Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51131 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 23, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: August 10, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Add § 52.746 to subpart O to read 

as follows: 

§ 52.746 Control strategy: Lead (Pb). 

(a) Based upon EPA’s review of the air 

quality data for the 3-year period 2012 

to 2014, EPA determined that the 

Chicago, Illinois lead nonattainment 

area attained the 2008 Lead National 

Ambient Air Quality Standard 

(NAAQS). This clean data 

determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2008 lead 

NAAQS. 

(b) [Reserved] 

■ 3. Add § 52.1238 to subpart Y to read 

as follows: 

§ 52.1238 Control strategy: Lead (Pb). 

(a) Based upon EPA’s review of the air 

quality data for the 3-year period 2012 

to 2014, EPA determined that the Eagan, 

Minnesota lead nonattainment area 

attained the 2008 Lead National 

Ambient Air Quality Standard 

(NAAQS). This clean data 

determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2008 lead 

NAAQS. 

(b) [Reserved] 

[FR Doc. 2015–20775 Filed 8–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0556; FRL–9932–95– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Missouri; Cross-State Air Pollution 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Missouri in a letter dated 

March 30, 2015. This SIP revision 

provides Missouri’s state-determined 

allowance allocations for existing 

electric generating units (EGUs) in the 

state for the 2016 control periods and 

replaces certain allowance allocations 

for the 2016 control periods established 

by EPA under the Cross-State Air 

Pollution Rule (CSAPR). The CSAPR 

addresses the ‘‘good neighbor’’ 

provision of the Clean Air Act (CAA or 

Act) that requires states to reduce the 

transport of pollution that significantly 

affects downwind air quality. In this 

final action EPA is approving Missouri’s 

SIP revision, incorporating the statedetermined allocations for the 2016 

control periods into the SIP, and 

amending the regulatory text of the 

CSAPR Federal Implementation Plan 

(FIP) to reflect this approval and 

inclusion of the state-determined 

allocations. EPA is taking direct final 

action to approve Missouri’s SIP 

revision because it meets the 

requirements of the CAA and the 

CSAPR requirements to replace EPA’s 

allowance allocations for the 2016 

control periods. This action is being 

taken pursuant to the CAA and its 

implementing regulations. EPA’s 

allocations of CSAPR trading program 

allowances for Missouri for control 

periods in 2017 and beyond remain in 

place until the State submits and EPA 

approves state-determined allocations 

for those control periods through 

another SIP revision. The CSAPR FIPs 

for Missouri remain in place until such 

time as the State decides to replace the 

FIPs with a SIP revision. 

DATES: This direct final rule will be 

effective October 5, 2015, without 

further notice, unless EPA receives 

adverse comment by September 23, 

2015. If EPA receives adverse comment, 

we 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–R07– 

OAR–2015–0556, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Kemp.lachala@epa.gov 

3. Mail or Hand Delivery: Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0556. EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 


rmajette on DSK2VPTVN1PROD with RULES
51132 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 

1Federal Implementation Plans: Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals; August 8, 2011 (76 FR 

48208). 

2The CSAPR is implemented in two Phases (I and 

II) with Phase I referring to 2015 and 2016 control 

periods, and Phase II consisting of 2017 and beyond 

control periods. 

3Rule To Reduce Interstate Transport of Fine 

Particulate Matter and Ozone (Clean Air Interstate 

Rule); Revisions to Acid Rain Program; Revisions to 

the NOX SIP Call; May 12, 2005 (70 FR 25162). 

4North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), modified on reh’g, 550 F.3d 1176 (D.C. Cir. 

2008). 

5The CSAPR obligations related to ozone-season 

NOX emissions for five states, including Missouri, 

were established in a separate rule referred to here 

as the Supplemental Rule. Federal Implementation 

Plans for Iowa, Michigan, Missouri, Oklahoma, and 

Wisconsin and Determination for Kansas Regarding 

Interstate Transport of Ozone; December 27, 2011 

(76 FR 80760). 

6National Ambient Air Quality Standards for 

Particulate Matter; July 18, 1997 (62 FR 36852). 7National Ambient Air Quality Standards for 

Particulate Matter; October 17, 2006 (71 FR 61144). 

8National Ambient Air Quality Standards for 

Ozone; July 18, 1997 (62 FR 38856). 

9On July 28, 2015, the DC Circuit, issued an 

opinion upholding CSAPR, but remanding without 

vacatur certain state emissions budgets to EPA for 

reconsideration. EME Homer City Generation, L.P. 

v. EPA, No. 11–1302, slip op. CSAPR 

implementation at this time remains unaffected by 

the court decision, and EPA will address the 

remanded emissions budgets in a separate 

rulemaking. Moreover, Missouri’s emissions 

budgets were not among those remanded to EPA for 

reconsideration. 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 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, i.e., 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 form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7214 or by email at 

Kemp.lachalasa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. 2016 CSAPR SIPs 

III. What is EPA’s analysis of Missouri’s 

submission? 

IV. Final Action 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve revisions to the SIP submitted 

by the State of Missouri in a letter dated 

March 30, 2015, that modifies the 

allocations of annual and ozone season 

NOX allowances established by EPA 

under the CSAPR FIPs for existing EGUs 

for the 2016 control periods.1 The 

CSAPR allows a subject state, instead of 

EPA, to allocate allowances under the 

SO2 annual, NOX annual, and NOX

ozone season trading programs to 

existing EGUs in the State for the 2016 

control periods provided that the state 

meets certain regulatory requirements.2

EPA issued the CSAPR on August 8, 

2011, to address CAA section 

110(a)(2)(D)(i)(I) requirements 

concerning the interstate transport of air 

pollution and to replace the Clean Air 

Interstate Rule 3 (CAIR), which the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit) remanded to EPA for 

replacement.4 EPA found that emissions 

of SO2 and NOX in 28 eastern, 

midwestern, and southern states 5

contribute significantly to 

nonattainment or interfere with 

maintenance in one or more downwind 

states with respect to one or more of 

three air quality standards—the annual 

PM2.5 NAAQS promulgated in 1997 6 (15 

micrograms per cubic meter (mg/m3)), 

the 24-hour PM2.5 NAAQS promulgated 

in 2006 7 (35 mg/m3), and the 8-hour 

ozone NAAQS promulgated in 1997 8

(0.08 parts per million). The CSAPR 

identified emission reduction 

responsibilities of upwind states, and 

also promulgated enforceable FIPs to 

achieve the required emission 

reductions in each of these states 

through cost effective and flexible 

requirements for power plants. 

Missouri is subject to the FIPs that 

implement the CSAPR and require 

certain EGUs to participate in the EPAadministered federal SO2 annual, NOX

annual, and NOX ozone season cap-and 

trade programs.9 Missouri’s March 30, 

2015, SIP revision allocates allowances 

under the CSAPR to existing EGUs in 

the State for the 2016 control periods 

only. Missouri’s SIP revision includes 

state-determined allocations for the 

CSAPR NOX annual and NOX ozone 

season trading programs, and complies 

with the 2016 NOX allowance allocation 

SIP requirements set forth at 40 CFR 

52.38. Pursuant to these regulations, a 

state may replace EPA’s CSAPR NOX

allowance allocations for existing EGUs 

for the 2016 control periods provided 

that the state submits a timely SIP 

revision containing those allocations to 

EPA that meets the requirements in 40 

CFR 52.38. 

Through this action, EPA is approving 

Missouri’s March 30, 2015 SIP revision, 

incorporating the allocations into the 

SIP, and amending the CSAPR FIP’s 

regulatory text for Missouri at 40 CFR 

52.1326 to reflect this approval and 

inclusion of the state-determined 

allowance allocations for the 2016 

control periods. EPA’s allocations of 

CSAPR trading program allowances for 

Missouri for control periods in 2017 and 

beyond remain in place until the State 

submits and EPA approves statedetermined allocations for those control 

periods through another SIP revision. 

EPA is not making any other changes to 

the CSAPR FIPs for Missouri in this 

action. The CSAPR FIPs for Missouri 


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Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51133 

10States can also submit SIP revisions to replace 

EPA-determined, existing-unit allocations with 

state-determined allocations for control periods 

after 2016 via a separate process described at 40 

CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 

52.39(e), (f), (h), and (i). 

11For the five states (Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin) covered in the 

Supplemental Rule in the case of ozone season 

NOX, March 6, 2012, was originally the date by 

which notifications of intentions to submit state 

allocations were due to the Administrator, but that 

date was later delayed to March 6, 2015. See 76 FR 

80760 and 79 FR 71671. 

12The docket for today’s action contains 

Missouri’s October 17, 2011 letter notifying EPA of 

its intention to submit a SIP revision with respect 

to allocations of both annual and ozone-season NOX

allowances. 

13Rulemaking To Amend Dates in Federal 

Implementation Plans Addressing Interstate 

Transport of Ozone and Fine Particulate Matter; 

December 3, 2014 (79 FR 71663). 

remain in place until such time the 

State decides to replace the FIPs with a 

SIP revision. EPA is taking direct final 

action to approve Missouri’s March 30, 

2015, SIP submission because it 

complies with the CAA and the CSAPR 

regulations. Below is a summary of the 

provisions allowing a state to submit 

SIP revisions to EPA to modify the 2016 

allowance allocations. For more detailed 

information on the CSAPR, refer to the 

August 8, 2011, preamble and other 

subsequent related rulemakings 

referenced throughout this rulemaking. 

II. 2016 CSAPR SIPs 

The CSAPR allows states to determine 

allowance allocations for 2016 control 

periods through submittal of a complete 

SIP revision that is narrower in scope 

than an abbreviated or full SIP 

submission that states may use to 

replace the FIPs and/or to determine 

allocations for control periods in 2017 

and beyond. Pursuant to the CSAPR, a 

state may adopt and include in a SIP 

revision for the 2016 control period a 

list of units and the amount of 

allowances allocated to each unit on the 

list, provided the list of units and the 

allocations meet specific requirements 

set forth in 40 CFR 52.38(a)(3) and (b)(3) 

for NOX and 52.39(d) and (g) for SO2. If 

these requirements are met, the 

Administrator will approve the SIP 

allowance allocation provisions as 

replacing the comparable provisions in 

40 CFR part 97 for the State. SIP 

revisions under this expedited process 

may only allocate the amount of each 

state budget minus the new unit setaside and the Indian country new unit 

set-aside. For states subject to multiple 

trading programs, options are available 

to submit 2016 state-determined 

allocations for one or more of the 

applicable trading programs while 

leaving unchanged the EPA-determined 

allocations for 2016 in the remaining 

applicable trading programs.10

In developing this procedure, EPA set 

deadlines for submitting the SIP 

revisions for 2016 allocations and for 

recordation of the allocations that 

balanced the need to record allowances 

sufficiently ahead of the control periods 

with the desire to allow state flexibility 

for 2016 control periods. These 

deadlines allow sufficient time for EPA 

to review and approve these SIP 

revisions, taking into account that EPA 

approval must be final and effective 

before the 2016 allocations can be 

recorded and the allowances are 

available for trading. The CSAPR, as 

revised, set a deadline of October 17, 

2011 or March 6, 2015, (in the case of 

allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule) for states to notify 

EPA of their intent to submit these SIP 

revisions.11 See 40 CFR 52.38 and 52.39. 

Twelve states, including Missouri, 

notified EPA by the applicable 

deadlines of their intentions to submit 

SIP revisions affecting 2016 

allocations.12 Pursuant to EPA’s 

December 3, 2014, Interim Final Rule,13

the deadlines to submit these SIPs were 

delayed by three years, making the 

deadline for these twelve states to 

submit a 2016 allocation SIP revision 

April 1, 2015, or October 1, 2015 (in the 

case of allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule). Each state may 

submit a SIP to allocate allowances for 

the 2016 control periods provided it 

meets the following requirements 

pursuant to 40 CFR 52.38 and 52.39: 

• Notify the EPA Administrator by 

October 17, 2011, or March 6, 2015, (in 

the case of allocations of ozone season 

NOX allowances for states covered by 

the Supplemental Rule) of intent to 

submit state allocations for the 2016 

control periods in a format specified by 

the Administrator. See 40 CFR 

52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 

52.39(d)(5)(i), and 52.39(g)(5)(i). 

• Submit to EPA the SIP revision 

modifying allowance allocations for the 

2016 control periods no later than April 

1, 2015, or October 1, 2015 (in the case 

of allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule). See 40 CFR 

52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 

52.39(d)(5)(ii), and 52.39(g)(5)(ii). 

• Provide 2016 state-determined 

allocations only for units within the 

State that commenced commercial 

operation before January 1, 2010. See 40 

CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 

52.39(d)(1), and 52.39(g)(1). 

• Ensure that the sum of the statedetermined allocations is equal to or 

less than the amount of the total state 

budget for 2016 minus the sum of the 

new unit set-aside and the Indian 

country new unit set-aside. See 40 CFR 

52.38(a)(3)(ii), 52.38(b)(3)(ii), 

52.39(d)(2), and 52.39(g)(2). 

• Submit the list of units and the 

2016 state-determined allowance 

allocations as a SIP revision 

electronically to EPA in the format 

specified by the Administrator. See 40 

CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 

52.39(d)(3), and 52.39(g)(3). 

• Confirm that the SIP revision does 

not provide for any changes to the listed 

units or allocations after approval of the 

SIP revision by EPA and does not 

provide for any change to any allocation 

determined and recorded by the 

Administrator under subpart AAAAA, 

BBBBB, CCCCC, or DDDDD of 40 CFR 

part 97. See 40 CFR 52.38(a)(3)(iv), 

52.38(b)(3)(iv), 52.39(d)(4), and 

52.39(g)(4). 

Additionally, these limited SIP 

revisions for the 2016 state-determined 

allocations are required to comply with 

SIP completeness elements set forth in 

40 CFR part 51, appendix V (i.e., 

conduct adequate public notice of the 

submission, provide evidence of legal 

authority to adopt SIP revisions, and 

ensure that the SIP is submitted to EPA 

by the State’s Governor or his/her 

designee). If a state submits to EPA a 

2016 CSAPR SIP revision meeting all 

the above-described requirements, 

including compliance with the 

applicable notification and submission 

deadlines, and EPA approves the SIP 

submission by October 1, 2015 (or April 

1, 2016, in the case of allocations of 

ozone season NOX allowances for states 

covered by the Supplemental Rule), 

EPA will record state-determined 

allocations for 2016 by October 1, 2015 

(or April 1, 2016) into the Allowance 

Management System (AMS). Missouri’s 

March 30, 2015 SIP submission 

addresses the aforementioned 

requirements allowing a state to allocate 

2016 CSAPR allowances for the annual 

and ozone season NOX trading 

programs. EPA’s analysis of Missouri’s 

SIP submission is explained below in 

section III. 

III. What is EPA’s analysis of Missouri’s 

SIP submission? 

On March 30, 2015, Missouri 

submitted a SIP revision intended to 

replace the CSAPR FIP allocations of the 

CSAPR NOX annual and ozone season 

allowances for the 2016 control periods. 

For approval, this SIP revision must 

meet the applicable requirements found 

in 40 CFR 52.38(a)(3) and (b)(3) 

described above. The following is a list 

of criteria under 40 CFR 52.38(a)(3) and 


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51134 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 

14The abbreviation ‘‘TR’’ in certain legal terms 

used in the CSAPR trading programs, including the 

legal terms for the trading program allowances, 

stands for ‘‘Transport Rule,’’ an earlier name for the 

CSAPR. 

15The October 17, 2011, letter submitted to EPA 

by Missouri also indicates that the State intended 

to submit a SIP revision for allocating TR SO2

Group 1 allowances. After that letter was submitted 

the State decided not to submit a SIP revision for 

the TR SO2 Group 1 allocations for the 2016 control 

period. 

16The CSAPR does not establish Indian country 

new unit set-asides of TR NOX Annual allowances 

for Missouri. 

17The CSAPR does not establish Indian country 

new unit set-asides of TR NOX Ozone Season 

allowances for Missouri. 

(b)(3) and 52.39(d) and (g), described in 

section II of this document, and the 

results of EPA’s analysis of Missouri’s 

SIP revision: 

A. Notification from a State to EPA 

must be received by October 17, 2011, 

or March 6, 2015 (in the case of 

allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule), of its intent to 

submit a complete SIP revision for 2016 

existing unit allocations (40 CFR 

52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 

52.39(d)(5)(i), and 52.39(g)(5)(i)). 

On October 17, 2011, Missouri 

notified EPA via a letter of the State’s 

intent to submit complete SIP revisions 

for allocating TR NOX Annual and TR 

NOX Ozone Season allowances 14 to 

existing units (i.e., units that 

commenced commercial operation 

before January 1, 2010) for the second 

implementation year of the CSAPR 

trading programs.15

B. A complete SIP revision must be 

submitted to EPA no later than April 1, 

2015, or October 1, 2015, in the case of 

ozone season NOX SIP revisions for 

states covered by the December 27, 2011 

Supplemental Rule (76 FR 80760) (40 

CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 

52.39(d)(5)(ii), and 52.39(g)(5)(ii)). 

EPA has reviewed the March 30, 2015 

submittal from Missouri and found it to 

be complete. This submittal addressed 

the allocations of both NOX annual 

allowances and NOX ozone season 

allowances (even though Missouri’s 

submittal deadline with respect to NOX

ozone season allowances was October 1, 

2015, rather than April 1, 2015). This 

submittal satisfies the applicable 

elements of SIP completeness set forth 

in appendix V to 40 CFR part 51. 

C. The SIP revision should include a 

list of TR NOX Annual, TR NOX Ozone 

Season, TR SO2 Group 1 or Group 2 

units, whichever is applicable, that are 

in the State and commenced 

commercial operation before January 1, 

2010 (40 CFR 52.38(a)(3)(i), 

52.38(b)(3)(i), 52.39(d)(1), and 

52.39(g)(1)). 

As part of Missouri’s SIP revision, the 

State submitted a list of units to be 

allocated TR NOX Annual and TR NOX

Ozone Season allowances for the 2016 

control periods. The list identifies the 

same units as were identified in the 

notice of data availability (NODA) 

published by EPA on December 3, 2014 

(79 FR 71674). Hence, EPA has 

determined that each unit on the list 

submitted by Missouri as part of the SIP 

revision is located in the State of 

Missouri and had commenced 

commercial operation before January 1, 

2010. 

D. The total amount of TR NOX

Annual, TR NOX Ozone Season, or TR 

SO2 Group 1 or Group 2 allowance 

allocations, whichever is applicable, 

must not exceed the amount, under 40 

CFR 97.410(a), 97.510(a), 97.610(a), or 

97.710(a), whichever is applicable, for 

the State and the control periods in 

2016, of the TR NOX Annual, TR NOX

Ozone Season, TR SO2 Group 1 or 

Group 2 trading budget minus the sum 

of the new unit set-aside and Indian 

country new unit set-aside (40 CFR 

52.38(a)(3)(ii), 52.38(b)(3)(ii), 

52.39(d)(2), and 52.39(g)(2)). 

As amended, the CSAPR established 

the NOX annual budget and new unit 

set-aside for Missouri for the 2016 

control periods as 52,400 tons and 3,144 

tons, respectively, and established the 

NOX ozone season budget and new unit 

set-aside for Missouri for the 2016 

control periods as 22,788 tons and 1,367 

tons, respectively. Missouri’s SIP 

revision, for approval in this action, 

does not affect these budgets, which are 

total amounts of allowances available 

for allocation for the 2016 control 

periods under the EPA-administered 

cap-and-trade programs under the 

CSAPR FIPs. In short, the abbreviated 

SIP revision only affects allocations of 

allowances under the established state 

budgets. 

The Missouri SIP revision allocating 

TR NOX Annual allowances for the 2016 

control period does not establish 

allocations exceeding the amount of the 

budget under § 97.410(a) minus the new 

unit set-aside (52,400 tons—3,144 tons = 

49,256 tons).16 The Missouri SIP 

revision allocates 49,251 TR NOX

Annual allowances to existing units in 

the State. EPA will place the five 

unallocated allowances from the 

Missouri CSAPR 2016 budget for 

existing units into the TR NOX Annual 

new unit set-aside for the 2016 control 

period. 

The Missouri SIP revision allocating 

TR NOX Ozone Season allowances for 

the 2016 control period does not 

establish allocations exceeding the 

amount of the budget under § 97.510(a) 

minus the new unit set-aside (22,788 

tons—1,367 tons = 21,421 tons).17 The 

Missouri SIP revision allocates 21,418 

TR NOX Ozone Season allowances to 

existing units in the State. EPA will 

place the three unallocated allowances 

from the Missouri CSAPR 2016 budget 

into the TR NOX Ozone Season new unit 

set-aside for the 2016 control period. 

E. The list should be submitted 

electronically in the format specified by 

the EPA (40 CFR 52.38(a)(3)(iii), 

52.38(b)(3)(iii), 52.39(d)(3), and 

52.39(g)(3)). 

On March 30, 2015, EPA received an 

email submittal from Missouri in the 

EPA-approved format. 

F. The SIP revision should not 

provide for any changes to the listed 

units or allocations after approval of the 

SIP revision and should not provide for 

any change to any allocation determined 

and recorded by the Administrator 

under subpart AAAAA, BBBBB, CCCCC, 

or DDDDD of 40 CFR part 97 (40 CFR 

52.38(a)(3)(iv), 52.38(b)(3)(iv), 

52.39(d)(4), and 52.39(g)(4)). 

The Missouri SIP revision does not 

provide for any changes to the listed 

units or allocations after approval of the 

SIP revision and does not provide for 

any change to any allocation determined 

and recorded by the Administrator 

under subpart AAAAA, BBBBB, CCCCC, 

or DDDDD of 40 CFR part 97. 

For the reasons discussed above, 

Missouri’s SIP revision complies with 

the 2016 allowance allocation SIP 

requirements established in the CSAPR 

FIPs as codified at 40 CFR 52.38. 

Through this action, EPA is approving 

Missouri’s March 30, 2015, SIP revision, 

incorporating the allocations into the 

SIP, and amending the CSAPR FIPs’ 

regulatory text for Missouri at 40 CFR 

52.1326 to reflect this approval and 

inclusion of the state-determined 

allowance allocations for the 2016 

control periods. EPA is not making any 

other changes to the CSAPR FIPs for 

Missouri in this action. EPA is taking 

final action to approve Missouri’s March 

30, 2015 SIP revision because it is in 

accordance with the CAA and its 

implementing regulations. 

IV. Final Action 

EPA is taking final action to approve 

Missouri’s March 30, 2015, CSAPR SIP 

revisions that provide Missouri’s statedetermined allowance allocations for 

existing EGUs in the State for the 2016 

control periods to replace certain 

allowance allocations for the 2016 

control periods established by EPA 

under the CSAPR. Consistent with the 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51135 

flexibility given to states in the CSAPR 

FIPs at 40 CFR 52.38, Missouri’s SIP 

revision allocates allowances to existing 

EGUs in the State under the CSAPR’s 

NOX annual and NOX ozone season 

trading programs. Missouri’s SIP 

revision meets the applicable 

requirements in 40 CFR 52.38 for NOX

annual and NOX ozone season 

allowance allocations for the 2016 

control periods. EPA is approving 

Missouri’s SIP revision because it is in 

accordance with the CAA and its 

implementing regulations. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective October 5, 2015 

without further notice unless the 

Agency receives adverse comments by 

September 23, 2015. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on October 5, 2015 

and no further action will be taken on 

the proposed rule. 

Statutory and Executive Order Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 23, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 12, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(e) is amended by adding entry (66) at 

the end of the table to read as follows: 

* * * * * 

(e) * * * 


rmajette on DSK2VPTVN1PROD with RULES
51136 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 

EPA–APPROVED MISSOURI NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic 

area or nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(66) Cross State Air Pollution Rule—State-Determined Allowance Allocations for the 2016 control periods.Statewide ...................... 3/30/15 8/24/15 and [Insert Federal Register citation].

■ 3. Section 52.1326 is amended by 

adding paragraphs (a)(3) and (b)(3) to 

read as follows: 

§ 52.1326 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

(a) * * * 

(3) Pursuant to § 52.38(a)(3), 

Missouri’s state-determined TR NOX

Annual allowance allocations 

established in the March 30, 2015, SIP 

revision replace the unit-level TR NOX

Annual allowance allocation provisions 

of the TR NOX Annual Trading Program 

at 40 CFR 97.411(a) for the State for the 

2016 control period with a list of TR 

NOX Annual units that commenced 

operation prior to January 1, 2010, in 

the State and the state-determined 

amount of TR NOX Annual allowances 

allocated to each unit on such list for 

the 2016 control period, as approved by 

EPA on August 24, 2015, [Insert Federal 

Register citation]. 

(b) * * * 

(3) Pursuant to § 52.38(b)(3), 

Missouri’s state-determined TR NOX

Ozone Season allowance allocations 

established in the March 30, 2015, SIP 

revision replace the unit-level TR NOX

Ozone Season allowance allocation 

provisions of the TR NOX Ozone Season 

Trading Program at 40 CFR 97.511(a) for 

the State for the 2016 control period 

with a list of TR NOX Ozone Season 

units that commenced operation prior to 

January 1, 2010, in the State and the 

state-determined amount of TR NOX

Ozone Season allowances allocated to 

each unit on such list for the 2016 

control period, as approved by EPA on 

August 24, 2015, [Insert Federal 

Register citation]. 

[FR Doc. 2015–20774 Filed 8–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; FRL–9932–65– 

Region 5] 

Air Plan Approval; Michigan and 

Wisconsin; 2006 PM2.5 NAAQS PSD 

and Visibility Infrastructure SIP 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

state implementation plan (SIP) 

submissions from Michigan regarding 

Prevention of Significant Deterioration 

(PSD) and Wisconsin regarding 

visibility infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2006 fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This direct final rule will be 

effective October 23, 2015, unless EPA 

receives adverse comments by 

September 23, 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–2009–0805 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance 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. EPA–R05–OAR–2009–0805. 

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 


rmajette on DSK2VPTVN1PROD with RULES