Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71663 

appropriate action to collect the amount 

of the advance payment from the 

beneficiary. 

(2) If an advance payment was not 

made to the beneficiary and the 

beneficiary does not submit a final 

payment request in accordance with 

paragraph (b) of this section within 60 

days of the date the application was 

approved, the application will be closed 

and no future HISA benefits will be 

furnished to the beneficiary for that 

application. Before closing the 

application, VA will send a notice to the 

beneficiary of the intent to close the file. 

If the beneficiary does not respond with 

a suitable update and explanation for 

the delay within 30 days, VA will close 

the file and provide a final notice of 

closure. The notice will include 

information about the right to appeal the 

decision. 

(e) Failure to make approved 

improvements or structural alterations. 

If an inspection conducted pursuant to 

paragraph (c)(1) of this section reveals 

that the improvement or structural 

alteration has not been completed as 

indicated in the final payment request, 

VA may take appropriate action to 

collect the amount of the advance 

payment from the beneficiary. VA will 

not seek to collect the amount of the 

advance payment from the beneficiary if 

the beneficiary provides documentation 

indicating that the project was not 

completed due to the fault of the 

contractor, including bankruptcy or 

misconduct of the contractor. 

(Authority: 38 U.S.C. 501, 1717) 

(The Office of Management and Budget has 

approved the information collection 

requirement in this section under control 

number 2900–0188.) 

[FR Doc. 2014–28373 Filed 12–2–14; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 52, and 97 

[EPA–HQ–OAR–2009–0491; FRL–9919–71– 

OAR] 

RIN 2060–AS40 

Rulemaking To Amend Dates in 

Federal Implementation Plans 

Addressing Interstate Transport of 

Ozone and Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Interim final rule with request 

for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the Code of 

Federal Regulations (CFR) to correctly 

reflect the compliance deadlines for the 

Cross-State Air Pollution Rule (CSAPR) 

as revised by the effect of the action of 

the United States Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit or Court) granting the EPA’s 

motion to lift the previous stay of 

CSAPR and delay (toll) its deadlines by 

three years. With these ministerial 

amendments, the CFR text will correctly 

indicate that CSAPR’s Phase 1 

emissions budgets apply in 2015 and 

2016 and that CSAPR’s Phase 2 

emissions budgets and assurance 

provisions apply in 2017 and beyond. 

The ministerial amendments similarly 

correct dates in the CFR text related to 

specific activities required or permitted 

under CSAPR by regulated sources, the 

EPA, and states, as well as dates related 

to the sunsetting of the Clean Air 

Interstate Rule (CAIR) upon its 

replacement by CSAPR. The 

amendments are necessary to clarify the 

timing of requirements and elections 

under CSAPR as shown in the CFR text 

so that compliance can begin in an 

orderly manner on January 1, 2015, 

consistent with the Court’s order. The 

EPA is also taking comment on the 

amendments being made in this interim 

final rule and will consider whether to 

retain these revisions as promulgated or 

whether further revisions are necessary 

to make the CSAPR compliance 

deadlines consistent with the Court’s 

order. 

DATES: This final rule is effective on 

December 3, 2014. The EPA will 

consider comments on this interim final 

rule received on or before February 2, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0491, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: EPA Docket Center, Air and 

Radiation Docket, Mail Code 2822T, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460, Attn: Docket ID 

No. EPA–HQ–OAR–2009–0491. 

• Hand delivery: EPA Docket Center, 

William Jefferson Clinton Building 

West, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20004, 

Attn: Docket ID No. EPA–HQ–OAR– 

2009–0491. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0491. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: The EPA is including this 

action in Docket ID No. EPA–HQ–OAR– 

2009–0491, which is also the docket for 

the original CSAPR rulemaking and 

other related rulemakings. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, William 

Jefferson Clinton Building West, Room 

3334, 1301 Constitution Avenue NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. 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 


tkelley on DSK3SPTVN1PROD with RULES
71664 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

1Federal Implementation Plans; Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals, 76 FR 48208 (August 

8, 2011). 

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

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

3Federal Implementation Plans for Iowa, 

Michigan, Missouri, Oklahoma, and Wisconsin and 

Determination for Kansas Regarding Interstate 

Transport of Ozone, 76 FR 80760 (December 27, 

2011). 

4Revisions to Federal Implementation Plans To 

Reduce Interstate Transport of Fine Particulate 

Matter and Ozone, 77 FR 10324 (February 21, 2012). 

5Revisions to Federal Implementation Plans To 

Reduce Interstate Transport of Fine Particulate 

Matter and Ozone, 77 FR 34830 (June 12, 2012). 

the Air and Radiation Docket is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Beth 

A. Murray, Clean Air Markets Division, 

Office of Atmospheric Programs, U.S. 

Environmental Protection Agency, MC 

6204M, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: (202) 343–9115; email address: 

murray.beth@epa.gov. Electronic copies 

of this document can be accessed 

through the EPA Web site at: http://

www.epa.gov/airmarkets. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. Entities regulated by CSAPR 

are fossil fuel-fired boilers and 

stationary combustion turbines that 

serve generators producing electricity 

for sale, including combined cycle units 

and units operating as part of systems 

that cogenerate electricity and other 

useful energy output. Regulated 

categories and entities include: 

Category NAICS * code Examples of potentially regulated industries 

Industry .................................................................................................. 221112 Fossil fuel electric power generation. 

* North American Industry Classification System 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated. This table lists the types of 

entities of which the EPA is now aware 

that could potentially be regulated. 

Other types of entities not listed in the 

table could also be regulated. To 

determine whether your facility is 

regulated by CSAPR, you should 

carefully examine the applicability 

provisions in 40 CFR 97.404, 97.504, 

97.604, and 97.704. If you have 

questions regarding the applicability of 

CSAPR to a particular entity, consult the 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

Judicial Review. Judicial review of 

this rule is available only by filing a 

petition for review in the D.C. Circuit on 

or before February 2, 2015. Under 

section 307(b)(1) of the Clean Air Act 

(CAA), judicial review of EPA final 

action under the CAA that is ‘‘nationally 

applicable’’ or that the Administrator 

determines is of ‘‘nationwide scope or 

effect’’ is available only in the D.C. 

Circuit. Because this rule amends 

regulations that apply to sources in 28 

states, it is ‘‘nationally applicable’’ 

within the meaning of section 307(b)(1). 

For the same reason, the Administrator 

determines that this rule is of 

‘‘nationwide scope or effect’’ for 

purposes of section 307(b)(1). CAA 

section 307(b)(1) also provides that 

filing a petition for reconsideration by 

the Administrator of this rule does not 

affect the finality of the rule for the 

purposes of judicial review, does not 

extend the time within which a petition 

for judicial review may be filed, and 

does not postpone the effectiveness of 

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

the requirements established by this 

rule may not be challenged separately in 

any civil or criminal proceedings 

brought by the EPA to enforce these 

requirements. 

Outline. The following outline is 

provided to aid in locating information 

in this preamble. 

I. Overview 

II. Specific Amendments to CSAPR Dates 

A. Emissions Limitations and Assurance 

Provisions 

B. Monitoring System Certification and 

Emissions Reporting 

C. Allocation and Recordation of Emission 

Allowances 

D. Optional SIP Revisions 

E. Sunsetting of CAIR 

III. Legal Authority, Administrative 

Procedures, and Findings of Good Cause 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Overview 

The EPA issued the Cross-State Air 

Pollution Rule (CSAPR) 1 in July 2011 to 

address CAA requirements concerning 

interstate transport of air pollution and 

to replace the previous Clean Air 

Interstate Rule (CAIR) which the D.C. 

Circuit remanded to the EPA for 

replacement.2 Following the original 

rulemaking, CSAPR was amended by 

three further rules known as the 

Supplemental Rule,3 the First Revisions 

Rule,4 and the Second Revisions Rule.5

As amended, CSAPR requires 28 states 

to limit their state-wide emissions of 

sulfur dioxide (SO2) and/or nitrogen 

oxides (NOX) in order to reduce or 

eliminate the states’ unlawful 

contributions to fine particulate matter 

and/or ground-level ozone pollution in 

other states. The emissions limitations 

are defined in terms of maximum statewide ‘‘budgets’’ for emissions of annual 

SO2, annual NOX, and/or ozone-season 

NOX by each state’s large electricity 

generating units (EGUs). The emissions 

budgets are implemented in two phases 

of generally increasing stringency, with 

the Phase 1 budgets originally 

scheduled to apply to emissions in 2012 

and 2013 and the Phase 2 budgets 

originally scheduled to apply to 

emissions in 2014 and later years. 

As the mechanism for achieving 

compliance with the emissions 

limitations, CSAPR establishes federal 

implementation plans (FIPs) that require 

large EGUs in each affected state to 

participate in one or more new 

emissions trading programs that 

supersede the existing CAIR emissions 

trading programs. Interstate trading of 

CSAPR’s emission allowances is 

permitted, but the rule includes 

‘‘assurance provisions’’ designed to 

ensure that individual states’ emissions 

in each Phase 2 compliance period do 

not exceed the states’ respective 

emissions budgets for that period by 

more than specified ‘‘variability limits.’’ 

CSAPR allows states to elect to revise 

their state implementation plans (SIPs) 

to modify or replace the FIPs while 

continuing to rely on the rule’s trading 

programs for compliance with the 

emissions limitations, and establishes 

certain requirements and deadlines 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71665 

6CSAPR does not restrict states’ ability to adopt 

SIP revisions to meet their emissions limitations 

through mechanisms other than the rule’s trading 

programs. 

7Separate challenges seeking judicial review of 

the Supplemental Rule, the First Revisions Rule, 

and the Second Revisions Rule are currently being 

held in abeyance at the D.C. Circuit. 

8Order, Document #1350421, EME Homer City 

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

issued Dec. 30, 2011). Although the Court did not 

explicitly address the stay order’s effect on 

requirements established by the Supplemental Rule, 

the EPA issued a notice indicating that, because of 

the close relationship between CSAPR as originally 

promulgated and the Supplemental Rule, the 

Agency would treat both rules in the same manner 

and would not expect covered sources in the states 

addressed by the Supplemental Rule to comply 

with the Supplemental Rule’s requirements for the 

duration of the stay. 77 FR 5710 (February 6, 2012). 

As discussed below, now that the Court has lifted 

the stay, the EPA expects covered sources in states 

addressed by the Supplemental Rule to comply 

with the Supplemental Rule’s requirements 

consistent with the new compliance schedule 

established by the Court’s order and this interim 

final rule. 

9EPA v. EME Homer City Generation, L.P., 134 S. 

Ct. 1584 (2014), reversing 696 F.3d 7 (D.C. Cir. 

2012). 

10Respondents’ Motion to Lift the Stay Entered 

on December 30, 2011, Document #1499505, EME 

Homer City Generation, L.P. v. EPA, No. 11–1302 

(D.C. Cir. filed June 26, 2014) [EPA Motion]; see 

also Reply in Further Support of Motion to Lift 

Stay, Document #1508914, EME Homer City 

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

August 22, 2014) [EPA Reply]. Both documents are 

available in the docket. 

11Order, Document #1518738, EME Homer City 

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

issued Oct. 23, 2014). 

12As discussed in section II of this preamble, the 

amendments also toll certain dates in the regulatory 

text before December 30, 2011, that are used to 

establish deadlines occurring after December 30, 

2011. 

13The EPA is also administratively converting the 

2012-vintage and 2013-vintage CSAPR emission 

allowances previously recorded in tracking system 

accounts into 2015-vintage and 2016-vintage 

allowances, respectively. In light of the Court’s 

order tolling compliance deadlines and the 

applicable Phase 1 and Phase 2 emissions budget 

periods, and given the need for the vintages of the 

rule’s emission allowances to correctly reflect the 

revised emissions budget periods, the EPA 

considers this one-time conversion to be a 

reasonable exercise of the Agency’s plenary 

authority under 40 CFR 97.427, 97.527, 97.627, and 

97.727 to correct errors in CSAPR tracking system 

accounts. 

14The EPA removed CAIR annual NOX and 

ozone-season NOX allowances from tracking system 

accounts before the stay, as required under the rule, 

but then restored the allowances to the accounts 

following the Court’s order to continue 

implementing CAIR during the stay. CSAPR does 

not call for removal of CAIR SO2 allowances, which 

are the same SO2 allowances used in the Title IV 

Acid Rain Program. 

related to those optional SIP revisions.6

The rule also contains provisions that 

sunset CAIR compliance requirements 

on a schedule coordinated with the 

implementation of CSAPR compliance 

requirements. 

Certain industry and state and local 

government petitioners challenged 

CSAPR in the D.C. Circuit and filed 

motions seeking a stay of the rule 

pending judicial review.7 On December 

30, 2011, the Court granted a stay of the 

rule, ordering the EPA to continue 

administering CAIR on an interim 

basis.8 In a subsequent decision on the 

merits, the Court vacated CSAPR based 

on a subset of petitioners’ claims, but on 

April 29, 2014, the U.S. Supreme Court 

reversed that decision and remanded 

the case to the D.C. Circuit for further 

proceedings.9 Throughout the initial 

round of D.C. Circuit proceedings and 

the ensuing Supreme Court proceedings, 

the stay remained in place and the EPA 

has continued to implement CAIR. 

Following the Supreme Court decision, 

in order to allow CSAPR to replace 

CAIR in an equitable and orderly 

manner while further D.C. Circuit 

proceedings are held to resolve 

petitioners’ remaining claims, the EPA 

filed a motion asking the D.C. Circuit to 

lift the stay and to toll by three years all 

CSAPR compliance deadlines that had 

not passed as of the date of the stay 

order.10 On October 23, 2014, the Court 

granted the EPA’s motion.11

This action makes ministerial 

amendments to the dates in the CSAPR 

regulatory text in 40 CFR parts 51, 52, 

and 97 to clarify how the EPA will 

implement the rule consistent with the 

D.C. Circuit’s order lifting the stay and 

tolling the rule’s deadlines. Generally, 

this action tolls by three calendar years 

dates and years in the regulatory text as 

previously amended that had not passed 

as of December 30, 2011, the date of the 

stay order.12 The ministerial 

amendments restore parties and the rule 

to the status that would have existed but 

for the stay albeit three years later, 

preserve the rule’s internal consistency, 

render moot questions as to whether the 

Court’s order might not have tolled 

some of the individual dates being 

amended, and provide clarity to 

stakeholders and the public, thereby 

permitting orderly implementation of 

the rule. 

The most fundamental amendments 

make clear that, consistent with the 

Court’s order, compliance with CSAPR’s 

Phase 1 emissions budgets is now 

required in 2015 and 2016 (instead of 

2012 and 2013) and compliance with 

the rule’s Phase 2 emissions budgets 

and assurance provisions is now 

required in 2017 and beyond (instead of 

2014 and beyond).13 Other amendments 

toll specific deadlines for sources to 

certify monitoring systems and to start 

reporting emissions, for the EPA to 

allocate and record emission 

allowances, and for states to take 

optional steps to modify or replace their 

CSAPR FIPs through SIP revisions. 

Dates are also tolled in the regulatory 

provisions that sunset CAIR upon its 

replacement by CSAPR, and a new 

deadline is set for removal of CAIR NOX

allowances from allowance tracking 

system accounts.14 The EPA’s authority 

to issue these ministerial amendments is 

not affected by the continuation of 

proceedings at the D.C. Circuit to 

resolve petitioners’ remaining claims 

regarding CSAPR. No regulatory text is 

amended other than dates and no 

substantive changes to CSAPR are being 

made. Section II of this notice provides 

additional information about the 

specific amendments. 

As permitted under section 307(d)(1) 

of the CAA where good cause exists, 

these amendments to CSAPR’s dates are 

being promulgated as a final rule 

without prior notice or opportunity for 

public comment, and the amendments 

are effective immediately upon 

publication of this notice in the Federal 

Register. At the same time, the EPA is 

also seeking comment on the content of 

the amendments and the consistency of 

the revisions with the Court’s order 

granting the EPA’s motion to lift the stay 

and toll CSAPR compliance deadlines 

by three years. The EPA is not 

reopening for comment any provisions 

of CSAPR other than the dates and years 

amended in this interim final rule. The 

EPA will consider any comments 

received and issue a final rule that 

either confirms these revisions or makes 

any further revisions that may be 

needed for implementation on the 

revised compliance schedule. Section III 

of this notice provides additional 

information on this rulemaking 

procedure and on the EPA’s findings of 

good cause to issue an immediately 

effective final rule without prior notice 

or opportunity for public comment. 

II. Specific Amendments to CSAPR 

Dates 

This action amends dates appearing 

in regulatory text in 40 CFR parts 51, 52, 

and 97. Most of the amendments, 

addressing virtually all aspects of 

implementation of the CSAPR FIPs and 

trading programs, toll dates in the 

CSAPR trading program provisions in 

subparts AAAAA, BBBBB, CCCCC, and 

DDDDD of part 97 and in the additional 

CSAPR FIP provisions in §§ 52.38 and 

52.39. The other amendments, 


tkelley on DSK3SPTVN1PROD with RULES
71666 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

15CSAPR sets aside portions of each state’s 

emissions budgets for potential allocation to new 

units in the state. For states with areas of Indian 

country within their borders, the rule establishes 

additional set-asides for new units in those areas. 

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

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

18The five states with emissions limitations 

established in the Supplemental Rule are Iowa, 

Michigan, Missouri, Oklahoma, and Wisconsin. 

19See 77 FR 10324, 10330–32 (February 21, 

2012). 

20See EPA Motion at 14 and note 5. 

21See, e.g., 40 CFR 97.430(b)(1) and 

97.434(d)(1)(i). The analogous compliance deadline 

in the original regulatory text for requirements 

related to ozone-season NOX emissions is May 1, 

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

and (2)(ii)(A). 

addressing the sunsetting of CAIR 

obligations and the CAIR trading 

programs, toll or otherwise reset dates 

in scattered sections of parts 51 and 52. 

No regulatory text other than dates is 

amended and no substantive changes to 

CSAPR are being made. The remainder 

of this section discusses the functions of 

the various dates being changed and 

identifies the specific CFRs being 

amended. 

The EPA interprets the Court’s order 

lifting the stay as already tolling CSAPR 

deadlines that had not passed as of the 

date of the Court’s previous stay order, 

with the consequence that the 

corresponding regulatory text 

amendments in this action do not alter 

legal requirements or options but merely 

amend regulatory text to accurately 

reflect the timing of legal requirements 

and options as revised by the Court. 

With respect to the possibility that some 

of the dates amended in this action 

might not have been tolled by the 

Court’s order, all of the date changes are 

required to serve the purpose of the 

rule—to address states’ interstate 

transport obligations in an efficient and 

equitable manner—and the purpose of 

the Court’s order—to allow the rule to 

be implemented in accordance with the 

EPA’s motion. The rule’s various dates 

are elements of a carefully integrated 

design, and uncoordinated changes 

could disrupt that design and lead to 

inefficient and inequitable results. 

Therefore, to the extent that any of the 

date changes in this action may be 

outside the scope of the tolling already 

ordered by the Court, those changes are 

nevertheless necessary to provide for 

efficient, equitable, and orderly 

implementation of the rule consistent 

with the Court’s order. The necessity of 

specific date changes is further 

discussed below. 

A. Emissions Limitations and Assurance 

Provisions 

The most fundamental amendments 

in this action toll the years in which 

compliance with CSAPR’s emissions 

limitations and assurance provisions is 

required, as well as the years in which 

the rule’s Phase 1 and Phase 2 emissions 

budgets, Phase 1 and Phase 2 ‘‘setasides,’’ 15 and Phase 2 variability limits 

apply. The compliance period 

definitions drive many of the rule’s 

specific requirements, and the budget 

applicability dates are key specifications 

affecting the rule’s stringency. These 

date changes were explicitly requested 

and discussed in the EPA’s motion to 

lift the stay and toll compliance 

deadlines by three years.16 As explained 

in the motion, tolling these deadlines by 

three years returns the rule and parties 

to the status quo that would have 

existed but for the stay, provides parties 

with sufficient time to prepare for 

implementation, and avoids 

unnecessary regulatory burden by 

retaining a calendar-year schedule for 

the rule’s annual trading programs. This 

rule makes no substantive changes to 

the emissions limitations or assurance 

provisions other than the revision of the 

deadlines. 

The EPA also explained in the motion 

that CSAPR would be implemented as 

previously amended by the 

Supplemental Rule, the First Revisions 

Rule, and the Second Revisions Rule, 

and that dates first established or 

amended in those later rulemakings 

would also be tolled.17 Tolling of these 

dates is necessary to preserve CSAPR’s 

internal consistency and to provide for 

efficient and equitable implementation. 

For example, the Supplemental Rule 

established dates specifying the 

applicable compliance periods for the 

Phase 1 and Phase 2 ozone-season 

emissions budgets, set-asides, and 

variability limits that the Supplemental 

Rule established for five states.18 If dates 

first established by the Supplemental 

Rule were not tolled, in 2015 and 2016 

these five states would be subject to 

Phase 2 emissions budgets while all 

other states would be subject to Phase 

1 emissions budgets, an inequitable 

outcome. In another example, the First 

Revisions Rule deferred applicability of 

CSAPR’s assurance provisions from 

Phase 1 to Phase 2 in order to encourage 

greater trading activity during Phase 1 

and thereby ensure a smooth transition 

from CAIR.19 If dates amended by the 

First Revisions Rule were not tolled 

from their previously amended starting 

points, the assurance provisions would 

apply in 2015, contrary to the rationale 

supporting their prior deferral until 

Phase 2. 

The date changes relating to the 

compliance deadlines and applicable 

periods for the rule’s emissions 

limitations and assurance provisions are 

reflected in amendments to the 

following sections of 40 CFR: 

• Sections 97.406(c)(3)(i), 

97.506(c)(3)(i), 97.606(c)(3)(i), and 

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

emissions limitations); 

• Sections 97.406(c)(3)(ii), 

97.506(c)(3)(ii), 97.606(c)(3)(ii), and 

97.706(c)(3)(ii) (applicable periods for 

assurance provisions); 

• Sections 97.410(a), 97.510(a), 

97.610(a), and 97.710(a) (applicable 

periods for Phase 1 and Phase 2 

emissions budgets and set-asides); 

• Sections 97.410(b), 97.510(b), 

97.610(b), and 97.710(b) (applicable 

periods for Phase 2 variability limits); 

and 

• Sections 97.425(b)(1), 97.525(b)(1), 

97.625(b)(1), and 97.725(b)(1) (assurance 

provision administration deadlines). 

B. Monitoring System Certification and 

Emissions Reporting 

Several amendments in this action 

toll CSAPR dates that define deadlines 

by which owners and operators of 

affected units must meet monitoring 

system certification requirements and 

begin submitting quarterly emissions 

reports. These date changes are 

necessary to coordinate the timing of 

these specific requirements with the 

revised timing of the rule’s emissions 

limitations and to avoid requiring 

sources to engage in certification and 

emissions reporting activities before 

those activities serve a useful purpose. 

The EPA’s motion indicated that the 

deadlines for CSAPR’s monitoring and 

reporting obligations would be tolled if 

the Court granted the motion.20 This 

rule makes no substantive changes to 

the monitoring and reporting 

requirements other than the revision of 

the deadlines. 

The amendments to the certification 

and reporting deadlines toll several 

dates in the regulatory text earlier than 

December 30, 2011. The reason for 

tolling these dates is that their function 

in the rule is to define deadlines 

originally scheduled to occur after 

December 30, 2011. Specifically, the 

original regulatory text provides that 

units in operation for at least six months 

before implementation of the rule’s first 

emissions limitations—defined in the 

existing regulatory text as ‘‘unit[s] that 

commence[] commercial operation 

before July 1, 2011’’—become subject to 

reporting obligations for annual 

emissions occurring as of January 1, 

2012, and are required to complete 

monitoring system certification by that 

same date.21 In contrast, units in 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71667 

22See, e.g., 40 CFR 97.430(b)(2) and 

97.434(d)(1)(ii). 

23See, e.g., 40 CFR 97.434(d)(1)(ii). 

24States are not permitted to revise the 

recordation provisions or the provisions governing 

allocation of allowances from the Indian country 

new unit set-asides. 

25See, e.g., 40 CFR 97.411(a)(2). 

26See EPA Reply, attached Supplemental 

Declaration of Reid Harvey, ¶7. 

27See 40 CFR 97.521(a)–(b). 

operation for less than six months 

before implementation of the rule’s first 

emission limitations—defined in the 

existing regulatory text as ‘‘unit[s] that 

commence[] commercial operation on or 

after July 1, 2011’’—are given 

potentially later deadlines.22 Similarly, 

because the reporting deadlines for the 

newer units are defined in part by 

reference to events that could have 

occurred before implementation of the 

rule’s first emissions limitations, in 

order to avoid creation of reporting 

deadlines before January 1, 2012, the 

existing regulatory text contains 

language providing that reporting 

obligations do not apply with respect to 

‘‘the third or fourth quarter of 2011.’’ 23

This action amends these 2011 dates, 

changing them to 2014 dates consistent 

with the change in initial 

implementation of the rule’s emissions 

limitations from 2012 to 2015 as ordered 

by the Court. If these amendments were 

not made, the regulatory text could 

require some sources commencing 

commercial operation on or after July 1, 

2011, and before January 1, 2015, to 

begin reporting under CSAPR prior to 

2015, a result that would be 

unnecessary, inefficient, inequitable, 

and inconsistent with the Court’s order. 

The date changes related to CSAPR’s 

compliance deadlines for monitoring 

system certification and the applicable 

periods for emissions reporting are 

reflected in amendments to the 

following sections of 40 CFR: 

• Sections 97.430(b)(1), 97.530(b)(1), 

97.630(b)(1), and 97.730(b)(1) 

(certification deadlines for units that 

commence commercial operation at 

least six months before the first 

compliance period); 

• Sections 97.430(b)(2), 97.530(b)(2)– 

(3), 97.630(b)(2), and 97.730(b)(2) 

(certification deadlines for newer units); 

• Sections 97.434(d)(1)(i), 

97.534(d)(1)(i) and (2)(ii)(A), 

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

(applicable periods for emissions 

reporting by units that commence 

commercial operation at least six 

months before the first compliance 

period); and 

• Sections 97.434(d)(1)(ii), 

97.534(d)(1)(ii) and (2)(ii)(B), 

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

(applicable periods for emissions 

reporting by newer units). 

C. Allocation and Recordation of 

Emission Allowances 

Some of the amendments in this 

action toll dates defining CSAPR 

deadlines by which the EPA must 

allocate and record emission 

allowances. The date changes are 

necessary to coordinate these deadlines 

with the rule’s compliance deadlines as 

revised by the Court’s order and to 

preserve states’ opportunities under the 

rule to substitute their own preferred 

allowance allocations for the EPA’s 

default allocations. More specifically, to 

facilitate allowance trading and 

compliance planning activities, the 

rule’s recordation deadlines require 

recordation of most CSAPR allowances 

up to four years in advance of the 

respective compliance periods. The rule 

also establishes default procedures by 

which the EPA allocates allowance 

quantities equal to each state’s 

emissions budgets among the EGUs in 

the state, but after the first compliance 

year the rule permits states to replace 

the EPA’s default allocations for most 

units through SIP revisions, as 

discussed below.24 States’ opportunities 

to replace the default allocations extend 

only to allowances that have not yet 

been recorded. If the dates in the 

regulatory text defining the recordation 

deadlines were not tolled consistent 

with the revised compliance deadlines 

established by the Court’s order, the 

unrevised recording deadlines could 

unnecessarily prevent states from 

controlling the allocations of allowances 

for certain compliance periods because 

the allowances would already have been 

recorded. This rule makes no 

substantive changes to the allowance 

allocation and recordation provisions 

other than the revision of the deadlines. 

The EPA notes that the allocation date 

amendments include tolling a particular 

phrase from ‘‘after 2011’’ to ‘‘after 

2014’’.25 The phrase concerns allowance 

allocations to units that cease 

operations, and the effect of the change 

is that by default (i.e., unless the state 

revises the allocations) a retiring unit 

will continue to receive allocations of 

allowances for five compliance periods 

after the unit’s last year of operation, 

which in the case of a unit retiring 

between 2010 and 2014 would be the 

rule’s first five compliance periods from 

2015 through 2019. The phrase ‘‘after 

2011’’ indicates a date after December 

30, 2011, making this a deadline that 

had not passed as of the date of the stay, 

and the EPA’s reply regarding the 

motion to lift the stay explicitly 

confirmed the intention to toll these 

specific dates.26

The EPA also notes that some of the 

recordation deadlines being amended 

were initially established in the 

Supplemental Rule. These deadlines 

apply to the recordation of allowances 

for CSAPR’s first two compliance 

periods and affect only the ozone-season 

allowances for the five states covered by 

the Supplemental Rule.27 If the 

recordation deadlines established in the 

Supplemental Rule were not tolled— 

specifically, the March 26, 2012, 

recordation deadline for allowances for 

the rule’s second compliance year— 

while the analogous deadlines 

established for other states in the 

original CSAPR rulemaking were tolled, 

these five states alone would lack the 

opportunity to revise allowance 

allocations for the rule’s second 

compliance period, an inappropriate, 

unnecessary, and inequitable result. 

The date changes related to 

administrative deadlines and applicable 

periods for allocation and recordation of 

allowances are reflected in amendments 

to the following sections of 40 CFR: 

• Sections 97.411(a)(1), 97.511(a)(1), 

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

(applicable periods for default 

allowance allocations to existing units); 

• Sections 97.411(a)(2), 97.511(a)(2), 

97.611(a)(2), and 97.711(a)(2) 

(applicable periods for default 

allowance allocations to retired units); 

• Sections 97.411(b)(1), 97.511(b)(1), 

97.611(b)(1), and 97.711(b)(1) 

(administrative deadlines for default 

allowance allocations from new unit setasides); 

• Sections 97.411(b)(2), 97.511(b)(2), 

97.611(b)(2), and 97.711(b)(2) 

(administrative deadlines for allowance 

allocations from Indian country new 

unit set-asides); 

• Sections 97.411(c)(1), 97.511(c)(1), 

97.611(c)(1), and 97.711(c)(1) 

(applicable periods for correction of 

incorrect allowance allocations); 

• Sections 97.412(a), 97.512(a), 

97.612(a), and 97.712(a) (applicable 

periods for default allowance 

allocations from new unit set-asides); 

• Sections 97.412(b), 97.512(b), 

97.612(b), and 97.712(b) (applicable 

periods for allocations from Indian 

country new unit set-asides); 

• Sections 97.421(a)–(f), 97.521(a)–(f), 

97.621(a)–(f), and 97.721(a)–(f) 

(administrative deadlines and 

applicable periods for allowance 

recordation for existing units); and 

• Sections 97.421(g)–(i), 97.521(g)–(i), 

97.621(g)–(i), and 97.721(g)–(i) 


tkelley on DSK3SPTVN1PROD with RULES
71668 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

28See EPA Reply, attached Supplemental 

Declaration of Reid Harvey, ¶¶8–11. 

29The twelve states are Alabama, Florida, Kansas, 

Louisiana, Maryland, Mississippi, Missouri, 

Nebraska, New York, Ohio, Pennsylvania, and 

South Carolina. 

30For example, the deadline to submit SIP 

revisions addressing allowance allocations for 

CSAPR’s third and fourth compliance periods as 

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

is being tolled from December 1, 2012, to December 

1, 2015. 

31See 40 CFR 52.38(b)(3)(v). 

32North Carolina v. EPA, 550 F.3d 1176, 1178 

(DC Cir. 2008). 

(administrative deadlines and 

applicable periods for allowance 

recordation from new unit set-asides 

and Indian country new-unit set-asides). 

D. Optional SIP Revisions 

Some of the amendments in this 

action toll deadlines for filings by states 

that elect to submit SIP revisions to 

modify or replace the CSAPR FIPs in 

order to replace the default allowance 

allocations. The rule sets deadlines for 

submission of these SIP revisions (and 

for associated notifications) that are 

coordinated with the rule’s deadlines 

for allowance recordation. Tolling of 

these dates is necessary to preserve this 

coordination and to restore to states the 

same SIP revision opportunities that 

would have existed if the rule had not 

been stayed. The EPA’s reply regarding 

the motion to lift the stay explained in 

detail the intention for these deadlines 

to be tolled if the Court granted the 

motion.28 This rule makes no 

substantive changes to the provisions 

providing optional SIP revisions other 

than the revision of the deadlines. 

As indicated in the EPA’s reply, only 

the SIP revision and notification 

deadlines that had not passed as of the 

date of the stay would be tolled. This 

restriction applies to a CSAPR deadline 

of October 17, 2011—which is not being 

tolled—for states to notify the EPA of 

their intent to submit SIP revisions 

modifying allowance allocations for the 

rule’s second compliance period (except 

with respect to obligations established 

in the Supplemental Rule). For the 

twelve states that notified the EPA by 

that deadline of their intent to submit 

SIP revisions modifying allowance 

allocations for the second compliance 

year, the deadline for submission of 

those SIP revisions is being tolled from 

April 1, 2012, to April 1, 2015.29 The 

states that did not provide notification 

prior to the October 17, 2011, deadline 

will not have an opportunity to modify 

allowance allocations for that 

compliance year. Pursuant to a 

November 7, 2011, deadline in the 

rule—which is also not being tolled— 

the EPA duly recorded allowances for 

those states using the EPA’s default 

allocations, and removal of those 

allowances from tracking system 

accounts to provide states with a new 

reallocation opportunity would be 

inequitable because allowance trades 

affecting these allowances have already 

taken place. Separate deadlines 

applicable to all states relating to 

optional SIP revisions to revise 

allowance allocations for later 

compliance periods are being tolled.30

The EPA notes that some of the SIP 

revision-related deadlines being 

amended were initially established in 

the Supplemental Rule. These deadlines 

apply to SIP revisions replacing default 

allowance allocations for CSAPR’s 

second compliance period but affect 

only the ozone-season allowances for 

the five states covered by the 

Supplemental Rule.31 Specifically, the 

regulatory text as currently amended 

provides that these states must notify 

the EPA by March 6, 2012, of their 

intent to modify allowance allocations 

for the rule’s second compliance year 

and must submit the corresponding SIP 

revisions by October 1, 2012. If these 

deadlines established in the 

Supplemental Rule were not tolled, 

while the April 1, 2012, deadline 

described above for other states was 

tolled, these five states alone would lack 

the opportunity to revise allowance 

allocations for the rule’s second 

compliance period, an inappropriate, 

unnecessary, and inequitable result. 

The date changes related to 

notification and SIP revision filing 

deadlines for states’ that elect to modify 

or replace the FIPs are reflected in 

amendments to the following sections of 

40 CFR: 

• Sections 52.38(a)(3) and (b)(3), and 

52.39(d) and (g) (SIP revisions to modify 

the FIP default allowance allocations for 

the second compliance year); 

• Sections 52.38(a)(4) and (b)(4), and 

52.39(e) and (h) (SIP revisions to modify 

the FIP default allowance allocations for 

the third compliance year and beyond); 

• Sections 52.38(a)(5) and (b)(5), and 

52.39(f) and (i) (SIP revisions to replace 

the FIPs for the third compliance year 

and beyond); and 

• Sections 97.421(b), 97.521(b), 

97.621(b), and 97.721(b) (interaction of 

SIP revision-related filing deadlines and 

allowance recordation deadlines for the 

second compliance year). 

E. Sunsetting of CAIR 

The remaining amendments in this 

action toll or reset deadlines associated 

with the sunsetting of CAIR. In 2008, 

the DC Circuit remanded CAIR to the 

EPA for replacement.32 Since that 

remand, the EPA has continued to 

implement CAIR in accordance with 

that and subsequent Court orders, first 

while CSAPR was developed and in the 

period leading up to its planned 2012 

implementation, and then while CSAPR 

was stayed. When CSAPR is 

implemented in 2015, CAIR will sunset 

in compliance with the terms of the 

2008 remand. The amendments in this 

action toll the dates in the existing 

regulatory text reflecting the originally 

planned 2012 sunset, replacing them 

with dates reflecting the 2015 sunset 

consistent with the Court’s order lifting 

the stay of CSAPR. 

Several additional CAIR-related 

amendments reset deadlines for removal 

of CAIR NOX allowances from tracking 

system accounts. To prevent possible 

confusion over how many allowances 

are available for CSAPR compliance 

after CSAPR supersedes CAIR, CSAPR 

as originally issued provided for post2011-vintage CAIR NOX allowances to 

be removed from tracking system 

accounts on November 7, 2011 (before 

the stay). The EPA removed the 

allowances by that deadline but then 

restored the allowances to the accounts 

in order to allow CAIR to continue to be 

implemented consistent with the 

Court’s stay order. This action sets a 

new deadline of March 3, 2015 for 

removal of post-2014-vintage CAIR NOX

allowances, serving the original purpose 

of avoiding confusion over the number 

of allowances available for CSAPR 

compliance. The date changes related to 

the sunsetting of CAIR and removal of 

CAIR NOX allowances from tracking 

system accounts are reflected in 

amendments to the following sections of 

40 CFR: 

• Section 51.121(r)(2) (NOX SIP Call 

obligations); 

• Sections 51.123(ff) and 51.124(s) 

(CAIR obligations); 

• Sections 52.35(f) and 52.36(e) (CAIR 

FIPs); 

• Sections 52.440(c) and 52.441(b) 

(Delaware); 

• Sections 52.484(c) and 52.485(b) 

(District of Columbia); 

• Section 52.984(c) (Louisiana); 

• Sections 52.1186(c) and 52.1187(b) 

(Michigan); 

• Sections 52.1584(c) and 52.1585(b) 

(New Jersey); 

• Sections 52.2240(c) and 52.2241(b) 

(Tennessee); 

• Sections 52.2283(b) and 52.2284(b) 

(Texas); and 

• Sections 52.2587(c) and 52.2588(b) 

(Wisconsin). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71669 

33The EPA’s finding that providing notice and an 

opportunity for comment before promulgation of 

the regulatory text amendments in this final action 

is impracticable, unnecessary, or contrary to the 

public interest also applies for purposes of section 

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

808(2), as referenced in section IV.K of this 

preamble. 

34The EPA’s motion was clear that the requested 

relief encompassed tolling of not only the ‘‘key 

compliance deadlines’’ concerning applicability of 

CSAPR’s emissions budgets and assurance 

provisions but also the ‘‘additional deadlines 

applicable to the EPA, the states, and utilities for 

reporting and other generally ministerial actions.’’ 

See EPA Motion at 14 and note 5. 

III. Legal Authority, Administrative 

Procedures, and Findings of Good 

Cause 

The EPA’s authority to issue the 

amendments in this action is provided 

by CAA sections 110 and 301 (42 U.S.C. 

7410 and 7601). 

The EPA is taking this action as a 

final rule without prior notice or 

opportunity for public comment 

because the EPA finds that the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) good cause 

exemption applies here. In general, the 

APA requires that general notice of 

proposed rulemaking shall be published 

in the Federal Register. Such notice 

must provide an opportunity for public 

participation in the rulemaking process. 

However, the APA does provide an 

avenue for an agency to directly issue a 

final rulemaking in certain specific 

instances. This may occur, in particular, 

when an agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefor in the rule 

issued) that notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest. See 5 

U.S.C. 553(b)(B). 

While CAA section 307(d)(1)(B) also 

provides that, in general, actions to 

revise FIPs under CAA section 110(c) 

are subject to the procedural 

requirements set forth in section 307(d), 

including publication of a notice of 

proposed rulemaking in the Federal 

Register and provision of an 

opportunity for public comment, section 

307(d)(1) also provides that section 

307(d) does not apply in the case of any 

rule or circumstance referred to in APA 

section 553(b)(B). The EPA finds for 

good cause under APA section 553(b)(B) 

that provision of such notice and 

opportunity for comment in this case is 

impracticable or unnecessary. 

The EPA finds that providing notice 

and an opportunity for comment before 

promulgation of the amendments in this 

final action is impracticable or 

unnecessary for the following reasons.33

First, to the extent that this action 

amends dates in the regulatory text that 

have already been tolled by the Court’s 

order, providing notice and an 

opportunity for comment is unnecessary 

because the revisions are merely a 

ministerial act intended to implement 

the Court’s order and it would generally 

serve no useful purpose to provide an 

opportunity for public comment or a 

public hearing on this issue, particularly 

in the very short timeframe in which the 

EPA is required to begin implementing 

CSAPR consistent with the Court’s 

order. The EPA interprets the DC 

Circuit’s order as having already reset 

all legal deadlines under CSAPR, as 

amended, that had not passed as of 

December 30, 2011, the date of the 

stay.34 The EPA’s action to amend the 

regulatory text consistent with the effect 

of the Court’s order merely makes the 

regulatory text consistent with the 

actual legal requirements as revised by 

the Court. Such consistency promotes 

regulatory clarity prior to the revised 

compliance dates, including the January 

1, 2015, start date for compliance with 

the rule’s emissions limitations. 

Delaying clarification of the regulatory 

text in order to allow time to conduct 

notice-and-comment procedures would 

result in regulatory text that does not 

accurately reflect the legally effective 

compliance dates until a rulemaking 

could be completed. Because 

completion of a rulemaking with noticeand-comment procedures would not 

occur until after the start of the first 

compliance period, the delay in 

clarification of the regulatory text would 

create confusion that could disrupt 

orderly implementation of the rule, 

contrary to the purpose of the Court’s 

order and the public interest. 

Second, to the extent that this action 

may amend any CSAPR dates that have 

not already been tolled by the Court’s 

order, providing notice and an 

opportunity for public comment is 

impracticable because the ten-week 

interval between the Court’s order and 

the January 1, 2015, start of compliance 

is insufficient time for completion of 

notice-and-comment rulemaking. As 

discussed in section II of this preamble, 

several of this action’s amendments 

change dates that were initially 

established or amended in the 

Supplemental Rule or the First 

Revisions Rule, and these dates must be 

tolled in the current action for 

consistency with other tolled dates in 

order to allow equitable and orderly 

implementation of CSAPR as already 

amended by these other rules. 

Some petitioners responding to the 

EPA’s motion suggested that the Court 

may lack the power to toll dates in 

CSAPR’s current regulatory text that 

were not established in the original 

CSAPR rulemaking under review by the 

Court (e.g., dates finalized in the 

Supplemental and Revisions Rules). If 

correct, this position would mean that, 

in this action, with respect to these 

particular dates, the EPA not only 

would be altering the appearance of the 

dates in the regulatory text but also 

would be amending the effective legal 

dates themselves. The EPA disagrees 

with petitioners’ narrow view of the 

Court’s equitable powers, but finds that, 

if this action is indeed amending the 

effective legal dates, good cause exists to 

make the amendments without prior 

notice or opportunity for comment 

because the changes are necessary for 

orderly implementation of the rule 

consistent with the Court’s order, and it 

is impracticable to provide notice and 

an opportunity for comment prior to the 

start of implementation. In a similar 

vein, as also discussed in section II 

above, the EPA notes that several of this 

action’s amendments toll dates in the 

regulatory text before December 30, 

2011. The EPA interprets the Court’s 

order as tolling these dates because, as 

explained in section II, their function in 

the rule is to establish deadlines after 

December 30, 2011. However, in these 

instances as well, if this action is indeed 

amending the effective legal dates, the 

EPA finds that good cause exists to 

make the amendments without prior 

notice or opportunity for comment for 

the same reasons just stated. 

As permitted by APA section 553(d) 

upon a finding of good cause, the EPA 

is also making this action tolling the 

dates in the CSAPR regulatory text 

effective immediately upon publication 

in the Federal Register. The EPA finds 

good cause to make this action 

immediately effective for the following 

reasons. The Court’s order lifting the 

stay of CSAPR and tolling the rule’s 

deadlines allows implementation of the 

rule’s emission limitations to begin on 

January 1, 2015. Promptly commencing 

implementation on January 1, 2015, is 

in the public interest because the rule 

will help states meet their interstate 

transport obligations under the CAA 

and protect air quality for millions of 

Americans. Finally, immediately 

amending the dates in the CSAPR 

regulatory text—i.e., before the January 

1, 2015, start of implementation—in 

order to clarify and make internally 

consistent the timing of the rule’s 

requirements and elections will promote 

orderly implementation consistent with 

the Court’s order. 

As just described, the EPA finds good 

cause to take this final action without 

prior notice or opportunity for public 

comment and to make this action 


tkelley on DSK3SPTVN1PROD with RULES
71670 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

effective immediately upon publication 

in the Federal Register. However, the 

EPA is also implementing this action on 

an interim basis only and is providing 

notice and an opportunity for comment 

on the content of the amendments. In 

particular, the EPA requests comment 

on whether, in order to be consistent 

with the Court’s order tolling CSAPR 

deadlines by three years, the provisions 

of this interim rule should become 

permanent or, alternatively, whether 

any date or year in the regulatory text 

amended by the interim final rule 

should either be restored to the date or 

year as it appeared in the regulatory text 

prior to promulgation of the interim 

final rule or should be changed to a date 

or year different from the date or year 

set in the interim final rule. The EPA is 

not reopening for comment any 

provisions of CSAPR other than the 

dates and years amended in the interim 

final rule for consistency with the 

Court’s order tolling CSAPR deadlines 

by three years. Issuance of this interim 

final rule, while also requesting 

comment, enables CSAPR to be 

implemented in an orderly manner 

beginning January 1, 2015, consistent 

with the Court’s order and also provides 

public notice and an opportunity for 

comment as to whether these revisions 

should be made permanent or whether 

further amendments to the regulatory 

text may be necessary to comply with 

the Court’s order. The EPA anticipates 

issuing a final rule confirming these 

revisions or making any further 

amendments to the CSAPR regulatory 

text that may be necessary following 

consideration of any comments 

received. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

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

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

Paperwork Reduction Act. OMB has 

previously approved the information 

collection activities contained in the 

existing regulations and has assigned 

OMB control number 2060–0667. This 

action simply tolls the deadlines of 

CSAPR by three years, including the 

deadlines for the rule’s information 

collection requirements, consistent with 

the order of the DC Circuit lifting the 

previous stay of the rule. 

C. Regulatory Flexibility Act 

This action is not subject to the 

Regulatory Flexibility Act (RFA). The 

RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. This rule is not 

subject to notice and comment 

requirements because the Agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b), as 

discussed in section III of this preamble. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in the 

Unfunded Mandates Reform Act, 2 

U.S.C. 1531–1538, and does not 

significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 

This action simply tolls the deadlines of 

CSAPR by three years consistent with 

the order of the DC Circuit lifting the 

previous stay of the rule. 

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. This action 

simply tolls the deadlines of CSAPR by 

three years consistent with the order of 

the DC Circuit lifting the previous stay 

of the rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action simply tolls 

the deadlines of CSAPR by three years, 

consistent with the order of the DC 

Circuit lifting the previous stay of the 

rule. Thus, Executive Order 13175 does 

not apply to this action. Consistent with 

the EPA Policy on Consultation and 

Coordination with Indian Tribes, the 

EPA consulted with tribal officials 

while developing CSAPR. A summary of 

that consultation is provided in the 

preamble for CSAPR, 76 FR 48208, 

48346 (August 8, 2011). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it simply tolls the deadlines of 

the CSAPR FIPs implementing 

previously promulgated health or safetybased federal standards, consistent with 

the order of the DC Circuit lifting the 

previous stay of the rule. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations. This action simply tolls the 

deadlines of CSAPR by three years, 

consistent with the order of the DC 

Circuit lifting the previous stay of the 

rule. Consistent with Executive Order 

12898 and the EPA’s environmental 

justice policies, the EPA considered 

effects on low-income, minority, and 

indigenous populations while 

developing CSAPR. The process and 

results of that consideration are 

described in the preamble for CSAPR, 

76 FR 48208, 48347–52 (August 8, 

2011). 

K. Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71671 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in section III of this 

preamble, including the basis for that 

finding. 

List of Subjects 

40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR Part 97 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Electric power 

plants, Nitrogen oxides, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

Dated: November 21, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, parts 51, 52, and 97 of 

chapter I of title 40 of the Code of 

Federal Regulations are amended as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

§§ 51.121, 51.123, and 51.124 [Amended] 

■ 2. Part 51 is amended by removing 

‘‘2012’’ and adding in its place ‘‘2015’’ 

in the following places: 

■ a. Section 51.121(r)(2); 

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

and 

■ c. Section 51.124(s)(2). 

§§ 51.123 and 51.124 [Amended] 

■ 3. Part 51 is further amended by 

removing ‘‘December 31, 2011’’ and 

adding in its place ‘‘December 31, 2014’’ 

in the following places: 

■ a. Section 51.123(ff)(1) introductory 

text; and 

■ b. Section 51.124(s)(1) introductory 

text; 

§ 51.123 [Amended] 

■ 4. Section 51.123 is amended in 

paragraphs (ff)(3) and (4) by removing 

‘‘November 7, 2011’’ and adding in its 

place March 3, 2015’’. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 5. The authority citation for part 52 

continues to read as follows: 

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

§§ 52.35, 52.36, 52.440, 52.441, 52.484, 

52.485, 52.984, 52.1186, 52.1187, 52.1584, 

52.1585, 52.2240, 52.2241, 52.2283, 52.2284, 

52.2587, and 52.2588 [Amended] 

■ 6. Part 52 is amended by removing 

‘‘2012’’ and adding in its place ‘‘2015’’ 

in the following places: 

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

■ b. Section 52.36(e)(2); 

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

■ d. Section 52.441(b)(2); 

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

■ f. Section 52.485(b)(2); 

■ g. Section 52.984(c)(2) through (4); 

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

■ i. Section 52.1187(b)(2); 

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

■ k. Section 52.1585(b)(2); 

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

■ m. Section 52.2241(b)(2); 

■ n. Section 52.2283(b)(2) and (3); 

■ o. Section 52.2284(b)(2); 

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

and 

■ q. Section 52.2588(b)(2). 

§§ 52.35, 52.36, 52.440, 52.441, 52.484, 

52.485, 52.984, 52.1186, 52.1187, 52.1584, 

52.1585, 52.2240, 52.2241, 52.2283, 52.2284, 

52.2587, and 52.2588 [Amended] 

■ 7. Part 52 is further amended by 

removing ‘‘December 31, 2011’’ and 

adding in its place ‘‘December 31, 2014’’ 

in the following places: 

■ a. Section 52.35(f)(1) introductory 

text; 

■ b. Section 52.36(e)(1) introductory 

text; 

■ c. Section 52.440(c)(1) introductory 

text; 

■ d. Section 52.441(b)(1) introductory 

text; 

■ e. Section 52.484(c)(1) introductory 

text; 

■ f. Section 52.485(b)(1) introductory 

text; 

■ g. Section 52.984(c)(1) introductory 

text; 

■ h. Section 52.1186(c)(1) introductory 

text; 

■ i. Section 52.1187(b)(1) introductory 

text; 

■ j. Section 52.1584(c)(1) introductory 

text; 

■ k. Section 52.1585(b)(1) introductory 

text; 

■ l. Section 52.2240(c)(1) introductory 

text; 

■ m. Section 52.2241(b)(1) introductory 

text; 

■ n. Section 52.2283(b)(1) introductory 

text; 

■ o. Section 52.2284(b)(1) introductory 

text; 

■ p. Section 52.2587(c)(1) introductory 

text; and 

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

text. 

§§ 52.35, 52.440, 52.484, 52.984, 52.1186, 

52.1584, 52.2240, 52.2283, and 52.2587 

[Amended] 

■ 8. Part 52 is further amended by 

removing ‘‘November 7, 2011’’ and 

adding in its place March 3, 2015’’ in 

the following places: 

■ a. Section 52.35(f)(3) and (4); 

■ b. Section 52.440(c)(3) and (4); 

■ c. Section 52.484(c)(3) and (4); 

■ d. Section 52.984(c)(3) and (4); 

■ e. Section 52.1186(c)(3) and (4); 

■ f. Section 52.1584(c)(3) and (4); 

■ g. Section 52.2240(c)(3) and (4); 

■ h. Section 52.2283(b)(3); and 

■ i. Section 52.2587(c)(3) and (4). 

§§ 52.38 and 52.39 [Amended] 

■ 9. Sections 52.38 and 52.39 are 

amended as follows: 

■ a. By removing ‘‘2020’’ wherever it 

appears and adding in its place ‘‘2023’’; 

■ b. By removing ‘‘2019’’ wherever it 

appears and adding in its place ‘‘2022’’; 

■ c. By removing ‘‘2018’’ wherever it 

appears and adding in its place ‘‘2021’’; 

■ d. By removing ‘‘2017’’ wherever it 

appears and adding in its place ‘‘2020’’; 

■ e. By removing ‘‘2016’’ wherever it 

appears and adding in its place ‘‘2019’’; 

■ f. By removing ‘‘2015’’ wherever it 

appears and adding in its place ‘‘2018’’; 

■ g. By removing ‘‘2014’’ wherever it 

appears and adding in its place ‘‘2017’’; 

■ h. By removing ‘‘2013’’ wherever it 

appears and adding in its place ‘‘2016’’; 

and 

■ i. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’. 

PART 97—FEDERAL NOX BUDGET 

TRADING PROGRAM AND CAIR NOX

AND SO2 TRADING PROGRAMS 

■ 10. The authority citation for part 97 

continues to read as follows: 

Authority: 42 U.S.C. 7401, 7403, 7410, 

7426, 7601, and 7651, et seq. 


tkelley on DSK3SPTVN1PROD with RULES
71672 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

§§ 97.406, 97.506, 97.606, and 97.706 

[Amended] 

■ 11. Sections 97.406, 97.506, 97.606, 

and 97.706 are amended as follows: 

■ a. By removing ‘‘2014’’ wherever it 

appears and adding in its place ‘‘2017’’; 

and 

■ b. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’. 

§§ 97.410, 97.510, 97.610, and 97.710 

[Amended] 

■ 12. Sections 97.410, 97.510, 97.610, 

and 97.710 are amended as follows: 

■ a. By removing ‘‘2014’’ wherever it 

appears and adding in its place ‘‘2017’’; 

■ b. By removing ‘‘2013’’ wherever it 

appears and adding in its place ‘‘2016’’; 

and 

■ c. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’. 

§§ 97.411, 97.511, 97.611, and 97.711 

[Amended] 

■ 13. Sections 97.411, 97.511, 97.611, 

and 97.711 are amended as follows: 

■ a. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’; 

and 

■ b. By removing ‘‘after 2011’’ wherever 

it appears and adding in its place ‘‘after 

2014’’. 

§§ 97.412, 97.512, 97.612, and 97.712 

[Amended] 

■ 14. Sections 97.412, 97.512, 97.612, 

and 97.712 are amended by removing 

‘‘2012’’ wherever it appears and adding 

in its place ‘‘2015’’. 

§§ 97.421, 97.521, 97.621, and 97.721 

[Amended] 

■ 15. Sections 97.421, 97.521, 97.621, 

and 97.721 are amended as follows: 

■ a. By removing ‘‘2019’’ wherever it 

appears and adding in its place ‘‘2022’’; 

■ b. By removing ‘‘2018’’ wherever it 

appears and adding in its place ‘‘2021’’; 

■ c. By removing ‘‘2017’’ wherever it 

appears and adding in its place ‘‘2020’’; 

■ d. By removing ‘‘2016’’ wherever it 

appears and adding in its place ‘‘2019’’; 

■ e. By removing ‘‘2015’’ wherever it 

appears and adding in its place ‘‘2018’’; 

■ f. By removing ‘‘2014’’ wherever it 

appears and adding in its place ‘‘2017’’; 

■ g. By removing ‘‘2013’’ wherever it 

appears and adding in its place ‘‘2016’’; 

and 

■ h. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’. 

§§ 97.425, 97.525, 97.625, and 97.725 

[Amended] 

■ 16. Sections 97.425, 97.525, 97.625, 

and 97.725 are amended by removing 

‘‘2015’’ wherever it appears and adding 

in its place ‘‘2018’’. 

§§ 97.430, 97.530, 97.630, and 97.730 

[Amended] 

■ 17. Sections 97.430, 97.530, 97.630, 

and 97.730 are amended as follows: 

■ a. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’; 

and 

■ b. By removing ‘‘July 1, 2011’’ 

wherever it appears and adding in its 

place ‘‘July 1, 2014’’. 

§§ 97.434, 97.534, 97.634, and 97.734 

[Amended] 

■ 18. Sections 97.434, 97.534, 97.634, 

and 97.734 are amended as follows: 

■ a. By removing ‘‘2012’’ wherever it 

appears and adding in its place ‘‘2015’’; 

■ b. By removing ‘‘the third or fourth 

quarter of 2011’’ wherever it appears 

and adding in its place ‘‘the third or 

fourth quarter of 2014’’; and 

■ c. By removing ‘‘July 1, 2011’’ 

wherever it appears and adding in its 

place ‘‘July 1, 2014’’. 

[FR Doc. 2014–28286 Filed 12–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0747; FRL–9919–83– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

September 17, 2014, to revise the 

Indiana state implementation plan (SIP). 

The submission revises the Indiana 

Administrative Code (IAC) definition of 

‘‘References to the Code of Federal 

Regulations,’’ from the 2011 edition to 

the 2013 edition. There is also a revised 

definition of ‘‘Board.’’ 

DATES: This rule is effective on February 

2, 2015, unless EPA receives adverse 

comments by January 2, 2015. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0747 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2014– 

0747. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov 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. 

Docket: All documents in the docket 

are listed in the 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 


tkelley on DSK3SPTVN1PROD with RULES