’s default allocations. More 

specifically, to facilitate allowance trading and compliance 

planning activities, the rule’s recordation deadlines require 

recordation of most CSAPR allowances up to four years in advance 
Page 23 of 53

of the respective compliance periods. The rule also establishes 

default procedures by which the EPA allocates allowance 

quantities equal to each state’s emissions budgets among the 

EGUs in the state, but after the first compliance year the rule 

permits states to replace the EPA’s default allocations for most 

units through SIP revisions, as discussed below.24 States’ 

opportunities to replace the default allocations extend only to 

allowances that have not yet been recorded. If the dates in the 

regulatory text defining the recordation deadlines were not 

tolled consistent with the revised compliance deadlines 

established by the Court’s order, the unrevised recording 

deadlines could unnecessarily prevent states from controlling 

the allocations of allowances for certain compliance periods 

because the allowances would already have been recorded. This 

rule makes no substantive changes to the allowance allocation 

and recordation provisions other than the revision of the 

deadlines.

The EPA notes that the allocation date amendments include 

tolling a particular phrase from “after 2011” to “after 2014”.25

The phrase concerns allowance allocations to units that cease 

 

24 States are not permitted to revise the recordation provisions 

or the provisions governing allocation of allowances from the 

Indian country new unit set-asides. 

25 See, e.g., 40 CFR 97.411(a)(2). 
Page 24 of 53

operations, and the effect of the change is that by default 

(i.e., unless the state revises the allocations) a retiring unit 

will continue to receive allocations of allowances for five 

compliance periods after the unit’s last year of operation, 

which in the case of a unit retiring between 2010 and 2014 would 

be the rule’s first five compliance periods from 2015 through 

2019. The phrase “after 2011” indicates a date after December 

30, 2011, making this a deadline that had not passed as of the 

date of the stay, and the EPA’s reply regarding the motion to 

lift the stay explicitly confirmed the intention to toll these 

specific dates.26

The EPA also notes that some of the recordation deadlines 

being amended were initially established in the Supplemental 

Rule. These deadlines apply to the recordation of allowances for 

CSAPR’s first two compliance periods and affect only the ozoneseason allowances for the five states covered by the 

Supplemental Rule.27 If the recordation deadlines established in 

the Supplemental Rule were not tolled – specifically, the March 

26, 2012, recordation deadline for allowances for the rule’s 

second compliance year – while the analogous deadlines 

established for other states in the original CSAPR rulemaking

 

26 See EPA Reply, attached Supplemental Declaration of Reid 

Harvey, ¶7.

27 See 40 CFR 97.521(a)-(b). 
Page 25 of 53

were tolled, these five states alone would lack the opportunity 

to revise allowance allocations for the rule’s second compliance 

period, an inappropriate, unnecessary, and inequitable result.

The date changes related to administrative deadlines and 

applicable periods for allocation and recordation of allowances 

are reflected in amendments to the following sections of 40 CFR:

 Sections 97.411(a)(1), 97.511(a)(1), 97.611(a)(1), and 

97.711(a)(1) (applicable periods for default allowance 

allocations to existing units);

 Sections 97.411(a)(2), 97.511(a)(2), 97.611(a)(2), and 

97.711(a)(2) (applicable periods for default allowance 

allocations to retired units);

 Sections 97.411(b)(1), 97.511(b)(1), 97.611(b)(1), and 

97.711(b)(1) (administrative deadlines for default 

allowance allocations from new unit set-asides);

 Sections 97.411(b)(2), 97.511(b)(2), 97.611(b)(2), and 

97.711(b)(2) (administrative deadlines for allowance 

allocations from Indian country new unit set-asides);

 Sections 97.411(c)(1), 97.511(c)(1), 97.611(c)(1), and 

97.711(c)(1) (applicable periods for correction of 

incorrect allowance allocations);
Page 26 of 53

 Sections 97.412(a), 97.512(a), 97.612(a), and 97.712(a) 

(applicable periods for default allowance allocations from 

new unit set-asides);

 Sections 97.412(b), 97.512(b), 97.612(b), and 97.712(b) 

(applicable periods for allocations from Indian country new 

unit set-asides);

 Sections 97.421(a)-(f), 97.521(a)-(f), 97.621(a)-(f), and 

97.721(a)-(f) (administrative deadlines and applicable 

periods for allowance recordation for existing units); and

 Sections 97.421(g)-(i), 97.521(g)-(i), 97.621(g)-(i), and 

97.721(g)-(i) (administrative deadlines and applicable 

periods for allowance recordation from new unit set-asides 

and Indian country new-unit set-asides).

D. Optional SIP Revisions

Some of the amendments in this action toll deadlines for 

filings by states that elect to submit SIP revisions to modify 

or replace the CSAPR FIPs in order to replace the default 

allowance allocations. The rule sets deadlines for submission of 

these SIP revisions (and for associated notifications) that are 

coordinated with the rule’s deadlines for allowance recordation. 

Tolling of these dates is necessary to preserve this 

coordination and to restore to states the same SIP revision 

opportunities that would have existed if the rule had not been 
Page 27 of 53

stayed. The EPA’s reply regarding the motion to lift the stay 

explained in detail the intention for these deadlines to be 

tolled if the Court granted the motion.28 This rule makes no 

substantive changes to the provisions providing optional SIP 

revisions other than the revision of the deadlines.

As indicated in the EPA’s reply, only the SIP revision and 

notification deadlines that had not passed as of the date of the 

stay would be tolled. This restriction applies to a CSAPR

deadline of October 17, 2011 – which is not being tolled – for 

states to notify the EPA of their intent to submit SIP revisions 

modifying allowance allocations for the rule’s second compliance 

period (except with respect to obligations established in the 

Supplemental Rule). For the twelve states that notified the EPA 

by that deadline of their intent to submit SIP revisions 

modifying allowance allocations for the second compliance year, 

the deadline for submission of those SIP revisions is being 

tolled from April 1, 2012, to April 1, 2015.29 The states that 

did not provide notification prior to the October 17, 2011,

deadline will not have an opportunity to modify allowance 

allocations for that compliance year. Pursuant to a November 7, 

 

28 See EPA Reply, attached Supplemental Declaration of Reid 

Harvey, ¶¶8-11. 

29 The twelve states are Alabama, Florida, Kansas, Louisiana, 

Maryland, Mississippi, Missouri, Nebraska, New York, Ohio, 

Pennsylvania, and South Carolina. 
Page 28 of 53

2011, deadline in the rule – which is also not being tolled –

the EPA duly recorded allowances for those states using the 

EPA’s default allocations, and removal of those allowances from 

tracking system accounts to provide states with a new 

reallocation opportunity would be inequitable because allowance 

trades affecting these allowances have already taken place. 

Separate deadlines applicable to all states relating to optional 

SIP revisions to revise allowance allocations for later 

compliance periods are being tolled.30

The EPA notes that some of the SIP revision-related deadlines 

being amended were initially established in the Supplemental 

Rule. These deadlines apply to SIP revisions replacing default 

allowance allocations for CSAPR’s second compliance period but 

affect only the ozone-season allowances for the five states 

covered by the Supplemental Rule.31 Specifically, the regulatory 

text as currently amended provides that these states must notify 

the EPA by March 6, 2012, of their intent to modify allowance 

allocations for the rule’s second compliance year and must 

submit the corresponding SIP revisions by October 1, 2012. If 

these deadlines established in the Supplemental Rule were not 

 

30 For example, the deadline to submit SIP revisions addressing 

allowance allocations for CSAPR’s third and fourth compliance 

periods as revised by the Court’s order (i.e., 2017 and 2018) is 

being tolled from December 1, 2012, to December 1, 2015. 

31 See 40 CFR 52.38(b)(3)(v). 
Page 29 of 53

tolled, while the April 1, 2012, deadline described above for 

other states was tolled, these five states alone would lack the 

opportunity to revise allowance allocations for the rule’s 

second compliance period, an inappropriate, unnecessary, and 

inequitable result.

The date changes related to notification and SIP revision 

filing deadlines for states’ that elect to modify or replace the 

FIPs are reflected in amendments to the following sections of 40 

CFR:

 Sections 52.38(a)(3) and (b)(3), and 52.39(d) and (g) (SIP 

revisions to modify the FIP default allowance allocations 

for the second compliance year);

 Sections 52.38(a)(4) and (b)(4), and 52.39(e) and (h) (SIP 

revisions to modify the FIP default allowance allocations 

for the third compliance year and beyond);

 Sections 52.38(a)(5) and (b)(5), and 52.39(f) and (i) (SIP 

revisions to replace the FIPs for the third compliance year 

and beyond); and

 Sections 97.421(b), 97.521(b), 97.621(b), and 97.721(b) 

(interaction of SIP revision-related filing deadlines and 

allowance recordation deadlines for the second compliance 

year).

E. Sunsetting of CAIR
Page 30 of 53

The remaining amendments in this action toll or reset 

deadlines associated with the sunsetting of CAIR. In 2008, the 

D.C. Circuit remanded CAIR to the EPA for replacement.32 Since 

that remand, the EPA has continued to implement CAIR in 

accordance with that and subsequent Court orders, first while 

CSAPR was developed and in the period leading up to its planned 

2012 implementation, and then while CSAPR was stayed. When CSAPR

is implemented in 2015, CAIR will sunset in compliance with the 

terms of the 2008 remand. The amendments in this action toll the 

dates in the existing regulatory text reflecting the originally 

planned 2012 sunset, replacing them with dates reflecting the 

2015 sunset consistent with the Court’s order lifting the stay 

of CSAPR.

Several additional CAIR-related amendments reset deadlines for 

removal of CAIR NOX allowances from tracking system accounts. To 

prevent possible confusion over how many allowances are 

available for CSAPR compliance after CSAPR supersedes CAIR, 

CSAPR as originally issued provided for post-2011-vintage CAIR 

NOX allowances to be removed from tracking system accounts on 

November 7, 2011 (before the stay). The EPA removed the 

allowances by that deadline but then restored the allowances to 

the accounts in order to allow CAIR to continue to be 

 

32 North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). 
Page 31 of 53

implemented consistent with the Court’s stay order. This action 

sets a new deadline of [INSERT DATE 90 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER] for removal of post-2014-

vintage CAIR NOX allowances, serving the original purpose of 

avoiding confusion over the number of allowances available for 

CSAPR compliance. The date changes related to the sunsetting 

of CAIR and removal of CAIR NOX allowances from tracking system 

accounts are reflected in amendments to the following sections 

of 40 CFR:

 Section 51.121(r)(2) (NOX SIP Call obligations);

 Sections 51.123(ff) and 51.124(s) (CAIR obligations);

 Sections 52.35(f) and 52.36(e) (CAIR FIPs);

 Sections 52.440(c) and 52.441(b) (Delaware);

 Sections 52.484(c) and 52.485(b) (District of Columbia);

 Section 52.984(c) (Louisiana);

 Sections 52.1186(c) and 52.1187(b) (Michigan);

 Sections 52.1584(c) and 52.1585(b) (New Jersey);

 Sections 52.2240(c) and 52.2241(b) (Tennessee);

 Sections 52.2283(b) and 52.2284(b) (Texas); and

 Sections 52.2587(c) and 52.2588(b) (Wisconsin).

III. Legal Authority, Administrative Procedures, and Findings of 

Good Cause 
Page 32 of 53

The EPA’s authority to issue the amendments in this action is 

provided by CAA sections 110 and 301 (42 U.S.C. 7410 and 7601).

The EPA is taking this action as a final rule without prior 

notice or opportunity for public comment because the EPA finds 

that the Administrative Procedure Act (APA) (5 U.S.C. 551 et 

seq.) good cause exemption applies here. In general, the APA 

requires that general notice of proposed rulemaking shall be 

published in the Federal Register. Such notice must provide an 

opportunity for public participation in the rulemaking process. 

However, the APA does provide an avenue for an agency to 

directly issue a final rulemaking in certain specific instances. 

This may occur, in particular, when an agency for good cause 

finds (and incorporates the finding and a brief statement of 

reasons therefor in the rule issued) that notice and public 

procedure thereon are impracticable, unnecessary, or contrary to 

the public interest. See 5 U.S.C. 553(b)(B).

While CAA section 307(d)(1)(B) also provides that, in general, 

actions to revise FIPs under CAA section 110(c) are subject to 

the procedural requirements set forth in section 307(d), 

including publication of a notice of proposed rulemaking in the 

Federal Register and provision of an opportunity for public 

comment, section 307(d)(1) also provides that section 307(d) 

does not apply in the case of any rule or circumstance referred 
Page 33 of 53

to in APA section 553(b)(B). The EPA finds for good cause under 

APA section 553(b)(B) that provision of such notice and 

opportunity for comment in this case is impracticable or

unnecessary. 

The EPA finds that providing notice and an opportunity for 

comment before promulgation of the amendments in this final 

action is impracticable or unnecessary for the following 

reasons.33 First, to the extent that this action amends dates in 

the regulatory text that have already been tolled by the Court’s 

order, providing notice and an opportunity for comment is 

unnecessary because the revisions are merely a ministerial act 

intended to implement the Court’s order and it would generally 

serve no useful purpose to provide an opportunity for public 

comment or a public hearing on this issue, particularly in the 

very short timeframe in which the EPA is required to begin 

implementing CSAPR consistent with the Court’s order. The EPA 

interprets the D.C. Circuit’s order as having already reset all 

legal deadlines under CSAPR, as amended, that had not passed as 

 

33 The EPA’s finding that providing notice and an opportunity for 

comment before promulgation of the regulatory text amendments in 

this final action is impracticable, unnecessary, or contrary to 

the public interest also applies for purposes of section 808(2) 

of the Congressional Review Act, 5 U.S.C. 808(2), as referenced 

in section IV.K of this preamble. 
Page 34 of 53

of December 30, 2011, the date of the stay.34 The EPA’s action to 

amend the regulatory text consistent with the effect of the 

Court’s order merely makes the regulatory text consistent with 

the actual legal requirements as revised by the Court. Such 

consistency promotes regulatory clarity prior to the revised 

compliance dates, including the January 1, 2015, start date for 

compliance with the rule’s emissions limitations. Delaying 

clarification of the regulatory text in order to allow time to 

conduct notice-and-comment procedures would result in regulatory 

text that does not accurately reflect the legally effective 

compliance dates until a rulemaking could be completed. Because 

completion of a rulemaking with notice-and-comment procedures

would not occur until after the start of the first compliance

period, the delay in clarification of the regulatory text would 

create confusion that could disrupt orderly implementation of 

the rule, contrary to the purpose of the Court’s order and the 

public interest. 

Second, to the extent that this action may amend any CSAPR

dates that have not already been tolled by the Court’s order, 

 

34 The EPA’s motion was clear that the requested relief 

encompassed tolling of not only the “key compliance deadlines” 

concerning applicability of CSAPR’s emissions budgets and 

assurance provisions but also the “additional deadlines 

applicable to the EPA, the states, and utilities for reporting 

and other generally ministerial actions.” See EPA Motion at 14 

and note 5. 
Page 35 of 53

providing notice and an opportunity for public comment is 

impracticable because the ten-week interval between the Court’s 

order and the January 1, 2015, start of compliance is 

insufficient time for completion of notice-and-comment 

rulemaking. As discussed in section II of this preamble, several 

of this action’s amendments change dates that were initially 

established or amended in the Supplemental Rule or the First 

Revisions Rule, and these dates must be tolled in the current 

action for consistency with other tolled dates in order to allow 

equitable and orderly implementation of CSAPR as already amended 

by these other rules. 

Some petitioners responding to the EPA’s motion suggested that 

the Court may lack the power to toll dates in CSAPR’s current 

regulatory text that were not established in the original CSAPR

rulemaking under review by the Court (e.g., dates finalized in 

the Supplemental and Revisions Rules). If correct, this position 

would mean that, in this action, with respect to these 

particular dates, the EPA not only would be altering the 

appearance of the dates in the regulatory text but also would be

amending the effective legal dates themselves. The EPA disagrees 

with petitioners’ narrow view of the Court’s equitable powers, 

but finds that, if this action is indeed amending the effective 

legal dates, good cause exists to make the amendments without 

prior notice or opportunity for comment because the changes are 
Page 36 of 53

necessary for orderly implementation of the rule consistent with 

the Court’s order, and it is impracticable to provide notice and 

an opportunity for comment prior to the start of implementation. 

In a similar vein, as also discussed in section II above, the 

EPA notes that several of this action’s amendments toll dates in 

the regulatory text before December 30, 2011. The EPA interprets 

the Court’s order as tolling these dates because, as explained 

in section II, their function in the rule is to establish 

deadlines after December 30, 2011. However, in these instances 

as well, if this action is indeed amending the effective legal 

dates, the EPA finds that good cause exists to make the 

amendments without prior notice or opportunity for comment for 

the same reasons just stated.

As permitted by APA section 553(d) upon a finding of good 

cause, the EPA is also making this action tolling the dates in 

the CSAPR regulatory text effective immediately upon publication 

in the Federal Register. The EPA finds good cause to make this 

action immediately effective for the following reasons. The 

Court’s order lifting the stay of CSAPR and tolling the rule’s 

deadlines allows implementation of the rule’s emission 

limitations to begin on January 1, 2015. Promptly commencing 

implementation on January 1, 2015, is in the public interest 

because the rule will help states meet their interstate 

transport obligations under the CAA and protect air quality for 
Page 37 of 53

millions of Americans. Finally, immediately amending the dates 

in the CSAPR regulatory text – i.e., before the January 1, 2015,

start of implementation – in order to clarify and make 

internally consistent the timing of the rule’s requirements and 

elections will promote orderly implementation consistent with 

the Court’s order. 

As just described, the EPA finds good cause to take this final 

action without prior notice or opportunity for public comment 

and to make this action effective immediately upon publication 

in the Federal Register. However, the EPA is also implementing 

this action on an interim basis only and is providing notice and 

an opportunity for comment on the content of the amendments. In 

particular, the EPA requests comment on whether, in order to be 

consistent with the Court’s order tolling CSAPR deadlines by 

three years, the provisions of this interim rule should become 

permanent or, alternatively, whether any date or year in the 

regulatory text amended by the interim final rule should either 

be restored to the date or year as it appeared in the regulatory 

text prior to promulgation of the interim final rule or should 

be changed to a date or year different from the date or year set 

in the interim final rule. The EPA is not reopening for comment

any provisions of CSAPR other than the dates and years amended 

in the interim final rule for consistency with the Court’s order 

tolling CSAPR deadlines by three years. Issuance of this interim 
Page 38 of 53

final rule, while also requesting comment, enables CSAPR to be

implemented in an orderly manner beginning January 1, 2015,

consistent with the Court’s order and also provides public 

notice and an opportunity for comment as to whether these 

revisions should be made permanent or whether further amendments 

to the regulatory text may be necessary to comply with the 

Court’s order. The EPA anticipates issuing a final rule 

confirming these revisions or making any further amendments to 

the CSAPR regulatory text that may be necessary following 

consideration of any comments received. 

IV. Statutory and Executive Order Reviews

Additional information about these statutes and Executive 

Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and 

Executive Order 13563: Improving Regulation and Regulatory 

Review

This action is not a significant regulatory action and was 

therefore not submitted to the Office of Management and Budget 

(OMB) for review.

B. Paperwork Reduction Act

This action does not impose any new information collection 

burden under the Paperwork Reduction Act. OMB has previously 
Page 39 of 53

approved the information collection activities contained in the 

existing regulations and has assigned OMB control number 2060-

0667. This action simply tolls the deadlines of CSAPR by three 

years, including the deadlines for the rule’s information 

collection requirements, consistent with the order of the D.C. 

Circuit lifting the previous stay of the rule.

C. Regulatory Flexibility Act

This action is not subject to the Regulatory Flexibility Act 

(RFA). The RFA applies only to rules subject to notice and 

comment rulemaking requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or any other statute. This 

rule is not subject to notice and comment requirements because 

the Agency has invoked the APA “good cause” exemption under 5 

U.S.C. 553(b), as discussed in section III of this preamble.

D. Unfunded Mandates Reform Act

This action does not contain any unfunded mandate as described 

in the Unfunded Mandates Reform Act, 2 U.S.C. 1531–1538, and 

does not significantly or uniquely affect small governments. The 

action imposes no enforceable duty on any state, local, or 

tribal governments or the private sector. This action simply 

tolls the deadlines of CSAPR by three years consistent with the 

order of the D.C. Circuit lifting the previous stay of the rule.

E. Executive Order 13132: Federalism
Page 40 of 53

This action does not have federalism implications. It will not 

have substantial direct effects on the states, on the 

relationship between the national government and the states, or 

on the distribution of power and responsibilities among the 

various levels of government. This action simply tolls the 

deadlines of CSAPR by three years consistent with the order of 

the D.C. Circuit lifting the previous stay of the rule.

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

This action does not have tribal implications as specified in 

Executive Order 13175. This action simply tolls the deadlines of 

CSAPR by three years, consistent with the order of the D.C. 

Circuit lifting the previous stay of the rule. Thus, Executive 

Order 13175 does not apply to this action. Consistent with the 

EPA Policy on Consultation and Coordination with Indian Tribes, 

the EPA consulted with tribal officials while developing CSAPR. 

A summary of that consultation is provided in the preamble for 

CSAPR, 76 FR 48208, 48346 (August 8, 2011).

G. Executive Order 13045: Protection of Children from 

Environmental Health and Safety Risks

The EPA interprets Executive Order 13045 as applying only to 

those regulatory actions that concern environmental health or 

safety risks that the EPA has reason to believe may 
Page 41 of 53

disproportionately affect children, per the definition of 

“covered regulatory action” in section 2-202 of the Executive 

Order. This action is not subject to Executive Order 13045 

because it simply tolls the deadlines of the CSAPR FIPs 

implementing previously promulgated health or safety-based 

federal standards, consistent with the order of the D.C. Circuit 

lifting the previous stay of the rule.

H. Executive Order 13211: Actions That Significantly Affect 

Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because 

it is not a significant regulatory action under Executive Order 

12866.

I. National Technology Transfer Advancement Act

This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations

The EPA believes the human health or environmental risk 

addressed by this action will not have potential 

disproportionately high and adverse human health or 

environmental effects on minority, low-income, or indigenous 

populations. This action simply tolls the deadlines of CSAPR by 

three years, consistent with the order of the D.C. Circuit 
Page 42 of 53

lifting the previous stay of the rule. Consistent with Executive 

Order 12898 and the EPA’s environmental justice policies, the 

EPA considered effects on low-income, minority, and indigenous 

populations while developing CSAPR. The process and results of 

that consideration are described in the preamble for CSAPR, 76 

FR 48208, 48347-52 (August 8, 2011).

K. Congressional Review Act

This action is subject to the Congressional Review Act (CRA), 

and the EPA will submit a rule report to each House of the 

Congress and to the Comptroller General of the United States. 

The CRA allows the issuing agency to make a rule effective 

sooner than otherwise provided by the CRA if the agency makes a 

good cause finding that notice and comment rulemaking procedures 

are impracticable, unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has made a good cause 

finding for this rule as discussed in section III of this 

preamble, including the basis for that finding.

List of Subjects

40 CFR Part 51

Environmental protection, Administrative practice and 

procedure, Air pollution control, Incorporation by reference, 

Intergovernmental relations, Nitrogen dioxide, Ozone, 
Page 43 of 53

Particulate matter, Reporting and recordkeeping requirements, 

Sulfur oxides.

40 CFR Part 52

Environmental protection, Administrative practice and 

procedure, Air pollution control, Incorporation by reference, 

Intergovernmental relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and recordkeeping requirements, 

Sulfur oxides.

40 CFR Part 97

Environmental protection, Administrative practice and 

procedure, Air pollution control, Electric power plants, 

Nitrogen oxides, Reporting and recordkeeping requirements, 

Sulfur dioxide.
Page 44 of 53

Rulemaking to Amend Dates in Federal Implementation Plans 

Addressing Interstate Transport of Ozone and Fine Particulate 

Matter

(page 44 of 53)

Dated: 

Gina McCarthy,

Administrator.
Page 45 of 53

For the reasons stated in the preamble, parts 51, 52, and 97 

of chapter I of title 40 of the Code of Federal Regulations are

amended as follows:

PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 

IMPLEMENTATION PLANS

1. The authority citation for part 51 continues to read as 

follows:

Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

§§51.121, 51.123, and 51.124 [Amended]

2. Part 51 is amended by removing “2012” and adding in its 

place “2015” in the following places:

a. Section 51.121(r)(2);

b. Section 51.123(ff)(2) through (4); and

c. Section 51.124(s)(2).

§§51.123 and 51.124 [Amended]

3. Part 51 is further amended by removing “December 31, 2011” 

and adding in its place “December 31, 2014” in the following 

places:

a. Section 51.123(ff)(1) introductory text; and

b. Section 51.124(s)(1) introductory text;
Page 46 of 53

§51.123 [Amended]

4. Section 51.123 is amended in paragraphs (ff)(3) and (4) by 

removing “November 7, 2011” and adding in its place “[INSERT 

DATE 90 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER]”.

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

5. The authority citation for part 52 continues to read as 

follows:

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

§§52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984, 52.1186,

52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284, 

52.2587, and 52.2588 [Amended]

6. Part 52 is amended by removing “2012” and adding in its 

place “2015” in the following places:

a. Section 52.35(f)(2) through (4);

b. Section 52.36(e)(2);

c. Section 52.440(c)(2) through (4);

d. Section 52.441(b)(2);

e. Section 52.484(c)(2) through (4);

f. Section 52.485(b)(2);

g. Section 52.984(c)(2) through (4);
Page 47 of 53

h. Section 52.1186(c)(2) through (4);

i. Section 52.1187(b)(2);

j. Section 52.1584(c)(2) through (4);

k. Section 52.1585(b)(2);

l. Section 52.2240(c)(2) through (4);

m. Section 52.2241(b)(2);

n. Section 52.2283(b)(2) and (3);

o. Section 52.2284(b)(2);

p. Section 52.2587(c)(2) through (4); and

q. Section 52.2588(b)(2).

§§52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984, 52.1186, 

52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284, 

52.2587, and 52.2588 [Amended]

7. Part 52 is further amended by removing “December 31, 2011” 

and adding in its place “December 31, 2014” in the following 

places:

a. Section 52.35(f)(1) introductory text;

b. Section 52.36(e)(1) introductory text;

c. Section 52.440(c)(1) introductory text;

d. Section 52.441(b)(1) introductory text;
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e. Section 52.484(c)(1) introductory text;

f. Section 52.485(b)(1) introductory text;

g. Section 52.984(c)(1) introductory text;

h. Section 52.1186(c)(1) introductory text;

i. Section 52.1187(b)(1) introductory text;

j. Section 52.1584(c)(1) introductory text;

k. Section 52.1585(b)(1) introductory text;

l. Section 52.2240(c)(1) introductory text;

m. Section 52.2241(b)(1) introductory text;

n. Section 52.2283(b)(1) introductory text;

o. Section 52.2284(b)(1) introductory text;

p. Section 52.2587(c)(1) introductory text; and

q. Section 52.2588(b)(1) introductory text.

§§52.35, 52.440, 52.484, 52.984, 52.1186, 52.1584, 52.2240, 

52.2283, and 52.2587 [Amended]

8. Part 52 is further amended by removing “November 7, 2011” 

and adding in its place “[INSERT DATE 90 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]” in the following places:

a. Section 52.35(f)(3) and (4);

b. Section 52.440(c)(3) and (4);
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c. Section 52.484(c)(3) and (4);

d. Section 52.984(c)(3) and (4);

e. Section 52.1186(c)(3) and (4);

f. Section 52.1584(c)(3) and (4);

g. Section 52.2240(c)(3) and (4);

h. Section 52.2283(b)(3); and

i. Section 52.2587(c)(3) and (4).

§§52.38 and 52.39 [Amended]

9. Sections 52.38 and 52.39 are amended as follows:

a. By removing “2020” wherever it appears and adding in its 

place “2023”;

b. By removing “2019” wherever it appears and adding in its 

place “2022”;

c. By removing “2018” wherever it appears and adding in its 

place “2021”;

d. By removing “2017” wherever it appears and adding in its 

place “2020”;

e. By removing “2016” wherever it appears and adding in its 

place “2019”;

f. By removing “2015” wherever it appears and adding in its 

place “2018”;
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g. By removing “2014” wherever it appears and adding in its 

place “2017”;

h. By removing “2013” wherever it appears and adding in its 

place “2016”; and

i. By removing “2012” wherever it appears and adding in its 

place “2015”.

PART 97—FEDERAL NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2

TRADING PROGRAMS

10. The authority citation for part 97 continues to read as 

follows:

Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, 

et seq.

§§97.406, 97.506, 97.606, and 97.706 [Amended]

11. Sections 97.406, 97.506, 97.606, and 97.706 are amended as 

follows:

a. By removing “2014” wherever it appears and adding in its 

place “2017”; and

b. By removing “2012” wherever it appears and adding in its 

place “2015”.
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§§97.410, 97.510, 97.610, and 97.710 [Amended]

12. Sections 97.410, 97.510, 97.610, and 97.710 are amended as 

follows:

a. By removing “2014” wherever it appears and adding in its 

place “2017”;

b. By removing “2013” wherever it appears and adding in its 

place “2016”; and

c. By removing “2012” wherever it appears and adding in its 

place “2015”.

§§97.411, 97.511, 97.611, and 97.711 [Amended]

13. Sections 97.411, 97.511, 97.611, and 97.711 are amended as 

follows:

a. By removing “2012” wherever it appears and adding in its 

place “2015”; and

b. By removing “after 2011” wherever it appears and adding in 

its place “after 2014”.

§§97.412, 97.512, 97.612, and 97.712 [Amended]

14. Sections 97.412, 97.512, 97.612, and 97.712 are amended by 

removing “2012” wherever it appears and adding in its place

“2015”.
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§§97.421, 97.521, 97.621, and 97.721 [Amended]

15. Sections 97.421, 97.521, 97.621, and 97.721 are amended as 

follows:

a. By removing “2019” wherever it appears and adding in its 

place “2022”;

b. By removing “2018” wherever it appears and adding in its 

place “2021”;

c. By removing “2017” wherever it appears and adding in its 

place “2020”;

d. By removing “2016” wherever it appears and adding in its 

place “2019”;

e. By removing “2015” wherever it appears and adding in its 

place “2018”;

f. By removing “2014” wherever it appears and adding in its 

place “2017”;

g. By removing “2013” wherever it appears and adding in its 

place “2016”; and

h. By removing “2012” wherever it appears and adding in its 

place “2015”.
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§§97.425, 97.525, 97.625, and 97.725 [Amended]

16. Sections 97.425, 97.525, 97.625, and 97.725 are amended by 

removing “2015” wherever it appears and adding in its place

“2018”.

§§97.430, 97.530, 97.630, and 97.730 [Amended]

17. Sections 97.430, 97.530, 97.630, and 97.730 are amended as 

follows:

a. By removing “2012” wherever it appears and adding in its 

place “2015”; and

b. By removing “July 1, 2011” wherever it appears and adding 

in its place “July 1, 2014”.

§§97.434, 97.534, 97.634, and 97.734 [Amended]

18. Sections 97.434, 97.534, 97.634, and 97.734 are amended as 

follows:

a. By removing “2012” wherever it appears and adding in its 

place “2015”;

b. By removing “the third or fourth quarter of 2011” wherever 

it appears and adding in its place “the third or fourth quarter 

of 2014”; and

c. By removing “July 1, 2011” wherever it appears and adding 

in its place “July 1, 2014”.