Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 59869 

1Federal Implementation Plans; Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals, 76 FR 48208 (August 

8, 2011) (codified as amended at 40 CFR 52.38 and 

52.39 and subparts AAAAA through DDDDD of 40 

CFR part 97). 2See 40 CFR 52.38, 52.39. States also retain the 

ability to submit SIP revisions to meet their 

transport-related obligations using mechanisms 

other than the CSAPR federal trading programs or 

integrated state trading programs. 

Dated: August 22, 2016. 

Benjamin A. Cooper, 

Captain, U.S. Coast Guard, Captain of the 

Port Delaware Bay. 

[FR Doc. 2016–20951 Filed 8–30–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0294; FRL–9951–52– 

Region 4] 

Air Plan Approval; Alabama; CrossState Air Pollution Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

the October 26, 2015, State 

Implementation Plan (SIP) submittal 

from Alabama concerning the CrossState Air Pollution Rule (CSAPR). 

Under CSAPR, large electricity 

generating units (EGUs) in Alabama are 

subject to Federal Implementation Plans 

(FIPs) requiring the units to participate 

in CSAPR’s federal trading program for 

annual emissions of nitrogen oxides 

(NOX) and one of CSAPR’s two federal 

trading programs for annual emissions 

of sulfur dioxide (SO2). This action 

approves the incorporation into 

Alabama’s SIP of the state’s regulations 

requiring Alabama EGUs to participate 

in new CSAPR state trading programs 

for annual NOX and SO2 emissions 

integrated with the CSAPR federal 

trading programs, replacing the 

corresponding FIP requirements. These 

CSAPR state trading programs are 

substantively identical to the CSAPR 

federal trading programs except with 

regard to the provisions allocating 

emission allowances among Alabama 

units. EPA is approving the portions of 

the SIP revision concerning these 

CSAPR state trading programs because 

these portions of the SIP revision meet 

the requirements of the Clean Air Act 

(CAA or Act) and EPA’s regulations for 

approval of a CSAPR full SIP revision 

replacing the requirements of a CSAPR 

FIP. Under the CSAPR regulations, 

approval of these portions of the SIP 

revision automatically eliminates 

Alabama units’ obligations to participate 

in CSAPR’s federal trading programs for 

annual NOX and SO2 emissions under 

the corresponding CSAPR FIPs 

addressing interstate transport 

requirements for the 1997 and 2006 Fine 

Particulate Matter (PM2.5) national 

ambient air quality standards (NAAQS). 

Approval of these portions of the SIP 

revision fully satisfies Alabama’s good 

neighbor obligation under the CAA to 

prohibit emissions which will 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in any other state. This 

approval also addresses the judicial 

remand of the federally-established 

CSAPR Phase 2 SO2 budget for 

Alabama. EPA is not acting at this time 

on the portion of Alabama’s SIP 

submittal intended to replace Alabama 

units’ obligations to participate in 

CSAPR’s federal trading program for 

ozone-season NOX emissions under a 

separate CSAPR FIP. 

DATES: This rule is effective September 

30, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No EPA–R04–OAR–2016– 

0294. All documents in the docket are 

listed on the www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Steven Scofield, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960. Mr. Scofield can 

be reached by telephone at (404) 562– 

9034 or via electronic mail at 

scofield.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on CSAPR and CSAPRRelated SIP revisions 

EPA issued CSAPR in July 2011 to 

address the requirements of CAA 

section 110(a)(2)(D)(i)(I) concerning 

interstate transport of air pollution.1 As 

amended, CSAPR requires 28 Eastern 

states to limit their statewide emissions 

of SO2 and/or NOX in order to mitigate 

transported air pollution unlawfully 

impacting other states’ ability to attain 

or maintain three NAAQS: the 1997 

ozone NAAQS, the 1997 annual PM2.5

NAAQS, and the 2006 24-hour PM2.5

NAAQS. The CSAPR emissions 

limitations are defined in terms of 

maximum statewide ‘‘budgets’’ for 

emissions of annual SO2, annual NOX, 

and/or ozone-season NOX by each 

covered state’s large EGUs. The CSAPR 

state budgets are implemented in two 

phases of generally increasing 

stringency, with the Phase 1 budgets 

applying to emissions in 2015 and 2016 

and the Phase 2 budgets applying to 

emissions in 2017 and later years. As a 

mechanism for achieving compliance 

with the emissions limitations, CSAPR 

established four federal emissions 

trading programs: A program for annual 

NOX emissions, a program for ozoneseason NOX emissions, and two 

geographically separate programs for 

annual SO2 emissions. CSAPR also 

established FIP requirements applicable 

to the large electricity generating units 

in each covered state. The CSAPR FIP 

provisions require each state’s units to 

participate in up to three of the four 

CSAPR trading programs. 

CSAPR includes provisions under 

which states may submit and EPA will 

approve SIP revisions to modify or 

replace the CSAPR FIP requirements 

while allowing states to continue to 

meet their transport-related obligations 

using either CSAPR’s federal emissions 

trading programs or state emissions 

trading programs integrated with the 

federal programs.2 Through such a SIP 

revision, a state may replace EPA’s 

default provisions for allocating 

emission allowances among the state’s 

units, employing any state-selected 

methodology to allocate or auction the 

allowances, subject to timing conditions 

and limits on overall allowance 

quantities. In the case of CSAPR’s 

federal trading program for ozoneseason NOX emissions (or an integrated 

state trading program), a state may also 

expand trading program applicability to 

include certain smaller electricity 


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3CSAPR also provides for a third, more 

streamlined form of SIP revision that is effective 

only for control periods in 2016 and is not relevant 

here. See § 52.38(a)(3), (b)(3); § 52.39(d), (g). 4 § 52.38(a)(4), (b)(4); § 52.39(e), (h). 

5 § 52.38(a)(5), (b)(5); § 52.39(f), (i). 

6 § 52.38(a)(6), (b)(6); § 52.39(j). 

7 § 52.38(a)(5)(iv)–(v), (a)(6), (b)(5)(v)–(vi), (b)(6); 

§ 52.39(f)(4)–(5), (i)(4)–(5), (j). 

8 § 52.38(a)(7), (b)(7); § 52.39(k). 

9EME Homer City Generation, L.P. v. EPA, 795 

F.3d 118, 138 (D.C. Cir. 2015). 

10 80 FR 75706, 75710, 75757 (December 3, 2015). 

11 76 FR at 48213. 

12 40 CFR 52.38(a)(2), (b)(2); § 52.39(c); § 52.54(a), 

(b); § 52.55. 

13EPA notes that ADEM Administrative Code 

rules 335–3–5–.06 through 335–3–05–.08 and 335– 

3–05–.11 through 335–3–05–.14 (state effective 

November 24, 2015) for the TR SO2 Group 2 trading 

program have the same numeric regulatory citations 

as the regulations in the SIP for Alabama’s existing 

CAIR SO2 trading program as identified at 40 CFR 

52.50(c) and that the ADEM Administrative Code 

rules 335–3–8–.07 through 335–3–8–.33 (with the 

exception of rules 335–3–8–.15, –.19, –.22, –.28, 

generating units. If a state wants to 

replace CSAPR FIP requirements with 

SIP requirements under which the 

state’s units participate in a state trading 

program that is integrated with and 

identical to the federal trading program 

even as to the allocation and 

applicability provisions, the state may 

submit a SIP revision for that purpose 

as well. However, no emissions budget 

increases or other substantive changes 

to the trading program provisions are 

allowed. A state whose units are subject 

to multiple CSAPR FIPs and federal 

trading programs may submit SIP 

revisions to modify or replace either 

some or all of those FIP requirements. 

States can submit two basic forms of 

CSAPR-related SIP revisions effective 

for emissions control periods in 2017 or 

later years.3 Specific conditions for 

approval of each form of SIP revision 

are set forth in the CSAPR regulations. 

Under the first alternative—an 

‘‘abbreviated’’ SIP revision—a state may 

submit a SIP revision that upon 

approval replaces the default allowance 

allocation and/or applicability 

provisions of a CSAPR federal trading 

program for the state.4 Approval of an 

abbreviated SIP revision leaves the 

corresponding CSAPR FIP and all other 

provisions of the relevant federal 

trading program in place for the state’s 

units. 

Under the second alternative—a 

‘‘full’’ SIP revision—a state may submit 

a SIP revision that upon approval 

replaces a CSAPR federal trading 

program for the state with a state trading 

program integrated with the federal 

trading program, so long as the state 

trading program is substantively 

identical to the federal trading program 

or does not substantively differ from the 

federal trading program except as 

discussed above with regard to the 

allowance allocation and/or 

applicability provisions.5 For purposes 

of a full SIP revision, a state may either 

adopt state rules with complete trading 

program language, incorporate the 

federal trading program language into its 

state rules by reference (with 

appropriate conforming changes), or 

employ a combination of these 

approaches. 

The CSAPR regulations identify 

several important consequences and 

limitations associated with approval of 

a full SIP revision. First, upon EPA’s 

approval of a full SIP revision as 

correcting the deficiency in the state’s 

implementation plan that was the basis 

for a particular set of CSAPR FIP 

requirements, the obligation to 

participate in the corresponding CSAPR 

federal trading program is automatically 

eliminated for units subject to the state’s 

jurisdiction without the need for a 

separate EPA withdrawal action, so long 

as EPA’s approval of the SIP is full and 

unconditional.6 Second, approval of a 

full SIP revision does not terminate the 

obligation to participate in the 

corresponding CSAPR federal trading 

program for any units located in any 

Indian country within the borders of the 

state, and if and when a unit is located 

in Indian country within a state’s 

borders, EPA may modify the SIP 

approval to exclude from the SIP, and 

include in the surviving CSAPR FIP 

instead, certain trading program 

provisions that apply jointly to units in 

the state and to units in Indian country 

within the state’s borders.7 Finally, if at 

the time a full SIP revision is approved 

EPA has already started recording 

allocations of allowances for a given 

control period to a state’s units, the 

federal trading program provisions 

authorizing EPA to complete the process 

of allocating and recording allowances 

for that control period to those units 

will continue to apply, unless EPA’s 

approval of the SIP revision provides 

otherwise.8

Certain CSAPR Phase 2 emissions 

budgets have been remanded to EPA for 

reconsideration.9 However, the CSAPR 

trading programs remain in effect and 

all CSAPR emissions budgets likewise 

remain in effect pending EPA final 

action to address the remands. The 

remanded budgets include the CSAPR 

Phase 2 SO2 emissions budget 

applicable to Alabama units under the 

federal CSAPR SO2 Group 2 Trading 

Program. 

In 2015, EPA proposed to update 

CSAPR to address Eastern states’ 

interstate air pollution mitigation 

obligations with regard to the 2008 

ozone NAAQS. Among other things, the 

proposed rule would amend the Phase 

2 emissions budget applicable to 

Alabama units under the CSAPR NOX

Ozone Season Trading Program and 

would make technical corrections and 

nomenclature changes that would apply 

throughout the CSAPR regulations, 

including the CSAPR FIPs at 40 CFR 

part 52 and the CSAPR federal trading 

program regulations for annual NOX, 

ozone-season NOX, and SO2 emissions 

at 40 CFR part 97.10

In the CSAPR rulemaking, EPA 

determined that air pollution 

transported from Alabama would 

unlawfully affect other states’ ability to 

attain or maintain the 1997 and 2006 

PM2.5 NAAQS and the 1997 ozone 

NAAQS.11 Alabama units meeting the 

CSAPR applicability criteria were 

consequently made subject to FIP 

provisions requiring participation in 

CSAPR federal trading programs for 

SO2, annual NOX, and ozone-season 

NOX emissions.12 On October 26, 2015, 

Alabama submitted to EPA a SIP 

revision including provisions that, if all 

portions were approved, would 

incorporate into Alabama’s SIP CSAPR 

state trading program regulations that 

would replace the CSAPR regulations 

for all three of these federal trading 

programs with regard to Alabama units 

for control periods in 2017 and later 

years. In a notice of proposed 

rulemaking (NPRM) published on June 

28, 2016 (81 FR 41914), EPA proposed 

to approve portions of Alabama’s 

October 26, 2015, SIP submittal 

designed to replace the CSAPR federal 

SO2 and annual NOX trading programs. 

EPA did not propose to take action on 

the portion of the SIP submittal 

designed to replace the federal CSAPR 

ozone-season NOX trading program. The 

NPRM provides additional detail 

regarding the background and rationale 

for EPA’s action. Comments on the 

NPRM were due on or before July 28, 

2016. EPA received no adverse 

comments on the proposed action. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of ADEM Administrative 

Code rules 335–3–8–.07 through 335–3– 

8–.38 (establishing Alabama’s ‘‘TR NOX

Annual Trading Program’’) and 335–3– 

5–.06 through 335–3–5–.36 (establishing 

Alabama’s ‘‘TR SO2 Group 2 Trading 

Program’’), effective November 24, 

2015.13 Therefore, these materials have 


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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 59871 

and –.31) (state effective November 24, 2015) for the 

TR NOX Annual trading program have the same 

numeric regulatory citations as the regulations in 

the SIP for Alabama’s existing NOX Budget trading 

and the CAIR NOX Annual trading programs as 

identified at 40 CFR 52.50(c). The existing NOX

Budget trading and CAIR regulations remain in the 

Alabama SIP and are not superseded by the TR 

regulations approved into the SIP in this final 

action even though these TR regulations share the 

same numeric citations. Therefore, the regulatory 

table at 40 CFR 52.50(c) retains the existing NOX

Budget and CAIR SO2 and NOX Annual trading 

programs and includes the TR SO2 Group 2 and 

NOX Annual trading programs. 

14 62 FR 27968 (May 22, 1997). 

15Consistent with the current CSAPR regulatory 

text, the Alabama rules use the terms ‘‘Transport 

Rule’’ and ‘‘TR’’ instead of the updated terms 

‘‘Cross-State Air Pollution Rule’’ and ‘‘CSAPR’’. 

16EPA has proposed to make certain technical 

corrections to the CSAPR FIP and federal trading 

program regulations in order to more accurately 

reflect EPA’s intent as described in the CSAPR 

rulemaking and has also proposed to replace ‘‘TR’’ 

with ‘‘CSAPR’’ throughout the regulations (for 

example, ‘‘TR NOX Annual unit’’ would become 

‘‘CSAPR NOX Annual unit’’). See 80 FR 75706, 

75758. Because the proposed technical corrections 

merely clarify and do not change EPA’s 

interpretations, where the proposed corrections 

would apply to a provision incorporated by 

reference in the Alabama rules, EPA would 

interpret the Alabama rules as reflecting the 

corrections. Further, EPA anticipates that if the 

proposed nomenclature updates are finalized, the 

final CSAPR federal regulations would explicitly 

provide that terms that include ‘‘CSAPR’’ 

encompass otherwise identical terms in approved 

SIP revisions that include ‘‘TR’’. 

17 40 CFR 52.38(a)(6); § 52.39(j); see also 

§ 52.54(a)(1); § 52.55(a). 

18See 76 FR 48208, 48210 (August 8, 2011). 

19EME Homer City Generation, L.P. v. EPA, 795 

F.3d 118, 138 (D.C. Cir. 2015). 

been approved by EPA for inclusion in 

the SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.14

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

III. Final Actions 

EPA is approving the portions of 

Alabama’s October 26, 2015, SIP 

submittal concerning the establishment 

for Alabama units of CSAPR state 

trading programs for annual NOX and 

SO2 emissions for compliance periods 

in 2017 and later years. The revision 

adopts into the SIP the state trading 

program rules codified in ADEM 

Administrative Code rules 335–3–8–.07 

through 335–3–8–.38 (establishing 

Alabama’s ‘‘TR NOX Annual Trading 

Program’’) and 335–3–5–.06 through 

335–3–5–.36 (establishing Alabama’s 

‘‘TR SO2 Group 2 Trading Program’’).15

These Alabama CSAPR state trading 

programs will be integrated with the 

federal CSAPR NOX Annual Trading 

Program and the federal CSAPR SO2

Group 2 Trading Program, respectively, 

and are substantively identical to the 

federal trading programs except with 

regard to the allowance allocation 

provisions.16 Following approval of 

these portions of the SIP revision, 

Alabama units therefore will generally 

be required to meet requirements under 

Alabama’s CSAPR state trading 

programs equivalent to the requirements 

the units otherwise would have been 

required to meet under the 

corresponding CSAPR federal trading 

programs, but allocations to Alabama 

units of CSAPR NOX Annual allowances 

for compliance periods in 2017 and later 

years will be determined according to 

the SIP’s allocation provisions at 

Alabama rule 335–3–8–.14 instead of 

EPA’s default allocation provisions at 40 

CFR 97.411(a), 97.411(b)(1), and 

97.412(a), and allocations to Alabama 

units of CSAPR SO2 Group 2 allowances 

will be determined according to the 

SIP’s allocation provisions at Alabama 

rule 335–3–5–.13 instead of EPA’s 

default allocation provisions at 40 CFR 

97.711(a), 97.711(b)(1), and 97.712(a). 

EPA is approving these portions of the 

SIP revision because they meet the 

requirements of the CAA and EPA’s 

regulations for approval of a CSAPR full 

SIP revision replacing a federal trading 

program with a state trading program 

that is integrated with and substantively 

identical to the federal trading program 

except for permissible differences with 

respect to emission allowance allocation 

provisions. 

EPA promulgated the FIP provisions 

requiring Alabama units to participate 

in the federal CSAPR NOX Annual 

Trading Program and the federal CSAPR 

SO2 Group 2 Trading Program in order 

to address Alabama’s obligations under 

CAA section 110(a)(2)(D)(i)(I) with 

respect to the 1997 and 2006 PM2.5

NAAQS in the absence of SIP provisions 

addressing those requirements. 

Approval of the portions of Alabama’s 

SIP submittal adopting CSAPR state 

trading program rules for annual NOX

and SO2 substantively identical to the 

corresponding CSAPR federal trading 

program regulations (or differing only 

with respect to the allowance allocation 

methodology) will correct the same 

deficiency in the SIP that otherwise 

would be corrected by those CSAPR 

FIPs. Under the CSAPR regulations, 

upon EPA’s full and unconditional 

approval of a SIP revision as correcting 

the SIP’s deficiency that is the basis for 

a particular CSAPR FIP, the obligation 

to participate in the corresponding 

CSAPR federal trading program is 

automatically eliminated for units 

subject to the state’s jurisdiction (but 

not for any units located in any Indian 

country within the state’s borders).17

The approval of the portions of 

Alabama’s SIP submittal establishing 

CSAPR state trading program rules for 

annual NOX and SO2 emissions 

therefore will result in automatic 

termination of the obligations of 

Alabama units to participate in the 

federal CSAPR NOX Annual Trading 

Program and the federal CSAPR SO2

Group 2 Trading Program. Further, 

when promulgating the FIP provisions 

requiring Alabama units to participate 

in those two CSAPR trading programs, 

EPA found that those FIP requirements 

would fully satisfy Alabama’s obligation 

pursuant to CAA section 

110(a)(2)(D)(i)(I) to prohibit emissions 

which will significantly contribute to 

nonattainment or interfere with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in any other state.18 This 

approval of portions of Alabama’s SIP 

revision as correcting the SIP’s 

deficiency that was the basis for those 

FIP requirements therefore likewise 

fully satisfies the state’s transport 

obligation with respect to the 1997 and 

2006 PM2.5 NAAQS. 

As noted in EPA’s NPRM, the Phase 

2 SO2 budget established for Alabama in 

the CSAPR rulemaking has been 

remanded to EPA for reconsideration.19

With the approval of these portions of 

the SIP revision as proposed, Alabama 

has fulfilled its obligations to provide a 

SIP that addresses the interstate 

transport provisions of CAA section 

110(a)(2)(D)(i)(I) with respect to the 

1997 and 2006 PM2.5 NAAQS. Thus, 

EPA no longer has an obligation to (nor 

does EPA have the authority to) address 

those transport requirements through 

implementation of a FIP, and approval 

of these portions of the SIP revision 

eliminates Alabama units’ obligations to 

participate in the federal CSAPR NOX

Annual Trading Program and the federal 

CSAPR SO2 Group 2 Trading Program. 

Elimination of Alabama units’ 

obligations to participate in the federal 

trading programs includes elimination 

of the requirements to comply with the 

federally-established Phase 2 budgets 

capping allocations of CSAPR NOX

Annual allowances and CSAPR SO2

Group 2 allowances to Alabama units 

under those federal trading programs. 


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20Although the court in EME Homer City 

Generation remanded Alabama’s Phase 2 SO2

budget because it determined that the budget was 

too stringent, nothing in the court’s decision affects 

Alabama’s authority to seek incorporation into its 

SIP of a state-established budget as stringent as the 

remanded federally-established budget or limits 

EPA’s authority to approve such a SIP revision. See 

42 U.S.C. 7416, 7410(k)(3). 

As approval of these portions of the SIP 

revision eliminates requirements to 

comply with Alabama’s remanded 

federally-established Phase 2 SO2

budget and eliminates EPA’s authority 

to subject units in Alabama to a FIP, it 

is EPA’s opinion that finalization of 

approval of this SIP action addresses the 

judicial remand of Alabama’s federallyestablished Phase 2 SO2 budget.20

Large electricity generating units in 

Alabama are subject to additional 

CSAPR FIP provisions requiring them to 

participate in the federal CSAPR NOX

Ozone Season Trading Program. While 

Alabama’s SIP submittal also seeks to 

replace the CSAPR FIP requirements 

addressing Alabama units’ ozone-season 

NOX emissions, EPA is not acting on 

that portion of the SIP submittal at this 

time. Approval of this SIP revision 

concerning other CSAPR trading 

programs has no effect on any CSAPR 

FIP requirements applicable to Alabama 

units regarding ozone-season NOX

emissions. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 31, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and it 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 16, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.50(c) is amended by: 

■ a. Adding seven new entries under 

‘‘Chapter No. 335–3–5 Control of Sulfur 

Compound Emissions’’ for ‘‘335–3–5– 

.06’’, ‘‘335–3–5–.07’’, ‘‘335–3–5–.08’’, 

‘‘335–3–5–.11’’, ‘‘335–3–5–.12’’, ‘‘335– 

3–5–.13’’ and ‘‘335–3–5–.14’’ under 

each existing entry for ‘‘335–3–5–.06’’, 

‘‘335–3–5–.07’’, ‘‘335–3–5–.08’’, ‘‘335– 

3–5–.11’’, ‘‘335–3–5–.12’’, ‘‘335–3–5– 

.13’’ and ‘‘335–3–5–.14’’ in numerical 

and date order; 

■ b. Adding in numerical order under 

‘‘Chapter No. 335–3–5 Control of Sulfur 

Compound Emissions’’ new entries for 

‘‘335–3–5–.09’’, ‘‘335–3–5–.10’’, and 

‘‘335–3–5–.15’’ through ‘‘335–3–5–.36’’; 

■ c. Revising the title to Chapter No. 

335–3–8; 

■ d. Adding 21 new entries under 

‘‘Chapter No. 335–3–8 Control of 

Nitrogen Oxides Emissions’’ for ‘‘335– 

3–8–.07’’, ‘‘335–3–8–.08’’, ‘‘335–3–8– 

.09’’, ‘‘335–3–8–.10’’, ‘‘335–3–8–.11’’, 

‘‘335–3–8–.12’’, ‘‘335–3–8–.13’’, ‘‘335– 

3–8–.14’’, ‘‘335–3–8–.16’’, ‘‘335–3–8– 

.17’’, ‘‘335–3–8–.18’’, ‘‘335–3–8–.20’’, 

‘‘335–3–8–.21’’, ‘‘335–3–8–.23’’, ‘‘335– 

3–8–.24’’, ‘‘335–3–8–.25’’, ‘‘335–3–8– 

.26’’, ‘‘335–3–8–.27’’, ‘‘335–3–8–.29’’, 

‘‘335–3–8–.30’’ and ‘‘335–3–8–.33’’, 

under each existing entry for ‘‘335–3–8– 

.07’’, ‘‘335–3–8–.08’’, ‘‘335–3–8–.09’’, 

‘‘335–3–8–.10’’, ‘‘335–3–8–.11’’, ‘‘335– 

3–8–.12’’, ‘‘335–3–8–.13’’, ‘‘335–3–8– 

.14’’, ‘‘335–3–8–.16’’, ‘‘335–3–8–.17’’, 

‘‘335–3–8–.18’’, ‘‘335–3–8–.20’’, ‘‘335– 

3–8–.21’’, ‘‘335–3–8–.23’’, ‘‘335–3–8– 

.24’’, ‘‘335–3–8–.25’’, ‘‘335–3–8–.26’’, 

‘‘335–3–8–.27’’, ‘‘335–3–8–.29’’, ‘‘335– 


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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 59873 

3–8–.30’’ and ‘‘335–3–8–.33’’, in 

numerical and date order; and 

■ e. Adding in numerical order under 

‘‘Chapter No. 335–3–8 Control of 

Nitrogen Oxides Emissions’’ new entries 

for ‘‘335–3–8–.15’’, ‘‘335–3–8–.19’’, 

‘‘335–3–8–.22’’, ‘‘335–3–8–.28’’, ‘‘335– 

3–8–.31’’, ‘‘335–3–8–.34’’, ‘‘335–3–8– 

.35’’, ‘‘335–3–8–.36’’, ‘‘335–3–8–.37’’ 

and ‘‘335–3–8–.38’’. 

The additions and revision read as 

follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter No. 335–3–5 Control of Sulfur Compound Emissions 

*******

Section 335–3–5– 

.06.

TR SO2 Trading Program—Purpose 

and Definitions.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–5–.06 are included in the approved SIP. 

* * * * * * * 

Section 335–3–5– 

.07.

TR SO2 Trading Program—Applicability 11/24/2015 8/31/2016 [Insert citation of publication].

Both sections of 335–3–5–.07 are included in the approved SIP. 

* * * * * * * 

Section 335–3–5– 

.08.

TR SO2 Trading Program—Retired Unit 

Exemption.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–5–.08 are included in the approved SIP. 

Section 335–3–5– 

.09.

TR SO2 Trading Program—Standard 

Requirements.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.10.

TR SO2 Trading Program—omputation 

of Time.

11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

Section 335–3–5– 

.11.

Administrative Appeal Procedures ......... 11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–5–.11 are included in the approved SIP. 

* * * * * * * 

Section 335–3–5– 

.12.

SO2 Trading Budgets and Variability 

Limits.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–5–.12 are included in the approved SIP. 

* * * * * * * 

Section 335–3–5– 

.13.

TR SO2 Allowance Allocations .............. 11/24/2015 8/31/2016 [Insert citation of publication].

Both sections of 335–3–5–.13 are included in the approved SIP. 

* * * * * * * 

Section 335–3–5– 

.14.

Authorization of Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–5–.14 are included in the approved SIP. 

Section 335–3–5– 

.15.

Responsibilities of Designated Representative and Alternate Designated 

Representative.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.16.

Changing Designated Representative 

and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.17.

Certificate of Representation ................. 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.18.

Objections Concerning Designated 

Representative and Alternate Designated Representative.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.19.

Delegation by Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016 [Insert citation of publication].


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59874 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 

EPA APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

Section 335–3–5– 

.20.

Reserved ................................................ 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.21.

Establishment of Compliance Accounts, 

Assurance Accounts, and General 

Accounts.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.22.

Recordation of TR SO2 Allowance Allocations and Auction Results.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.23.

Submission of TR SO2 Allowance 

Transfers.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.24.

Recordation of TR SO2 Allowance 

Transfers.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.25.

Compliance with TR SO2 Emissions 

Limitation.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.26.

Compliance with TR SO2 Assurance 

Provisions.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.27.

Banking .................................................. 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.28.

Account Error ......................................... 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.29.

Administrator’s Action on Submissions 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.30.

Reserved ................................................ 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.31.

General Monitoring, Recordkeeping, 

and Reporting Requirements.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.32.

Initial Monitoring System Certification 

and Recertification Procedures.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.33.

Monitoring System Out-of-Control Periods.11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.34.

Notifications Concerning Monitoring ...... 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.35.

Recordkeeping and Reporting ............... 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–5– 

.36.

Petitions for Alternatives to Monitoring, 

Recordkeeping, or Reporting Requirements.

11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

Chapter No. 335–3–8 Control of Nitrogen Oxides Emissions 

*******

Section 335–3–8– 

.07.

TR NOX Annual Trading Program—Purpose and Definitions.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.07 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.08.

TR NOX Annual Trading Program—Applicability.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.08 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.09.

TR NOX Annual Trading Program—Retired Unit Exemption.11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.09 are included in the approved SIP. 


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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 59875 

EPA APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Section 335–3–8– 

.10.

TR NOX Annual Trading Program— 

Standard Requirements.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.10 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.11.

TR NOX Annual Trading Program— 

Computation of Time.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.11 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.12.

Administrative Appeal Procedures ......... 11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.12 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.13.

NOX Annual Trading Budgets and Variability Limits.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.13 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.14.

TR NOX Annual Allowance Allocations 11/24/2015 8/31/2016 [Insert citation of publication].

Both sections of 335–3–8–.14 are included in the approved SIP. 

Section 335–3–8– 

.15.

Reserved ................................................ 11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

Section 335–3–8– 

.16.

Authorization of Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.16 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.17.

Responsibilities of Designated Representative and Alternate Designated 

Representative.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.17 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.18.

Changing Designated Representative 

and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.18 are included in the approved SIP. 

Section 335–3–8– 

.19.

Certificate of Representation ................. 11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.19 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.20.

Objections Concerning Designated 

Representative and Alternate Designated Representative.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.20 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.21.

Delegation by Designated Representative and Alternate Designated Representative.11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.21 are included in the approved SIP. 

Section 335–3–8– 

.22.

Reserved ................................................ 11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

Section 335–3–8– 

.23.

Establishment of Compliance Accounts, 

Assurance Accounts, and General 

Accounts.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.23 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.24.

Recordation of TR NOX Annual Allowance Allocations and Auction Results.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.24 are included in the approved SIP. 


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59876 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 

EPA APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Section 335–3–8– 

.25.

Submission of TR NOX Annual Allowance Transfers.11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.25 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.26.

Recordation of TR NOX Annual Allowance Transfers.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.26 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.27.

Compliance with TR NOX Annual Emissions Limitation.11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.27 are included in the approved SIP. 

Section 335–3–8– 

.28.

Compliance with TR NOX Annual Assurance Provisions.11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

Section 335–3–8– 

.29.

Banking .................................................. 11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.297 are included in the approved SIP. 

* * * * * * * 

Section 335–3–8– 

.30.

Account Error ......................................... 11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.30 are included in the approved SIP. 

Section 335–3–8– 

.31.

Administrator’s Action on Submissions 11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

Section 335–3–8– 

.33.

General Monitoring, Recordkeeping, 

and Reporting Requirements.

11/24/2015 8/31/2016 [Insert citation of publication].Both sections of 335–3–8–.33 are included in the approved SIP. 

Section 335–3–8– 

.34.

Initial Monitoring System Certification 

and Recertification Procedures.

11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–8– 

.35.

Monitoring System Out-of-Control Periods.11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–8– 

.36.

Notifications Concerning Monitoring ...... 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–8– 

.37.

Recordkeeping and Reporting ............... 11/24/2015 8/31/2016 [Insert citation of publication].

Section 335–3–8– 

.38.

Petitions for Alternatives to Monitoring, 

Recordkeeping, or Reporting Requirements.

11/24/2015 8/31/2016 [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2016–20854 Filed 8–30–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0636; FRL–9951–42– 

Region 9] 

Approval and Promulgation of Air 

Quality State Implementation Plans; 

California; San Joaquin Valley; 

Moderate Area Plan for the 2006 PM2.5

NAAQS 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

the state implementation plan revisions 

(SIP) submitted by California to address 

Clean Air Act requirements for the 2006 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standards in the 

San Joaquin Valley Moderate PM2.5

nonattainment area. These SIP revisions 

are the 2012 PM2.5 Plan, submitted 

March 4, 2013, the 2014 Supplement, 

submitted November 6, 2014, and the 


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