10342 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

1Throughout this preamble, EPA refers to a state 

budget for 2012 and 2013 as a ‘‘2012’’ state budget 

and refers to a state budget for 2014 and thereafter 

as a ‘‘2014’’ state budget. Therefore, any revision of 

a 2012 state budget would apply to the state budget 

for 2012 and 2013, and any revision of a 2014 state 

budget would apply to the state budget for 2014 and 

thereafter. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[EPA–HQ–OAR–2009–0491; FRL–9632–8] 

RIN 2060–AR35 

Revisions to Federal Implementation 

Plans To Reduce Interstate Transport 

of Fine Particulate Matter and Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on additional revisions to the 

final Transport Rule (Federal 

Implementation Plans: Interstate 

Transport of Fine Particulate Matter and 

Ozone and Correction of SIP Approvals 

published August 8, 2011). In the 

proposed Revisions to Federal 

Implementation Plans To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone, published October 

14, 2011, EPA sought additional 

comment on unit-level operational 

information similar to the information 

supporting the proposed revisions, 

which specifically addressed postcombustion pollution control 

equipment and immediate-term 

operational requirements necessitating 

non-economic generation based on 

verifiable data. Based on comments 

received, EPA is finalizing adjustments 

that result in revisions to 2012 and 2014 

state budgets in Arkansas, Georgia, 

Indiana, Kansas, Louisiana, Mississippi, 

Missouri, New York, Nebraska, Ohio, 

Oklahoma, South Carolina, and Texas, 

and revisions to new unit set-asides in 

Arkansas, Louisiana, and Missouri.1

DATES: This rule is effective on May 21, 

2012 without further notice, unless EPA 

receives significant adverse comments 

by March 22, 2012. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0491, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Mail: Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460. 

• Hand Delivery: Air and Radiation 

Docket, EPA West Building, Room 3334, 

1301 Constitution Avenue NW., 

Washington, DC 20460. 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–OAR–2009– 

0491. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means 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 EPA without going through 

www.regulations.gov your email address 

will be 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, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20460. 

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 Air and 

Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Gabrielle Stevens, U.S. Environmental 

Protection Agency, Clean Air Markets 

Division, MC 6204J, Ariel Rios Building, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, telephone (202) 

343–9252, email at 

stevens.gabrielle@epa.gov. Electronic 

copies of this document can be accessed 

through the EPA Web site at: http:// 

epa.gov/airmarkets. 

SUPPLEMENTARY INFORMATION: EPA is 

publishing this rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. However, 

elsewhere in this issue of the Federal 

Register, we are publishing a separate 

document that will serve as the 

proposed rule if significant adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

Regulated Entities. Entities regulated 

by this action primarily are fossil fuelfired boilers, turbines, and combined 

cycle units that serve generators that 

produce electricity for sale or cogenerate 

electricity for sale and steam. Regulated 

categories and entities include: 


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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 10343 

2 In the proposed revisions rule, EPA 

characterized an out-of-merit-order dispatch area as 

one in which ‘‘units * * * are frequently 

dispatched out of regional economic order as a 

result of short-run limitations on the ability to meet 

local electricity demand with generation from 

outside the area.’’ (76 FR 63865) 

Category NAICS Code Examples of potentially regulated 

industries 

Industry .............................................................................................................................. 2211, 2212, 2213 Electric service providers. 

This table is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities which EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in this table could also be 

regulated. To determine whether your 

facility, company, business, 

organization, etc., is regulated by this 

action, you should carefully examine 

the applicability criteria in §§ 97.404, 

97.504, and 97.604 of title 40 of the 

Code of Federal Regulations. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

I. Detailed Discussion of Corresponding 

Rule Revisions 

EPA has determined that the 

following additional corrections are 

needed to the August 8, 2011 final 

Transport Rule, as a result of comments 

received on the proposed rule, 

Revisions to Federal Implementation 

Plans to Reduce Interstate Transport of 

Fine Particulate Matter and Ozone (76 

FR 63860, October 14, 2011) (Revisions 

Rule). In that proposed rule, EPA took 

comment on several similar corrections 

and demonstrated a consistent 

methodology for calculating those 

corrections. EPA received no comments 

opposing the proposal to make these 

corrections to state budgets and new 

unit set-asides, and EPA received very 

few comments addressing the manner in 

which the corrections were quantified, 

to which EPA responded in the final 

revisions rule. EPA has calculated the 

corrections in this rulemaking in a fully 

consistent manner with the approach 

developed through public comment on 

the proposed and finalized revisions 

rule. See the ‘‘Final Revisions Rule State 

Budgets and New Unit Set-Asides’’ 

Technical Support Document (TSD) in 

the docket for this rulemaking for a 

quantitative demonstration of these 

revisions. For quantitative assessments 

of the relationship between final 

revisions to the Transport Rule and the 

original analysis, also see ‘‘Final 

Revisions Rule Significant Contribution 

Assessment’’ TSD in the docket for this 

rulemaking. The ‘‘Final Revisions Rule 

Unit-Level Allocations under the FIPs,’’ 

also in the docket for this rulemaking, 

present unit-level allocations under the 

FIPs. 

(1) Revise the Arkansas ozone season 

NOX budgets for 2012 and 2014 and 

correct the ozone season new unit setaside budget for an omitted planned 

facility. 

EPA is increasing the Arkansas 2012 

and 2014 ozone-season NOX budget 

based upon comments received that 

demonstrate that the McClellan plant is 

in an out-of-merit-order dispatch area 

with conditions likely to necessitate 

what would otherwise be non-economic 

generation.2

EPA re-calculated the emissions from 

the McClellan plant with non-economic 

generation to account for the input 

assumption changes. These calculations 

yield increases to the Arkansas 2012 

and 2014 state budgets for ozone-season 

NOX of 73 tons. Comments on the 

revisions rule identified Turk Unit 1 as 

commencing commercial operation on 

or after January 1, 2010, qualifying it as 

a new unit under the final Transport 

Rule’s unit-level allocation methodology 

(76 FR 48290); however, the final 

Transport Rule erroneously omitted this 

unit’s projected emissions from the 

calculation of Arkansas’ ozone-season 

NOX new unit set-aside. EPA is 

therefore revising the portion of the 

Arkansas ozone-season budget 

dedicated to the state’s new unit setaside account so that it takes into 

account this unit’s projected emissions, 

consistent with the new unit set-aside 

methodology in the final Transport 

Rule. EPA is only applying this revision 

for 2014 and beyond, because the 

Agency has already recorded (i.e., 

distributed) allowances under the 

Arkansas state budget for the 2012 and 

2013 control periods. Turk Unit 1 

remains eligible to request allowance 

allocation from the new unit set-asides 

for any control period under the 

program. This revision yields an ozoneseason NOX new unit set-aside of 8 

percent for 2014 and beyond for 

Arkansas. This revision to the Arkansas 

new unit set-aside necessitates changes 

to allowance allocations to existing 

units in 2014 and beyond. 

(2) Revise the Georgia SO2, annual 

NOX, and ozone season NOX budgets for 

2014. 

In the final Transport Rule, EPA 

explained its intent to capture 

‘‘reductions that occur due to state 

rules, consent decrees, and other 

planned changes in generation patterns 

that occur after 2012, but during or prior 

to 2014’’ in the 2014 state budgets (76 

FR 48261). Commenters on the revisions 

rule noted that EPA inadvertently 

included pollution control installation 

requirements from a Georgia state rule 

whose deadlines at certain units 

actually extend beyond 2014. To correct 

the alignment of the Georgia 2014 state 

budgets with the requirements for 

affected units in Georgia to install 

controls by the state rule’s deadlines, 

EPA is increasing Georgia’s 2014 state 

budgets by 40,334 tons of SO2, 13,198 

tons of annual NOX, and 5,762 tons of 

ozone-season NOX. 

(3) Revise the Indiana SO2 budgets for 

2012 and 2014. 

EPA is revising the Indiana 2012 and 

2014 annual SO2 budgets based on 

comments received on the proposed 

revisions rule (76 FR 63860, October 14, 

2011) regarding post-combustion control 

status at Gallagher Units 2 and 4. 

Commenters identified an erroneous 

assumption of flue gas desulphurization 

(FGD, or scrubber) with 86 percent 

removal at units that have actually 

installed dry sorbent injection (DSI) 

technology with a 60 percent removal 

rate and an emission rate limit of 0.8 

lbs/mmBtu established in a NSR 

settlement agreement. EPA has 

recalculated the projected emissions at 

these units, and that recalculation 

supports a 3,465 ton increase in the 

state’s annual SO2 budget. 

Commenters on the revisions rule also 

identified a facility in Indiana, Gibson 

Unit 5, which currently faces 

immediate-term limitations regarding 

the amount of flue gas that can be 

treated in its existing FGD. In the final 

Transport Rule analysis, EPA relied on 

the SO2 removal efficiency that this 

facility reported at its scrubber to the 

Energy Information Administration 

(EIA). However, EPA has since 

determined that this reported value only 

intended to address the removal 

efficiency for the portion of the flue gas 

treated in the scrubber. EPA has 

recalculated the projected emissions for 

this unit using the most recent data 

reported by this facility to EIA on form 


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10344 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

860 for 2009, which includes the 

scrubber’s removal efficiency and the 

portion of flue gas treated. This 

recalculation supports an increase to 

Indiana’s 2012 and 2014 SO2 budget of 

an additional 1,873 tons (5,338 tons 

total). 

(4) Revise the Kansas SO2 and annual 

NOX budgets for 2012 and 2014. 

Commenters on the revisions rule 

provided information showing that one 

unit at the Quindaro plant in Kansas is 

in an out-of-merit-order dispatch area 

with conditions likely to necessitate 

what would otherwise be non-economic 

generation. EPA re-calculated the 

emissions from this plant with noneconomic generation to account for the 

input assumption changes. These 

calculations yield increases to the 

Kansas 2012 and 2014 state budgets for 

annual SO2 of 452 tons and annual NOX

of 640 tons. 

In the final Transport Rule, EPA 

explained its intent to capture 

‘‘reductions that occur due to state 

rules, consent decrees, and other 

planned changes in generation patterns 

that occur after 2012, but during or prior 

to 2014’’ in the 2014 state budgets (76 

FR 48261). Commenters on the revisions 

rule noted that EPA inadvertently 

included an emission rate requirement 

from a consent decree affecting a Kansas 

facility whose deadline actually extends 

beyond 2014. To correct the alignment 

of the Kansas 2014 state budget with the 

requirements for affected units in 

Kansas to meet the emission rate 

limitation by the consent decree’s 

deadlines, EPA is increasing the Kansas 

2014 annual NOX budget by an 

additional 5,154 tons (5,794 tons total). 

(5) Revise the Louisiana ozone season 

NOX budgets for 2012 and 2014 and 

adjust the ozone season new unit setaside. 

EPA is increasing the Louisiana 2012 

and 2014 ozone-season NOX budgets 

based on comments received on the 

revisions rule demonstrating that the 

Stall and Lieberman plants are in an 

out-of-merit-order dispatch area with 

conditions likely to necessitate what 

would otherwise be non-economic 

generation. EPA re-calculated the 

emissions from the Stall and Lieberman 

plants with non-economic generation to 

account for the input assumption 

changes. These calculations yield 

increases to Louisiana’s 2012 and 2014 

state budgets for ozone-season NOX of 

89 tons. 

Comments on the revisions rule also 

noted that in calculating the Louisiana 

ozone-season NOX new unit set-aside, 

EPA included projected emissions from 

a planned new facility, Washington 

Parish, which will not in fact come into 

service in Louisiana. EPA is therefore 

reducing the size of Louisiana’s ozoneseason NOX new unit set-aside in 2012 

and 2014 to 2 percent (from the 

previous 3 percent) to account for the 

exclusion of these projected emissions 

from the relevant calculation. This 

revision means that fewer allowances 

will need to be held in reserve for the 

new unit set-aside; after this revision’s 

effective date, EPA will reallocate any 

allowances in excess of the revised new 

unit set-aside to existing units in the 

state by the same existing unit 

allowance allocation methodology as 

previously finalized. 

(6) Revise the Mississippi ozone 

season NOX budgets for 2012 and 2014. 

EPA is increasing the Mississippi 

2012 and 2014 ozone-season NOX

budgets based on comments received on 

the revisions rule demonstrating that the 

Moselle plant is in an out-of-merit-order 

dispatch area with conditions likely to 

necessitate what would otherwise be 

non-economic generation. 

EPA re-calculated the emissions from 

the Moselle plant with non-economic 

generation to account for the input 

assumption changes. These calculations 

yield increases to Mississippi’s 2012 

and 2014 state budgets for ozone-season 

NOX of 115 tons. 

(7) Revise the Missouri annual and 

ozone season NOX budgets for 2012 and 

2014 and correct the SO2, annual NOX, 

and ozone season NOX new unit setaside budgets for an omitted operating 

new facility. 

EPA is increasing the Missouri 2012 

and 2014 annual and ozone-season NOX

budgets to account for operational 

constraints at six plants based upon 

comments received on the revisions 

rule. The commenters provided 

information showing that these units 

were in out-of-merit-order dispatch 

areas with conditions likely to 

necessitate what would otherwise be 

non-economic generation. 

EPA re-calculated the emissions from 

these six plants with non-economic 

generation to account for the input 

assumption changes. These calculations 

yield increases to Missouri’s 2012 and 

2014 state budgets for annual NOX of 26 

tons and ozone-season NOX of 26 tons. 

Comments on the revisions rule 

identified Iatan Unit 2 as commencing 

commercial operation on or after 

January 1, 2010, qualifying it as a new 

unit under the final Transport Rule’s 

unit-level allocation methodology (76 

FR 48290); however, the final Transport 

Rule erroneously omitted this unit’s 

projected emissions from the calculation 

of Missouri’s new unit set-asides. EPA 

is therefore revising the portion of 

Missouri’s SO2, annual NOX, and ozoneseason NOX budgets dedicated to the 

state’s new unit set-asides so that they 

take into account this unit’s projected 

emissions, consistent with the new unit 

set-aside methodology in the final 

Transport Rule. EPA is only applying 

this revision for 2013 and beyond, 

because the Agency has already 

recorded (i.e., distributed) allowances 

under the Missouri state budget for the 

2012 control period. Iatan Unit 2 

remains eligible to request allowance 

allocation from the new unit set-asides 

for any control period under the 

program. This revision yields an ozoneseason NOX new unit set-aside of 6 

percent, an annual NOX new unit setaside of 6 percent, and an SO2 new unit 

set-aside of 3 percent for 2013 and 

beyond for Missouri. This revision to 

Missouri’s new unit set-aside 

necessitates changes to allowance 

allocations to existing units in 2013 and 

beyond. 

(8) Revise the Ohio SO2, annual NOX, 

and ozone season NOX budgets for 2012 

and 2014. 

EPA is increasing Ohio’s 2012 and 

2014 annual SO2, annual NOX, and 

ozone-season NOX budgets to account 

for operational constraints at two plants, 

Conesville and Muskingum River, based 

on comments received on the revisions 

rule. The commenter provided 

information showing that these plants 

were in out-of-merit-order dispatch 

areas with conditions likely to 

necessitate what would otherwise be 

non-economic generation. 

EPA re-calculated the emissions from 

these two plants with non-economic 

generation to reflect the input 

assumption changes. These calculations 

yield increases to Ohio’s 2012 and 2014 

state budgets for annual SO2 of 5,163 

tons, annual NOX of 547 tons, and 

ozone-season NOX of 257 tons. 

EPA is finalizing additional 

adjustments to Ohio’s 2012 and 2014 

annual and ozone-season NOX budgets 

to correct an erroneous assumption of 

an SCR at Bayshore 4. There is no SCR 

planned or under construction at this 

facility. This results in an additional 

2,218 ton increase (2,765 ton total) in 

the state’s annual NOX budget and a 964 

ton increase (1,221 ton total) for the 

ozone-season NOX budget. 

(9) Revise the Nebraska SO2 budgets 

for 2012 and 2014. 

EPA is finalizing revisions to the 

Nebraska 2012 and 2014 SO2 budgets, 

based on comments on the revisions 

rule, to correct assumptions regarding 

FGD pollution control technology at 

Whelan Energy Center Units 1 and 2 

and Nebraska City Unit 2. The 

commenter noted that the technology at 

Nebraska Unit 2 and Whelan Unit 2 is 


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3These changes do not apply to the Oklahoma 

2012 budget because similar changes were already 

made to the affected units’ operation in 2012, as 

described in the Technical Support Document 

‘‘Determination of State Budgets for the Final Ozone 

Supplemental of the Transport Rule’’ (EPA–HQ– 

OAR–2009–0491–485, pg. 5–7). 

dry FGD technology, whereas EPA had 

assumed wet FGD technology with a 

higher SO2 removal efficiency than the 

actual dry FGD technology that those 

units achieve. Additionally, EPA is also 

revising its assumption of FGD 

technology at Whelan Energy Center 

Unit 1. There is no FGD present, 

planned, or under construction at the 

unit. These adjustments result in an 

increase of 3,110 tons to the 2012 and 

2014 annual SO2 budgets for the state. 

(10) Revise the New York SO2, annual 

NOX, and ozone season NOX budgets for 

2012 and 2014. 

EPA is increasing New York’s 2012 

and 2014 annual SO2, annual NOX, and 

ozone-season NOX budgets based on 

comments received on the revisions rule 

demonstrating that the East River plant 

is in an out-of-merit-order dispatch area 

with conditions likely to necessitate 

what would otherwise be non-economic 

generation. EPA re-calculated the 

emissions from this facility with out-ofmerit-order dispatch to reflect the input 

assumption changes. These calculations 

yield increases to New York’s 2012 and 

2014 state budgets for annual SO2 of 84 

tons, annual NOX of 694 tons, and 

ozone-season NOX of 127 tons. 

EPA is also finalizing an adjustment 

of 5,360 tons to New York’s 2012 and 

2014 SO2 budgets based on comments 

received on the revisions rule. 

Commenters identified two facilities, 

Dunkirk and Huntley, with existing dry 

sorbent injection (DSI) technology for 

which EPA had assumed an SO2

removal rate of 70 percent but which 

actually achieves a removal rate of only 

53 percent. EPA recalculated the 

projected emissions for these units 

based on this revised assumption and is 

increasing the New York 2012 and 2014 

SO2 budgets accordingly. 

(11) Revise the Oklahoma ozoneseason NOX budgets for 2013 and 2014. 

EPA is increasing the Oklahoma 

2013 3 and 2014 ozone-season NOX

budget based upon comments received 

on the revisions rule demonstrating that 

the Comanche plant is in an out-ofmerit-order dispatch area with 

conditions likely to necessitate what 

would otherwise be non-economic 

generation. 

EPA re-calculated the emissions from 

the Comanche plant with non-economic 

generation to account for the input 

assumption changes. These calculations 

yield increases to the Oklahoma 2013 

and 2014 state budgets for ozone-season 

NOX of 859 tons. 

(12) Revise the South Carolina SO2

budgets for 2012 and 2014. 

EPA is finalizing an 8,013 ton 

increase to South Carolina’s 2012 and 

2014 annual SO2 budgets based on 

comments received on the revision rule 

regarding post-combustion control 

technology at three units. This action 

revises the assumption of an FGD at the 

W S Lee Facility. There are no FGDs 

planned, under construction, or 

expected to be online in 2012 or 2014 

at this facility. 

(13) Revise the Texas annual NOX and 

ozone season NOX budgets for 2012 and 

2014. 

EPA is increasing the Texas 2012 and 

2014 annual and ozone-season NOX

budgets to account for operational 

constraints at six plants based on 

comments received on the revisions 

rule: Jones, Moore County, Nichols, 

Plant X, Knox Lee, and Wilkes. The 

commenters provided information 

showing that these plants were in outof-merit-order dispatch areas with 

conditions likely to necessitate what 

would otherwise be non-economic 

generation. 

EPA re-calculated the emissions from 

these plants with non-economic 

generation to account for the input 

assumption changes. These calculations 

yield increases to the Texas 2012 and 

2014 state budgets for annual NOX of 

2,731 tons, and ozone-season NOX of 

1,142 tons. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is a 

‘‘significant regulatory action.’’ 

Accordingly, EPA submitted this action 

to the Office of Management and Budget 

(OMB) for review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011) and any changes made 

in response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action makes relatively minor revisions 

to the emission budgets and allowance 

allocations or allowance allocations 

only in certain states in the final 

Transport Rule and corrects minor 

technical errors which are ministerial. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the final Transport Rule 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0667. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this action on small entities, 

I certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The small entities directly regulated by 

this action are electric power generators 

whose ultimate parent entity has a total 

electric output of 4 million megawatthours (MWh) or less in the previous 

fiscal year. We have determined that the 

changes considered in this proposed 

rulemaking pose no additional burden 

for small entities. The proposed revision 

to the new unit set-asides in Arkansas, 

Missouri, and Texas would yield an 

extremely small change in unit-level 

allowance allocations to existing units, 

including small entities, such that it 

would not affect the analysis conducted 

on small entity impacts under the 

finalized Transport Rule. In all other 

states, the revisions proposed in this 

rulemaking would yield additional 

allowance allocations to all units, 

including small entities, without 

increasing program stringency, such that 

it is not possible for the impact to small 

entities to be any larger than that 

already considered and reviewed in the 

finalized Transport Rule. 


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D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

This action is increasing the budgets 

and increasing the total number of 

allowances or maintaining the same 

budget but revising unit-level 

allocations in several other states in the 

Transport Rule. Thus, this rule is not 

subject to the requirements of sections 

202 or 205 of UMRA. 

In developing the final Transport 

Rule, EPA consulted with small 

governments pursuant to a plan 

established under section 203 of UMRA 

to address impacts of regulatory 

requirements in the rule that might 

significantly or uniquely affect small 

governments. 

E. Executive Order 13132: Federalism 

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, as specified in 

Executive Order 13132. This action 

makes relatively minor revisions to the 

emissions budgets and allowance 

allocations or allowance allocations 

only in certain states in the final 

Transport Rule. Thus, Executive Order 

13132 does not apply to this rule. EPA 

did provide information to state and 

local officials during development of 

both the proposed and final Transport 

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 (65 FR 67249, November 9, 

2000). This action makes relatively 

minor revisions to the emissions 

budgets and allowance allocations in 

several states in the final Transport Rule 

and helps ease the transition from CAIR. 

Indian country new unit set-asides will 

increase slightly or remain unchanged 

in the states affected by this action. 

Thus, Executive Order 13175 does not 

apply to this action. EPA consulted with 

tribal officials during the process of 

promulgating the final Transport Rule to 

permit them to have meaningful and 

timely input into its development. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to EO 13045 

(62 FR 19885, April 23, 1997) because 

it is not economically significant as 

defined in EO 12866, and because the 

Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

Analyses by EPA that show how the 

emission reductions from the strategies 

in the final Transport Rule will further 

improve air quality and children’s 

health can be found in the final 

Transport Rule RIA. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

EPA believes that there is no meaningful 

impact to the energy supply beyond that 

which is reported for the Transport Rule 

program in the final Transport Rule. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

As described in section XII.I of the 

preamble to the final Transport Rule, 

the Transport Rule program requires all 

sources to meet the applicable 

monitoring requirements of 40 CFR part 

75. Part 75 already incorporates a 

number of voluntary consensus 

standards. This action does not involve 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

In the Final Revisions Rule 

Significant Contribution Assessment 

Technical Support Document in the 

docket to this rulemaking, EPA assessed 

impacts of the emission changes in this 

rule on air quality throughout the 

Transport Rule region. For SO2, the 

estimated air quality impacts were 

minimal and no additional 

nonattainment or maintenance areas 

were identified. EPA also assessed the 

relationship between the NOX emission 

inventories in each affected state and 

the finalized revisions to annual and 

ozone-season NOX budgets and found 

the revisions represent small 

percentages of each state’s total 

emissions in 2014. As a result, EPA does 

not believe these technical revisions 

would affect any of the conclusions 

supported by the air quality and 

environmental justice analyses 

conducted for the final Transport Rule. 

Based on the significant contribution 

assessment in the technical support 

document for this action, EPA has 

determined that this action will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. EPA 

believes that the vast majority of 

communities and individuals in areas 

covered by the Transport Rule program 

inclusive of this action, including 

numerous low-income, minority, and 

tribal individuals and communities in 

both rural areas and inner cities in the 

eastern and central U.S., will see 

significant improvements in air quality 

and resulting improvements in health. 

EPA’s assessment of the effects of the 

final Transport Rule program on these 

communities is available in section XII.J 

of the preamble to the final Transport 

Rule. 


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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 10347 

K. Congressional Review Act 

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 rule 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 a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This rule will be 

effective April 23, 2012. 

L. Judicial Review 

Petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the District of 

Columbia Circuit by April 23, 2012. 

Section 307(b)(1) of the CAA indicates 

which Federal Courts of Appeal have 

venue for petitions of review of final 

actions by EPA. This section provides, 

in part, that petitions for review must be 

filed in the Court of Appeals for the 

District of Columbia Circuit if (i) the 

agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final action taken, by the 

Administrator,’’ or (ii) such action is 

locally or regionally applicable, if ‘‘such 

action is based on a determination of 

nationwide scope or effect and if in 

taking such action the Administrator 

finds and publishes that such action is 

based on such a determination.’’ 

In the final Transport Rule, EPA 

determined that ‘‘[a]ny final action 

related to the Transport Rule is 

‘nationally applicable’ within the 

meaning of section 307(b)(1).’’ 76 FR 

48,352. Through this rule, EPA is 

revising specific aspects of the final 

Transport Rule. This rule therefore is a 

final action related to the Transport 

Rule and as such is covered by the 

determination of national applicability 

made in the final Transport Rule. Thus, 

pursuant to section 307(b) any petitions 

for review of this action must be filed 

in the Court of Appeals for the District 

of Columbia Circuit within 60 days from 

the date final action is published in the 

Federal Register. Filing a petition for 

reconsideration of this action does not 

affect the finality of this rule 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. In addition, 

pursuant to CAA section 307(b)(2) this 

action may not be challenged later in 

proceedings to enforce its requirements. 

List of Subjects in 40 CFR Part 97 

Administrative practice and 

procedure, Air pollution control, 

Electric utilities, Nitrogen oxides, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: February 7, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, part 97 of chapter I of title 40 

of the Code of Federal Regulations, as 

amended elsewhere in this issue, is 

further amended as follows: 

PART 97—FEDERAL NOX BUDGET 

TRADING PROGRAM AND CAIR NOX

AND SO2 TRADING PROGRAMS 

■ 1. 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. 

■ 2. Section 97.410 is amended by: 

■ a. Revising paragraphs (a)(2)(iv) and 

(v); 

■ b. Revising paragraph (a)(6), (11), (14), 

(16), and (20); and 

■ c. Revising paragraphs (b)(2), (6), (11), 

(14), (16) and (20) to read as follows: 

§ 97.410 State NOX Annual trading 

budgets, new unit set-asides, Indian 

country new unit set-aside, and variability 

limits. 

(a) * * * 

(2) * * * 

(iv) The NOX annual trading budget 

for 2014 and thereafter is 53,738 tons. 

(v) The NOX annual new unit setaside for 2014 and thereafter is 1,075 

tons. 

(vi) * * * 

* * * * * 

(6) Kansas. (i) The NOX annual 

trading budget for 2012 and 2013 is 

31,354 tons. 

(ii) The NOX annual new unit setaside for 2012 and 2013 is 596 tons. 

(iii) The NOX annual Indian country 

new unit set-aside for 2012 and 2013 is 

31 tons. 

(iv) The NOX annual trading budget 

for 2014 and thereafter is 31,354 tons. 

(v) The NOX annual new unit setaside for 2014 and thereafter is 596 tons. 

(vi) The NOX annual Indian country 

new unit set-aside for 2014 and 

thereafter is 31 tons. 

* * * * * 

(11) Missouri. (i) The NOX annual 

trading budget for 2012 and 2013 is 

52,400 tons. 

(ii) The NOX annual new unit setaside for 2012 is 1,572 tons and for 2013 

is 3,144 tons. 

(iii) [Reserved] 

(iv) The NOX annual trading budget 

for 2014 and thereafter is 48,743 tons. 

(v) The NOX annual new unit setaside for 2014 and thereafter is 2,925 

tons. 

(vi) [Reserved] 

* * * * * 

(14) New York. (i) The NOX annual 

trading budget for 2012 and 2013 is 

21,722 tons. 

(ii) The NOX annual new unit setaside for 2012 and 2013 is 412 tons. 

(iii) The NOX annual Indian country 

new unit set-aside for 2012 and 2013 is 

22 tons. 

(iv) The NOX annual trading budget 

for 2014 and thereafter is 21,722 tons. 

(v) The NOX annual new unit setaside for 2014 and thereafter is 412 tons. 

(vi) The NOX annual Indian country 

new unit set-aside for 2014 and 

thereafter is 22 tons. 

* * * * * 

(16) Ohio. (i) The NOX annual trading 

budget for 2012 and 2013 is 95,468 tons. 

(ii) The NOX annual new unit setaside for 2012 and 2013 is 1,909 tons. 

(iii) [Reserved] 

(iv) The NOX annual trading budget 

for 2014 and thereafter is 90,258 tons. 

(v) The NOX annual new unit setaside for 2014 and thereafter is 1,805 

tons. 

(vi) [Reserved] 

* * * * * 

(20) Texas. (i) The NOX annual 

trading budget for 2012 and 2013 is 

137,701 tons. 

(ii) The NOX annual new unit setaside for 2012 and 2013 is 5,370 tons. 

(iii) The NOX annual Indian country 

new unit set-aside for 2012 and 2013 is 

138 tons. 

(iv) The NOX annual trading budget 

for 2014 and thereafter is 137,701 tons. 

(v) The NOX annual new unit setaside for 2014 and thereafter is 5,370 

tons. 

(vi) The NOX annual Indian country 

new unit set-aside for 2014 and 

thereafter is 138 tons. 

* * * * * 

(b) * * * 

(2) The NOX annual variability limit 

for Georgia is 9,673 tons. 

* * * * * 

(6) The NOX annual variability limit 

for Kansas is 5,644 tons. 

* * * * * 

(11) The NOX annual variability limit 

for Missouri is 8,774 tons. 

* * * * * 

(14) The NOX annual variability limit 

for New York is 3,910 tons. 

* * * * * 


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10348 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

(16) The NOX annual variability limit 

for Ohio is 16,246 tons. 

* * * * * 

(20) The NOX annual variability limit 

for Texas is 24,786 tons. 

* * * * * 

■ 2. Section 97.510 is amended by: 

■ a. Revising paragraph (a)(2); 

■ b. Revising paragraphs (a)(4)(iv) and 

(v); 

■ c. Revising paragraphs (a)(9), (12), 

(13), (15), (17), (18), and (22); and 

■ d. Revising paragraphs (b)(2), (4), (9), 

(12), (13), (15), (17), (18), and (22) to 

read as follows: 

§ 97.510 State NOX Ozone Season trading 

budgets, new unit set-asides, Indian 

country new unit set-aside, and variability 

limits. 

(a) * * * 

(2) Arkansas. (i) The NOX ozone 

season trading budget for 2012 and 2013 

is 15,110 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 and 2013 is 756 tons. 

(iii) [Reserved] 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 15,110 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 1,209 

tons. 

(vi) [Reserved] 

* * * * * 

(4) * * * 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 24,041 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 481 

tons. 

(vi) * * * 

* * * * * 

(9) Louisiana. (i) The NOX ozone 

season trading budget for 2012 and 2013 

is 18,115 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 and 2013 is 344 tons. 

(iii) The NOX ozone season Indian 

country new unit set-aside for 2012 and 

2013 is 18 tons. 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 18,115 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 344 

tons. 

(vi) The NOX ozone season Indian 

country new unit set-aside for 2014 and 

thereafter is 18 tons. 

* * * * * 

(12) Mississippi. (i) The NOX ozone 

season trading budget for 2012 and 2013 

is 12,429 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 and 2013 is 237 tons. 

(iii) The NOX ozone season Indian 

country new unit set-aside for 2012 and 

2013 is 12 tons. 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 12,429 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 237 

tons. 

(vi) The NOX ozone season Indian 

country new unit set-aside for 2014 and 

thereafter is 12 tons. 

(13) Missouri. (i) The NOX ozone 

season trading budget for 2012 and 2013 

is 22,788 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 is 684 tons and for 

2013 is 1,367 tons. 

(iii) [Reserved] 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 21,099 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 1,266 

tons. 

(vi) [Reserved] 

* * * * * 

(15) New York. (i) The NOX ozone 

season trading budget for 2012 and 2013 

is 10,369 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 and 2013 is 197 tons. 

(iii) The NOX ozone season Indian 

country new unit set-aside for 2012 and 

2013 is 10 tons. 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 10,369 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 197 

tons. 

(vi) The NOX ozone season Indian 

country new unit set-aside for 2014 and 

thereafter is 10 tons. 

* * * * * 

(17) Ohio. (i) The NOX ozone season 

trading budget for 2012 and 2013 is 

41,284 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 and 2013 is 826 tons. 

(iii) [Reserved] 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 39,013 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 780 

tons. 

(vi) [Reserved] 

(18) Oklahoma. (i) The NOX ozone 

season trading budget for 2012 is 36,567 

tons and for 2013 is 22,694 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 is 731 tons and for 

2013 is 454 tons. 

(iii) [Reserved] 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 22,694 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 454 

tons. 

(vi) [Reserved] 

* * * * * 

(22) Texas. (i) The NOX ozone season 

trading budget for 2012 and 2013 is 

65,560 tons. 

(ii) The NOX ozone season new unit 

set-aside for 2012 and 2013 is 2,556 

tons. 

(iii) The NOX ozone season Indian 

country new unit set-aside for 2012 and 

2013 is 66 tons. 

(iv) The NOX ozone season trading 

budget for 2014 and thereafter is 65,560 

tons. 

(v) The NOX ozone season new unit 

set-aside for 2014 and thereafter is 2,556 

tons. 

(vi) The NOX ozone season Indian 

country new unit set-aside for 2014 and 

thereafter is 66 tons. 

* * * * * 

(b) * * * 

(2) The NOX ozone season variability 

limit for Arkansas is 3,173 tons. 

* * * * * 

(4) The NOX ozone season variability 

limit for Georgia is 5,049 tons. 

* * * * * 

(9) The NOX ozone season variability 

limit for Louisiana is 3,804 tons. 

* * * * * 

(12) The NOX ozone season variability 

limit for Mississippi is 2,610 tons. 

(13) The NOX ozone season variability 

limit for Missouri is 4,431 tons. 

* * * * * 

(15) The NOX ozone season variability 

limit for New York is 2,177 tons. 

* * * * * 

(17) The NOX ozone season variability 

limit for Ohio is 8,193 tons. 

(18) The NOX ozone season variability 

limit for Oklahoma is 4,766 tons. 

* * * * * 

(22) The NOX ozone season variability 

limit for Texas is 13,768 tons. 

* * * * * 

■ 3. Section 97.610 is amended by 

revising: 

■ a. Paragraph (a)(2); 

■ b. Paragraphs (a)(7)(ii) and (v); 

■ c. Paragraphs (a)(9) and (11); and 

■ d. Paragraphs (b)(2), (9), and (11) to 

read as follows: 

§ 97.610 State SO2 Group 1 trading 

budgets, new unit set-asides, Indian 

country new unit set-aside, and variability 

limits. 

(a) * * * 

(2) Indiana. (i) The SO2 trading budget 

for 2012 and 2013 is 290,762 tons. 

(ii) The SO2 new unit set-aside for 

2012 and 2013 is 8,723 tons. 

(iii) [Reserved] 

(iv) The SO2 trading budget for 2014 

and thereafter is 166,449 tons. 


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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 10349 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 4,993 tons. 

(vi) [Reserved] 

* * * * * 

(7) * * * 

(ii) The SO2 new unit set-aside for 

2012 is 4,149 tons and for 2013 is 6,224 

tons. 

* * * * * 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 4,978 tons. 

(vi) * * * 

* * * * * 

(9) New York. (i) The SO2 trading 

budget for 2012 and 2013 is 36,296 tons. 

(ii) The SO2 new unit set-aside for 

2012 and 2013 is 690 tons. 

(iii) The SO2 Indian country new unit 

set-aside for 2012 and 2013 is 36 tons. 

(iv) The SO2 trading budget for 2014 

and thereafter is 27,556 tons. 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 523 tons. 

(vi) The SO2 Indian country new unit 

set-aside for 2014 and thereafter is 28 

tons. 

* * * * * 

(11) Ohio. (i) The SO2 trading budget 

for 2012 and 2013 is 315,393 tons. 

(ii) The SO2 new unit set-aside for 

2012 and 2013 is 6,308 tons. 

(iii) [Reserved] 

(iv) The SO2 trading budget for 2014 

and thereafter is 142,240 tons. 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 2,845 tons. 

(vi) [Reserved] 

* * * * * 

(b) * * * 

(2) The SO2 variability limit for 

Indiana is 29,961 tons. 

* * * * * 

(9) The SO2 variability limit for New 

York is 4,960 tons. 

* * * * * 

(11) The SO2 variability limit for Ohio 

is 25,603 tons. 

* * * * * 

■ 4. Section 97.710 is amended by: 

■ a. Revising paragraphs (a)(2)(iv) and 

(v); 

■ b. Revising paragraphs (a)(3), (5), and 

(6); and 

■ c. Revising paragraphs (b)(2), (3), (5), 

and (6) to read as follows: 

§ 97.710 State SO2 Group 2 trading 

budgets, new unit set-asides, Indian 

country new unit set-aside, and variability 

limits. 

(a) * * * 

(2) * * * 

(iv) The SO2 trading budget for 2014 

and thereafter is 135,565 tons. 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 2,711 tons. 

(vi) * * * 

(3) Kansas. (i) The SO2 trading budget 

for 2012 and 2013 is 41,980 tons. 

(ii) The SO2 new unit set-aside for 

2012 and 2013 is 798 tons. 

(iii) The SO2 Indian country new unit 

set-aside for 2012 and 2013 is 42 tons. 

(iv) The SO2 trading budget for 2014 

and thereafter is 41,980 tons. 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 798 tons. 

(vi) The SO2 Indian country new unit 

set-aside for 2014 and thereafter is 42 

tons. 

* * * * * 

(5) Nebraska. (i) The SO2 trading 

budget for 2012 and 2013 is 68,162 tons. 

(ii) The SO2 new unit set-aside for 

2012 and 2013 is 2,658 tons. 

(iii) The SO2 Indian country new unit 

set-aside for 2012 and 2013 is 68 tons. 

(iv) The SO2 trading budget for 2014 

and thereafter is 68,162 tons. 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 2,658 tons. 

(vi) The SO2 Indian country new unit 

set-aside for 2014 and thereafter is 68 

tons. 

(6) South Carolina. (i) The SO2 trading 

budget for 2012 and 2013 is 96,633 tons. 

(ii) The SO2 new unit set-aside for 

2012 and 2013 is 1,836 tons. 

(iii) The SO2 Indian country new unit 

set-aside for 2012 and 2013 is 97 tons. 

(iv) The SO2 trading budget for 2014 

and thereafter is 96,633 tons. 

(v) The SO2 new unit set-aside for 

2014 and thereafter is 1,836 tons. 

(vi) The SO2 Indian country new unit 

set-aside for 2014 and thereafter is 97 

tons. 

* * * * * 

(b) * * * 

(2) The SO2 variability limit for 

Georgia is 24,402 tons. 

(3) The SO2 variability limit for 

Kansas is 7,556 tons. 

* * * * * 

(5) The SO2 variability limit for 

Nebraska is 12,269 tons. 

(6) The SO2 variability limit for South 

Carolina is 17,394 tons. 

* * * * * 

[FR Doc. 2012–3704 Filed 2–17–12; 8:45 am] 

BILLING CODE 6560–50–P 


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