71674 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 2, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule and 

address the comment in the proposed 

rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 17, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

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. 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by: 

■ a. Revising the entry in Article 1, 

General Provisions for Rule 1, 

‘‘Provisions Applicable Throughout 

Title 326’’ in 1–1–3 ‘‘References to the 

Code of Federal Regulations’’; and 

■ b. Adding a new entry in numerical 

order in Article 1, General Provisions 

for Rule 2, ‘‘Definitions’’, ‘‘1–2–6.5’’ 

‘‘Board’’. The revised and added text 

reads as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject Indiana 

effective date EPA approval date Notes 

*******

Article 1. General Provisions 

Rule 1. Provisions Applicable Throughout Title 326 

*******

1–1–3 ................................ References to the Code of Federal Regulations ....... 8/31/2014 12/03/2014, [insert Federal Register citation].

* * * * * * * 

Rule 2. Definitions 

*******

1–2–6.5 ............................. Board .......................................................................... 8/31/2014 12/03/2014, [insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2014–28291 Filed 12–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[EPA–HQ–OAR–2009–0491; FRL–9919–91– 

OAR] 

Availability of Data on Allocations of 

Cross-State Air Pollution Rule 

Allowances to Existing Electricity 

Generating Units 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; notice of data 

availability (NODA). 

SUMMARY: Through this notice of data 

availability (NODA), the EPA is 

providing notice of allocations of 

emission allowances to certain units for 

compliance with the Cross-State Air 

Pollution Rule (CSAPR). Since its 

original promulgation, CSAPR has been 

amended in several subsequent 

rulemakings and its compliance 

deadlines have been tolled by three 

years pursuant to an order of the United 

States Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit or 

Court). These allowance allocations, 

which supersede the allocations 

announced in a 2011 NODA, reflect the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71675 

1See 40 CFR 97.411(a)(1), 97.511(a)(1), 

97.611(a)(1), and 97.711(a)(1). 

2See 40 CFR 97.411(c), 97.511(c), 97.611(c), and 

97.711(c). 

3See 40 CFR 52.38 and 52.39. 

4See 40 CFR 97.412, 97.512, 97.612, and 97.712. 

5See 76 FR 48208, 48288–90 (August 8, 2011). 

6See 40 CFR 97.411(a)(1), 97.511(a)(1), 

97.611(a)(1), and 97.711(a)(1). 

7 76 FR 42055 (July 18, 2011). 

8See 76 FR 48208 (August 8, 2011) (the original 

CSAPR final rule); 76 FR 80760 (December 27, 

2011) (the ‘‘Supplemental Rule’’); 77 FR 10324 

(February 21, 2012) (the ‘‘First Revisions Rule’’); 77 

FR 34830 (June 12, 2012) (the ‘‘Second Revisions 

Rule’’). 

9The consent decree tonnage limitations had 

already been considered for purposes of setting the 

CSAPR state budgets but had not previously been 

accounted for in setting unit-specific allowance 

allocations in states with EGUs affected by those 

limitations. See 77 FR at 10329–30. 

10Order, Document #1518738, EME Homer City 

Generation, L.P. v. EPA, No. 11–1302 (D.C. Cir. 

issued Oct. 23, 2014). 

11See 40 CFR 97.421, 97.521, 97.621, and 97.721. 

With respect to recordation of allowance allocations 

for the additional state budgets established in the 

Supplemental Rule, CSAPR as amended includes 

separate, specific recordation deadlines. See 76 FR 

80760 (December 27, 2011); 40 CFR 97.521(a) and 

(b). However, with respect to recordation of 

allocation changes resulting from the two Revisions 

Rules, see 77 FR 10324 (February 21, 2012); 77 FR 

34830 (June 12, 2012), or re-vintaging of previously 

recorded allowances to account for tolling of the 

rule’s compliance deadlines, CSAPR as amended 

does not include specific recordation deadlines. 

changes to CSAPR made in those 

subsequent rulemakings as well as ‘‘revintaging’’ of previously recorded 

allowances so as to account for the 

impact of tolling of the rule’s deadlines. 

The allocations apply only to units that 

commenced commercial operation 

before 2010 and only to the extent that 

states do not provide alternative 

allowance allocations following 

procedures set out in the rule. A 

spreadsheet containing both the 

allowance allocations and the data upon 

which the allocations are based has 

been posted on the EPA’s Web site. 

DATES: December 3, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this notice should 

be addressed to Michael Cohen, at (202) 

343–9497 or cohen.michael@epa.gov; or 

Robert Miller, at (202) 343–9077 or 

miller.robertl@epa.gov. The mailing 

address for each of these individuals is 

U.S. Environmental Protection Agency, 

Clean Air Markets Division, MC 6204M, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: 

I. Data for Which Notice Is Being 

Provided 

Through this NODA, the EPA is 

providing notice of the availability of 

unit-specific default allocations of 

CSAPR allowances for electricity 

generating units (EGUs) that 

commenced commercial operation 

before 2010. The data are contained in 

an Excel spreadsheet titled ‘‘Unit Level 

Allocations Under the CSAPR FIPs After 

Tolling’’ that has been posted on the 

EPA’s Web site at http://www.epa.gov/

crossstaterule/actions.html. The 

spreadsheet contains default allocations 

of allowances under each of the four 

CSAPR trading programs for individual 

EGUs for each compliance year from 

2015 through 2020. The spreadsheet 

also contains the data used to compute 

the allocations and describes how the 

computations are performed. The EPA is 

not requesting comment on the 

allocations, underlying data, or 

computation methodology. 

The EPA notes that an allocation or 

lack of allocation of emission 

allowances to a given EGU does not 

constitute a determination that CSAPR 

does or does not apply to the EGU.1 The 

EPA also notes that allocations are 

subject to potential correction under the 

rule.2

II. Description of the Allocations 

CSAPR includes several emissions 

trading programs that require affected 

EGUs to hold emission allowances 

sufficient to cover their emissions of 

nitrogen oxides (NOX) and/or sulfur 

dioxide (SO2) in each compliance 

period. For each trading program and 

compliance period, the rule establishes 

overall state ‘‘budgets’’ representing the 

maximum number of emission 

allowances that may be allocated to the 

group of affected EGUs in each covered 

state. Beginning with CSAPR’s second 

compliance year, each covered state 

generally has the option to determine 

how the allowances in its state budget 

for each program should be allocated 

among the state’s EGUs.3 However, for 

CSAPR’s first compliance year, and by 

default for subsequent compliance years 

in situations where a state has not 

provided the EPA with the state’s own 

allocations pursuant to an approved SIP 

revision, the allocations are made by the 

EPA. 

In the case of units commencing 

commercial operation on or after 

January 1, 2010, termed ‘‘new’’ units, 

the EPA’s default allocations for each 

compliance year are annually 

determined during the compliance year 

based on current and prior year 

emission data, using a methodology set 

out in the regulatory text.4 In the case 

of units that commenced commercial 

operations before January 1, 2010, 

termed ‘‘existing’’ units, the EPA 

determined default allocations for all 

compliance years during the initial 

rulemaking based on 2006–2010 heat 

input data and 2003–2010 emissions 

data, according to a methodology 

finalized in the rulemaking but not 

included in the regulatory text.5 The 

regulatory text calls for default 

allocations to the existing units to be 

provided in a NODA.6 In July 2011, the 

EPA issued a NODA reflecting the 

default allocations for existing units as 

determined in the original CSAPR 

rulemaking.7

In three rulemakings finalized after 

the original CSAPR rulemaking, the EPA 

created budgets for several states added 

to the rule’s ozone-season NOX trading 

program, increased some previously 

established state budgets, and changed 

the shares of some state budgets set 

aside for new units.8 In one of those 

rulemakings, the EPA also revised unitspecific allowance allocations in some 

states in order to account for emissions 

tonnage limitations established under 

certain consent decrees.9

As originally promulgated, 

compliance with CSAPR’s trading 

programs was scheduled to begin on 

January 1, 2012. However, on December 

30, 2011, the D.C. Circuit stayed the 

rule. On October 23, 2014, the Court 

granted the EPA’s motion to lift the stay 

and toll the rule’s compliance deadlines 

by three years, allowing the first 

compliance period to begin on January 

1, 2015.10

The allowance allocations described 

in this NODA reflect all the budget, setaside, and unit-specific allocation 

changes finalized in the rulemakings 

conducted after the original CSAPR 

rulemaking. The allocations also 

account for the impact of the tolling of 

the rule’s compliance deadlines by revintaging previously recorded 2012 and 

2013 allowances as 2015 and 2016 

allowances, respectively. 

III. Recordation of the Allocations 

CSAPR specifies deadlines for the 

EPA to record allowance allocations for 

each compliance year.11 In cases where 

those deadlines, as tolled by the Court’s 

order, have not yet passed, and where 

states have not submitted alternative 

allowance allocations pursuant to 

approved SIP revisions, the EPA will 

record the allocations described in this 

NODA by the applicable recordation 

deadlines. 

To meet recordation deadlines that 

occurred before CSAPR was stayed, the 

EPA has already recorded most 

allowances allocated for CSAPR’s first 

compliance year (originally 2012 and 

now 2015), and some allowances 

allocated for CSAPR’s second 


tkelley on DSK3SPTVN1PROD with RULES
71676 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

compliance year (originally 2013 and 

now 2016). In these cases, the EPA will 

re-vintage the previously recorded 2012 

and 2013 allowances into 2015 and 

2016 allowances, respectively, 

consistent with the Court’s order tolling 

CSAPR’s compliance deadlines. The 

EPA will then record adjustments as 

needed to bring the re-vintaged, 

previously recorded allocations up to 

the 2015 and 2016 allocations described 

in this NODA. Allowance tracking 

system accounts will be briefly frozen 

while the re-vintaging and adjustments 

are carried out. 

List of Subjects 

40 CFR Part 97 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Electric power 

plants, Nitrogen oxides, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

Dated: November 21, 2014. 

Reid P. Harvey, 

Director, Clean Air Markets Division. 

[FR Doc. 2014–28281 Filed 12–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0682; FRL–9918–41] 

Oxirane, Phenyl, Polymer With 

Oxirane, Monooctyl Ether; Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of oxirane, 

phenyl, polymer with oxirane, 

monooctyl ether; when used as an inert 

ingredient in a pesticide chemical 

formulation. Envonik Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of oxirane, phenyl, polymer 

with oxirane, monooctyl ether on food 

or feed commodities. 

DATES: This regulation is effective 

December 3, 2014. Objections and 

requests for hearings must be received 

on or before February 2, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0682, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division (RD) 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0682 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before February 2, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0682, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of October 15, 

2014 (79 FR 61844) (FRL–9917–24), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the receipt of a pesticide 

petition (PP IN–10751) filed by Envonik 

Corporation, P.O. Box 1299, Hopewell, 

VA 23860. The petition requested that 

40 CFR 180.960 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of oxirane, phenyl, polymer with 

oxirane, monooctyl ether; 83653–00–3. 

That document included a summary of 

the petition prepared by the petitioner 

and solicited comments on the 


tkelley on DSK3SPTVN1PROD with RULES