57272 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0313; FRL–9934–49- 

Region 4] 

Approval and Promulgation of 

Implementation Plans for the State of 

Alabama: Cross-State Air Pollution 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to adverse comments 

received, the Environmental Protection 

Agency (EPA) is withdrawing the direct 

final approval of a revision to the 

Alabama State Implementation Plan 

(SIP), submitted by the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM) on March 27, 

2015. EPA stated in the direct final rule 

that if EPA received adverse comments 

by August 26, 2015, the direct final rule 

would be withdrawn and not take effect. 

DATES: This withdrawal is effective 

September 22, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Bradley’s phone number is (404) 562– 

9352. She can also be reached via 

electronic mail at bradley.twunjala@

epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

27, 2015, EPA published direct final and 

proposed rulemaking notices to approve 

a SIP revision submitted by the State of 

Alabama through ADEM on March 27, 

2015. See 80 FR 44292 and 80 FR 44320. 

Alabama’s March 27, 2015, SIP revision 

provides state-determined allowance 

allocations for existing electric 

generating units in Alabama for the 

2016 control periods and replaces the 

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 that requires states to reduce the 

transport of pollution that significantly 

affects downwind nonattainment and 

maintenance areas. In the July 27, 2015, 

notices, EPA stated that if adverse 

comments were received by August 26, 

2015, EPA would publish a notice in the 

Federal Register withdrawing the final 

rule and informing the public that the 

rule would not take effect. EPA received 

a single adverse comment on the 

proposed rulemaking and is 

withdrawing the direct final rule. EPA 

will address the adverse comment in a 

final action based upon the proposed 

rulemaking action published on July 27, 

2015 (80 FR 44320). As stated in the 

proposed rulemaking, EPA will not 

institute a second comment period on 

this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 11, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

Accordingly, the amendments to 40 

CFR 52.50, 52.54 and 52.55 published in 

the Federal Register on July 27, 2015 

(80 FR 44292), which were to become 

effective on September 25, 2015, are 

withdrawn. 

[FR Doc. 2015–24050 Filed 9–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0313; FRL–9934–50– 

Region 4] 

Approval and Promulgation of 

Implementation Plans for the State of 

Alabama: Cross-State Air Pollution 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the State of Alabama’s March 

27, 2015, State Implementation Plan 

(SIP) revision, submitted by the 

Alabama Department of Environmental 

Management (ADEM). This SIP revision 

provides Alabama’s state-determined 

allowance allocations for existing 

electric generating units (EGUs) in the 

State for the 2016 control periods and 

replaces the 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 Alabama’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’s allocations of CSAPR 

trading program allowances for Alabama 

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 Alabama remain in 

place until such time as the State 

decides to replace the FIPs with a SIP 

revision. 

DATES: This rule will be effective 

September 22, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0313. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

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

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Twunjala Bradley can be reached by 

phone at (404) 562–9352 or via 

electronic mail at bradley.twunjala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is taking final action to approve 

Alabama’s March 27, 2015, SIP revision 


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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). 

5National Ambient Air Quality Standards for 

Particulate Matter; July 18, 1997 (62 FR 36852). 

6National Ambient Air Quality Standards for 

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

7National Ambient Air Quality Standards for 

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

8On 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. While Alabama’s SO2 emissions budget 

for phase 2 (i.e., control periods in 2017 and 

subsequent years) was among the budgets remanded 

to EPA for reconsideration, this SIP revision 

concerns allowance allocations only for the 2016 

control periods, which are part of phase 1. 

9As noted in the July 27, 2015, notice of proposed 

rulemaking (80 FR 44320), EPA’s detailed analysis 

of Alabama’s SIP revision is provided in the direct 

final rulemaking published on July 27, 2015 (80 FR 

44292). EPA incorporates that analysis herein by 

reference. 

submitted by ADEM that modifies the 

allocations of 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 

sulfur dioxide (SO2) annual, nitrogen 

oxides (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 which the 

United States Court of Appeals for the 

District of Columbia Circuit (DC Circuit) 

remanded to EPA for replacement.4 EPA 

found that emissions of SO2 and NOX in 

28 eastern, midwestern, and southern 

states 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 5 (15 

micrograms per cubic meter (mg/m3)), 

the 24-hour PM2.5 NAAQS promulgated 

in 2006 6 (35 mg/m3), and the 8-hour 

ozone NAAQS promulgated in 1997 7

(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. 

Alabama 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.8 Alabama’s March 27, 

2015, SIP revision allocates allowances 

under the CSAPR to existing EGUs in 

the State for the 2016 control periods 

only. Alabama’s SIP revision includes 

state-determined allocations for the 

CSAPR NOX annual, NOX ozone season, 

and SO2 Group 2 annual trading 

programs, and complies with the 2016 

NOX allowance allocation SIP 

requirements and the 2016 SO2

allowance allocation SIP requirements 

set forth at 40 CFR 52.38 and 52.39, 

respectively. Pursuant to these 

regulations, a state may replace EPA’s 

CSAPR 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 and 

52.39. 

On July 27, 2015, EPA published 

direct final and proposed rulemaking 

notices to approve Alabama’s March 27, 

2015, SIP revision. See 80 FR 44292 and 

80 FR 44320.9 In these notices, EPA 

stated that if adverse comments were 

received by August 26, 2015, EPA 

would publish a notice in the Federal 

Register withdrawing the final rule and 

informing the public that the rule would 

not take effect. EPA received a single 

adverse comment on August 26, 2015, 

and has withdrawn the direct final rule. 

In the July 27, 2015, notices, EPA 

informed the public that adverse 

comments would be addressed in a final 

action based upon the proposed rule 

published on July 27, 2015 (80 FR 

44320). EPA is responding to the 

adverse comment in this final action. 

II. Response to Comment 

EPA received one adverse comment 

on its July 27, 2015, proposed rule. This 

anonymous comment is located in the 

docket for this final action. See Docket 

ID: EPA–R04–OAR–2015–0275. A 

summary of the adverse comment and 

EPA’s response are provided below. 

Comment: The Commenter states that 

‘‘these proposed regulations have not 

adequately considered the cost of 

implementation and, as such, should 

not be implemented. Implementation of 

these regulations would almost certainly 

create additional costs for Alabama 

based electric[i]ty producers which 

would be passed along to residential 

and commer[ci]al customers and to 

additional consumers from the greater 

cost of producing goods and services. 

Until the EPA properly quantifies the 

additional cost from this 

implementation and performs the cost 

benefit analysis required by law the 

implementation of this rule should not 

occur.’’ 

Response: EPA disagrees with the 

Commenter because the comments are 

beyond the scope of this action. 

Pursuant to CAA section 110(k)(3), 

EPA’s role in reviewing SIP submissions 

is to review state choices for consistency 

with the applicable requirements of the 

CAA, and EPA must approve a SIP 

revision that meets all applicable 

requirements of the CAA. The 

Commenter has not identified any 

aspect of the Alabama SIP submission 

that is inconsistent with the applicable 

CAA requirements, whether CAA 

section 110(a)(2)(D)(i)(I) or any other 

provision of the Act. EPA notes that it 

evaluated the costs and benefits of the 

implementation of CSAPR during its 

rulemaking process, which was 

conducted in 2010 and 2011. The 

Commenter’s concerns regarding the 

costs of implementing CSAPR are 

therefore untimely because the public 

comment periods regarding the CSAPR 

and its implementation requirements 

have long since closed. The present 

action is limited to the state’s 

modification of the allowance 

allocations under CSAPR to sources 

within the state and does not otherwise 

modify the emission reduction 

obligations (i.e. the emission budgets) or 

implementation requirements finalized 

in CSAPR. 

III. Effective Date of This Action 

EPA is making September 22, 2015 

the effective date of this final action. In 

accordance with 5 U.S.C. 553(d), EPA 

finds there is good cause for this action 

to become effective on September 22, 

2015. The September 22, 2015, effective 

date for this action is authorized under 

5 U.S.C. 553(d)(3), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication, ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ The purpose 

of the 30-day waiting period prescribed 

in section 553(d) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. This rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 


tkelley on DSK3SPTVN1PROD with RULES2
57274 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Rules and Regulations 

rule takes effect. Rather, this final rule 

establishes state-determined allocations 

of allowances for the control periods in 

2016 to existing EGUs in the State under 

the CSAPR’s NOX annual and ozone 

season and SO2 Group 2 trading 

programs. The EGUs whose allowance 

allocations may be changed by this rule 

are already regulated under the CSAPR 

FIPs and do not face any new regulatory 

requirements under this rule. 

Furthermore, EPA must approve 

Alabama’s SIP submission by October 1, 

2015, to ensure that recordation of the 

2016 allowances in the Allowance 

Management System is based on the 

state-determined allocations. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d)(3) for this action to 

become effective on September 22, 

2015. 

IV. Final Action 

EPA is taking final action to approve 

Alabama’s March 27, 2015, CSAPR SIP 

revision that provides Alabama’s statedetermined allocations of allowances for 

existing EGUs in the State for the 2016 

control periods to replace the allowance 

allocations for the 2016 control periods 

established by EPA under CSAPR. 

Consistent with the flexibility given to 

states in the CSAPR FIPs at 40 CFR 

52.38 and 52.39, Alabama’s SIP revision 

establishes state-determined allocations 

of allowances to existing EGUs in the 

State under the CSAPR’s NOX annual 

and ozone season and SO2 Group 2 

annual trading programs. Alabama’s SIP 

revision meets the applicable 

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

(b)(3) for allocations of NOX annual and 

NOX ozone season allowances, 

respectively, and 40 CFR 52.39(g) for 

allocations of SO2 Group 2 annual 

allowances. EPA is amending the 

CSAPR FIP’s regulatory text for 

Alabama at 40 CFR 52.54 and 52.55 to 

reflect this approval and inclusion of 

the state-determined allocations of 

allowances for the 2016 control periods. 

EPA is not making any other changes to 

the CSAPR FIPs for Alabama in this 

action. EPA’s allocations of CSAPR 

trading program allowances for Alabama 

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 Alabama remain in 

place until such time the State decides 

to replace the FIPs with a SIP revision. 

EPA is approving Alabama’s SIP 

revision because it is in accordance with 

the CAA and its implementing 

regulations. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L.104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 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 section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 11, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.50(e) is amended by 

adding an entry for ‘‘Cross State Air 

Pollution Rule—State-Determined 

Allowance Allocations for the 2016 


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control periods’’ at the end of the table 

to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval 

date Explanation 

*******

Cross State Air Pollution Rule—State-Determined Allowance 

Allocations for the 2016 control periods.

Alabama ................................. 3/27/2014 9/22/2015 

■ 3. Section 52.54 is amended by adding 

paragraphs (a)(3) and (b)(3) to read as 

follows: 

§ 52.54 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

(a) * * * 

(3) Pursuant to § 52.38(a)(3), 

Alabama’s state-determined TR NOX

Annual allowance allocations 

established in the March 27, 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 September 22, 2015. 

(b) * * * 

(3) Pursuant to § 52.38(b)(3), 

Alabama’s state-determined TR NOX

Ozone Season allowance allocations 

established in the March 27, 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 

September 22, 2015. 

■ 4. Section 52.55 is amended by adding 

paragraph (c) to read as follows: 

§ 52.55 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of sulfur 

dioxide? 

* * * * * 

(c) Pursuant to § 52.39(g), Alabama’s 

state-determined TR SO2 Group 2 

allowance allocations established in the 

March 27, 2015, SIP revision replace the 

unit-level TR SO2 Group 2 allowance 

allocation provisions of the TR SO2

Group 2 Trading Program at 40 CFR 

97.711(a) for the State for the 2016 

control period with a list of TR SO2

Group 2 units that commenced 

operation prior to January 1, 2010, in 

the State and the state-determined 

amount of TR SO2 Group 2 allowances 

allocated to each unit on such list for 

the 2016 control period, as approved by 

EPA on September 22, 2015. 

[FR Doc. 2015–24051 Filed 9–21–15; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES2