87960 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

1Federal ‘‘Good Neighbor Plan’’ for the 2015 

Ozone National Ambient Air Quality Standards, 88 

FR 36654 (June 5, 2023). 

* * * * * 

■ 3. Amend § 52.2064 by adding 

paragraph (m) to read as follows: 

§ 52.2064 EPA-approved Source-Specific 

Reasonably Available Control Technology 

(RACT) for Volatile Organic Compounds 

(VOC) and Oxides of Nitrogen (NOX). 

* * * * * 

(m) Approval of source-specific RACT 

requirements for 1997 and 2008 8-hour 

ozone national ambient air quality 

standards for the facilities listed in this 

paragraph (m) are incorporated as 

specified. (Rulemaking Docket No. 

EPA–R03–OAR–2024–0302.) 

(1) Keystone Conemaugh Proj LLC/ 

Conemaugh Station—Incorporating by 

reference Permit No. 32–00059, effective 

March 14, 2024, as redacted by 

Pennsylvania, excluding the auxiliary 

boiler limits for all source group 

requirements in section E for G11: 

alternative RACT II for Auxiliary Boilers 

source IDs 039 and 041. See also 

§ 52.2020(d)(1), for prior RACT 

approval. 

(2) Homer City Gen LP/Center TWP— 

Incorporating by reference Permit No. 

32–00055, effective March 14, 2024, as 

redacted by Pennsylvania. See also 

§ 52.2020(d)(1), for prior RACT 

approval. 

(3) Keystone Conemaugh Proj LLC/ 

Keystone Station—Incorporating by 

reference Permit No. 32–00027, effective 

March 14, 2024, as redacted by 

Pennsylvania, excluding the auxiliary 

boiler limits for all source group 

requirements in section E for G11: 

alternative RACT II for Auxiliary Boilers 

source IDs 037 and 038. See also 

§ 52.2020(d)(1), for prior RACT 

approval. 

(4) Montour LLC/Montour SES— 

Incorporating by reference Permit No. 

47–00001, effective March 14, 2024, as 

redacted by Pennsylvania. See also 

§ 52.2020(d)(1), for prior RACT 

approval. 

[FR Doc. 2024–25604 Filed 11–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 97 

[EPA–HQ–OAR–2021–0668; FRL–8670.4– 

03–OAR] 

RIN 2060–AW30 

Federal ‘‘Good Neighbor Plan’’ for the 

2015 Ozone National Ambient Air 

Quality Standards; Response to 

Judicial Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking interim final 

action to stay, for emissions sources in 

California, Illinois, Indiana, Maryland, 

Michigan, New Jersey, New York, Ohio, 

Pennsylvania, Virginia, and Wisconsin, 

the effectiveness of the requirements 

established to address the obligations of 

these and other states to mitigate 

interstate air pollution with respect to 

the 2015 national ambient air quality 

standards (NAAQS) for ozone (the Good 

Neighbor Plan). The EPA is also revising 

certain other regulations to ensure the 

continued implementation of previously 

established requirements to mitigate 

interstate air pollution with respect to 

other ozone NAAQS while the 

effectiveness of the Good Neighbor 

Plan’s requirements is stayed. The stay 

and the associated revisions to other 

regulations are being issued in response 

to a judicial order staying enforcement 

of the Good Neighbor Plan as to the stay 

applicants pending judicial review. 

DATES: This interim final rule is 

effective November 6, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2021–0668. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

David Lifland, Clean Air and Power 

Division, Office of Atmospheric 

Protection, Office of Air and Radiation, 

U.S. Environmental Protection Agency, 

Mail Code 6204A, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone number: (202) 343–9151; 

email address: lifland.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General 

A. Potentially Affected Entities 

This action revises on an interim basis 

the Good Neighbor Plan (the Plan),1

which includes regulations addressing 

emissions from electricity generating 

units (EGUs) and non-EGU industrial 

sources. This action also revises other 

allowance trading program regulations 

that apply to EGUs but not to non-EGU 

sources. The affected sources are 

generally in the following industry 

groups: 

Industry group North American Industry 

Classification System (NAICS) code 

Fossil Fuel Electric Power Generation .................................................................................................... 221112 

Pipeline Transportation of Natural Gas ................................................................................................... 4862 

Cement and Concrete Product Manufacturing ........................................................................................ 3273 

Iron and Steel Mills and Ferroalloy Manufacturing ................................................................................. 3311 

Glass and Glass Product Manufacturing ................................................................................................. 3272 

Basic Chemical Manufacturing ................................................................................................................ 3251 

Petroleum and Coal Products Manufacturing ......................................................................................... 3241 

Pulp, Paper, and Paperboard Mills ......................................................................................................... 3221 

Metal Ore Mining ..................................................................................................................................... 2122 

Solid Waste Combustors and Incinerators .............................................................................................. 562213 

As promulgated, the Plan applied to 

emissions sources in 23 states. The 

effectiveness of the Plan’s requirements 

for sources in Alabama, Arkansas, 

Kentucky, Louisiana, Minnesota, 

Mississippi, Missouri, Nevada, 

Oklahoma, Texas, Utah, and West 

Virginia was stayed in previous actions. 

This action applies to sources in the 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87961 

2Federal ‘‘Good Neighbor Plan’’ for the 2015 

Ozone National Ambient Air Quality Standards; 

Response to Judicial Stays of SIP Disapproval 

Action for Certain States, 88 FR 49295 (July 31, 

2023); Federal ‘‘Good Neighbor Plan’’ for the 2015 

Ozone National Ambient Air Quality Standards; 

Response to Additional Judicial Stays of SIP 

Disapproval Action for Certain States, 88 FR 67102 

(September 29, 2023). 

3The Plan’s emissions reduction requirements 

apply to all emissions sources meeting the Plan’s 

applicability criteria within the borders of each 

covered state, including sources in Indian country 

within the borders of the state. See 88 FR 36690. 

4Cross-State Air Pollution Rule Update for the 

2008 Ozone NAAQS, 81 FR 74504 (October 26, 

2016). 

5Revised Cross-State Air Pollution Rule Update 

for the 2008 Ozone NAAQS, 86 FR 23054 (April 30, 

2021). 6See 88 FR 36844. For some states, participation 

of the states’ EGUs in the Group 3 trading program 

was deemed to address the states’ good neighbor 

obligations with respect to the 1997 ozone NAAQS 

as well. Id. 7Orders, Utah v. EPA, No. 23–1157 (D.C. Cir. 

September 25, 2023, and October 11, 2023); see also 

Order, Utah v. EPA, No. 23–1157 (D.C. Cir. 

December 4, 2023) (denying additional stay 

motions). 

8Ohio v. EPA, No. 23A349 (U.S. docketed 

October 18, 2023) (other named applicants are 

Indiana and West Virginia); Kinder Morgan, Inc. v. 

EPA, No. 23A350 (U.S. docketed October 18, 2023) 

(other named applicants are Enbridge (U.S.) Inc., 

TransCanada PipeLine USA Ltd., Interstate Natural 

Gas Association of America, and American 

Petroleum Institute); American Forest & Paper 

Association v. EPA, No. 23A351 (U.S. docketed 

October 18, 2023) (other named applicants are 

America’s Power, Associated Electric Cooperative, 

Inc., Deseret Power Electric Cooperative, Midwest 

Ozone Group, National Mining Association, 

National Rural Electric Cooperative Association, 

Ohio Valley Electric Corporation, Portland Cement 

Association, and Wabash Valley Power Alliance); 

United States Steel Corporation v. EPA, No. 23A384 

(U.S. docketed October 31, 2023). 

9Ohio v. EPA, 144 S. Ct. 2040, 2058 (2024). 

remaining states covered by the Plan as 

promulgated: California, Illinois, 

Indiana, Maryland, Michigan, New 

Jersey, New York, Ohio, Pennsylvania, 

Virginia, and Wisconsin. 

The information provided in this 

section on potentially affected entities is 

not intended to be exhaustive. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. Statutory Authority 

Statutory authority to issue the 

amendments finalized in this action is 

provided by the same Clean Air Act 

(CAA) provisions that provided 

authority to issue the regulations being 

amended: CAA section 110(a) and (c), 

42 U.S.C. 7410(a) and (c) (state 

implementation plan (SIP) and federal 

implementation plan (FIP) 

requirements, including requirements 

for mitigation of interstate air pollution), 

and CAA section 301, 42 U.S.C. 7601 

(general rulemaking authority). 

Statutory authority for the rulemaking 

procedures followed in this action is 

provided by the Administrative 

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

II. Response to Stay Order 

A. Background and Summary 

CAA section 110(a)(2)(D)(i)(I), also 

known as the ‘‘good neighbor’’ 

provision, requires each state’s SIP to 

include provisions sufficient to 

‘‘prohibit[ ], consistent with the 

provisions of this subchapter, any 

source or other type of emissions 

activity within the State from emitting 

any air pollutant in amounts which 

will—(I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with 

respect to any [NAAQS].’’ The EPA 

often refers to the emissions reduction 

requirements under this provision as 

‘‘good neighbor obligations’’ and 

submissions addressing these 

requirements as ‘‘good neighbor SIPs.’’ 

CAA section 110(c)(1) requires the EPA 

Administrator to promulgate a FIP at 

any time within 2 years after the 

Administrator: (i) finds that a state has 

failed to make a required SIP 

submission; (ii) finds a SIP submission 

to be incomplete pursuant to CAA 

section 110(k)(1)(C); or (iii) disapproves 

a SIP submission. This obligation 

applies unless the state corrects the 

deficiency through a SIP revision that 

the Administrator approves before the 

FIP is promulgated. 

In March 2023, in accordance with 

CAA sections 110(a)(2)(D)(i)(I) and 

110(c)(1), the EPA promulgated the 

Good Neighbor Plan, a rule determining 

the good neighbor obligations of 23 

states with respect to the 2015 ozone 

NAAQS and establishing FIP 

requirements for emissions sources in 

the states to address the states’ 

obligations by reducing emissions of 

nitrogen oxides (NOX), an ozone 

precursor. Following the Plan’s 

promulgation, in response to judicial 

orders partially staying a separate EPA 

action as to several states, the EPA 

issued two sets of interim amendments 

(referred to here as the First and Second 

Interim Final Rules) staying the Plan’s 

effectiveness for emissions sources in 

those states pending further EPA 

rulemaking.2 As modified by the First 

and Second Interim Final Rules, the 

Plan applied to EGUs within the borders 

of Illinois, Indiana, Maryland, Michigan, 

New Jersey, New York, Ohio, 

Pennsylvania, Virginia, and Wisconsin 

and to non-EGU sources within the 

borders of nine of the same ten states 

(all except Wisconsin) as well as 

California.3 For EGUs, the Plan as 

promulgated requires affected sources to 

participate in the CSAPR NOX Ozone 

Season ‘‘Group 3’’ Trading Program as 

amended by the Plan starting with the 

2023 ozone season (the period from May 

1 through September 30 of each year). 

For non-EGU sources, the Plan as 

promulgated establishes source-specific 

compliance requirements that generally 

take effect starting with the 2026 ozone 

season. 

The Plan’s compliance requirements 

for EGUs were coordinated with similar 

trading program-based compliance 

requirements established under two 

earlier EPA rules. Before the Plan was 

promulgated, EGUs in a set of states 

including Wisconsin were addressing 

these states’ good neighbor obligations 

with respect to the 2008 ozone NAAQS 

by participating in the CSAPR NOX

Ozone Season ‘‘Group 2’’ Trading 

Program established under the CSAPR 

Update,4 and EGUs in a set of states 

including Illinois, Indiana, Maryland, 

Michigan, New Jersey, New York, Ohio, 

Pennsylvania, and Virginia were 

addressing those states’ good neighbor 

obligations with respect to the 2008 

ozone NAAQS by participating in the 

pre-Plan version of the Group 3 trading 

program established under the Revised 

CSAPR Update.5 In the Plan, the EPA’s 

previous determinations concerning 

states’ good neighbor obligations with 

respect to the 2008 ozone NAAQS were 

not altered, but the EPA allowed 

participation of the states’ EGUs in the 

Group 3 trading program as amended by 

the Plan to serve as the compliance 

mechanism to address not only the 

EGU-related portions of the states’ good 

neighbor obligations with respect to the 

2015 ozone NAAQS but also the states’ 

previously determined good neighbor 

obligations with respect to the 2008 

ozone NAAQS.6

In October 2023, after failing to obtain 

a stay from the Unites States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit),7 four sets of 

parties submitted emergency 

applications to the United States 

Supreme Court seeking a stay of some 

or all of the Good Neighbor Plan’s 

requirements.8 In an opinion issued on 

June 27, 2024 (referred to here as the 

Stay Order), the Supreme Court granted 

the emergency applications and ordered 

that ‘‘[e]nforcement of EPA’s rule 

against the applicants shall be stayed’’ 

while judicial review of the Plan on the 

merits proceeds, first in the D.C. Circuit 

and then potentially in the Supreme 

Court.9

In this action, the EPA is responding 

to the Stay Order by administratively 

staying the effectiveness of the Plan’s 


khammond on DSKJM1Z7X2PROD with RULES
87962 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

10The applicants named in the four stay 

applications are listed supra note 8. 

11The EPA has already implemented an 

administrative stay as to all EGUs and non-EGU 

sources in West Virginia in the Second Interim 

Final Rule in response to a previous judicial order. 

See 88 FR 67103–04. 

12For example, Midwest Ozone Group has 

represented that its members include American 

Forest & Paper Association, American Iron and 

Steel Institute, American Wood Council, 

Appalachian Region Independent Power Producers 

Association, Council of Industrial Boiler Owners, 

Indiana Energy Association, Indiana Utility Group, 

National Lime Association, Ohio Utility Group, and 

Steel Manufacturers Association. See Midwest 

Ozone Group comments on proposed Good 

Neighbor Plan, at 1 (June 21, 2022) (EPA–HQ–OAR– 

2021–0668–0323), available in the docket. 

13See New York State Club Association v. City of 

New York, 487 U.S. 1, 9–10 (1988). 

14The Agency reaches this conclusion only in 

light of the specific circumstances of the present 

case. The Agency does not view this decision as in 

any way precedential concerning how it would 

interpret, apply, or comply with any future judicial 

stay orders in any future matters, which necessarily 

would entail similarly case-specific review of all of 

the relevant facts and circumstances. 

15The regulatory revisions being adopted in this 

action to implement an administrative stay of the 

effectiveness of the Plan’s requirements for sources 

in 11 states will have no immediate effect on 

sources in the 12 states for which such an 

administrative stay was already implemented in the 

First and Second Interim Final Rules. However, if 

a judicial order that caused the EPA to 

administratively stay the effectiveness of the Plan’s 

requirements for one of the 12 states in the earlier 

rules is lifted, the EPA would not take rulemaking 

action to end the administrative stay for the sources 

in that state while the Supreme Court’s Stay Order 

remains in effect. 

16See 144 S. Ct. at 2053–54 & n.10. 

requirements for all emissions sources 

subject to the Plan as promulgated, not 

just the applicants for a stay before the 

Supreme Court. The Agency’s 

determination on the scope of the 

administrative stay is discussed in 

section II.B. of this document. In 

addition, as discussed in section II.C. of 

this document, the EPA is modifying its 

trading program regulations for EGUs to 

ensure that the existing good neighbor 

obligations of Illinois, Indiana, 

Maryland, Michigan, New Jersey, New 

York, Ohio, Pennsylvania, Virginia, and 

Wisconsin with respect to the 2008 

ozone NAAQS will continue to be met 

while the administrative stay is in 

effect. The approach being taken with 

respect to the EGUs in these states in 

this action is the same as the approach 

taken with respect to the EGUs in 

similarly situated states in the First and 

Second Interim Final Rules. Section 

II.D. of this document describes the 

specific regulatory amendments being 

adopted in this action to implement the 

administrative stay and modify the 

trading programs. 

The amendments to the regulatory 

requirements for EGUs and non-EGU 

sources that are being finalized in this 

action in response to the Stay Order are 

intended to apply on an interim basis 

until the Plan’s requirements can be 

reimplemented, as appropriate and in 

accordance with the final judgment of a 

reviewing court, through a future 

rulemaking action. The EPA generally 

anticipates that any future action 

bringing the Plan’s requirements into 

effect after a stay would phase in the 

requirements so as to provide lead times 

to implement the Plan’s identified 

emissions control strategies comparable 

to the lead times that the Plan would 

have provided in the absence of the 

stay, thereby giving parties sufficient 

time to prepare for implementation. 

B. Scope of Administrative Stay 

The first issue addressed by this 

action concerns the scope of the 

administrative stay being implemented 

in response to the Stay Order, and 

specifically the treatment of emissions 

sources whose owners and operators 

were not among the applicants for a stay 

before the Supreme Court. By its terms, 

the Stay Order extends only to the 

applicants.10 Three of the named 

applicants are states—Ohio, Indiana, 

and West Virginia—and although the 

Good Neighbor Plan imposes no 

requirements on states, the EPA 

interprets the Stay Order as applying to 

all EGUs and non-EGU sources meeting 

the Plan’s applicability criteria that are 

located in these states.11 The named 

industry applicants for a stay include 

several owners of EGUs or non-EGU 

sources expected to meet the Plan’s 

applicability criteria and several trade 

associations, including some trade 

associations whose identified members 

include other trade associations.12

Beyond the individually named 

applicants, the full set of applicants also 

encompasses applicant trade 

associations’ members, which in turn 

includes members of trade associations 

that are applicants by virtue of their 

membership in other applicant trade 

associations.13

Through the members of the applicant 

trade associations, the Stay Order covers 

a broad range of the EGUs and non-EGU 

sources that would otherwise be subject 

to the Plan’s requirements in states 

other than Ohio, Indiana, and West 

Virginia. In the ordinary circumstances, 

if an EPA rule that requires pollution 

reductions becomes subject to a judicial 

stay, the Agency would apply the stay 

by its precise terms, because that 

approach would be expected to preserve 

the rule’s health and environmental 

benefits to the maximum extent possible 

while the stay remains in effect. 

However, in this instance, to continue 

enforcing the Plan’s requirements as to 

emissions sources not owned or 

operated by applicants while staying 

enforcement of the Plan’s requirements 

as to sources owned or operated by 

applicants, the EPA would need to use 

trade association membership as an 

applicability criterion in distinguishing 

among covered and noncovered sources, 

which would be an inherently uncertain 

method by which to make such 

determinations. Although, to the EPA’s 

knowledge, not all owners and operators 

of EGUs and non-EGU sources meeting 

the Plan’s applicability criteria were 

members of applicant trade associations 

when the applications for a stay were 

submitted or when the Stay Order was 

issued, an entity that is not already a 

member of an applicant trade 

association could choose to become one. 

The Stay Order does not speak to 

whether there is a specific point in time 

at which an entity must be a member of 

an applicant trade association to be 

covered by the Court’s stay as to 

applicants. The need to use trade 

association membership as an 

applicability criterion in this instance 

would therefore create uncertainty and 

a high likelihood of legal disputes over 

which individual sources must be 

excluded from enforcement of the Plan’s 

requirements during the pendency of 

the Stay Order.14

In short, in the specific circumstances 

of the Plan and the related litigation, 

continuing to enforce the Plan’s 

requirements for some sources but not 

others while using trade association 

membership as an applicability criterion 

to distinguish between covered and 

noncovered sources would entail 

extreme administrative complexity and 

such a degree of inherent uncertainty as 

to reach the point of impracticability. 

Accordingly, the EPA has determined 

that the only practicable way to comply 

with the Stay Order is to 

administratively stay enforcement of the 

Plan’s requirements as to all sources 

covered by the Plan as promulgated.15

The EPA notes that in addition to 

being the only practicable means of 

complying with the Stay Order as to the 

Plan in these circumstances, the scope 

of the administrative stay being 

implemented in this action is consistent 

with the Supreme Court’s rationale in 

granting the stay applications. The 

Court did not identify any specific, 

substantive flaw concerning the Plan’s 

requirements for any regulated party, 

but rather preliminarily found that the 

EPA had likely failed to adequately 

respond to comments concerning the 

Plan’s application if it were not in effect 

for one or more upwind states.16 In 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87963 

17Significantly, the Supreme Court issued an 

opinion that identified a specific, but far-reaching, 

issue that the Court deemed to have been raised 

with sufficient specificity in particular comments 

but that it was likely the EPA had not adequately 

addressed. That issue and those comments are 

unique to the Plan. This action is also informed by 

the unusual posture here—on emergency 

applications to the Supreme Court—and the 

issuance of an opinion that has allowed the EPA to 

assess the relevance of the specific concern to other 

regulated parties. As such, the EPA does not 

presently find, and does not concede in taking this 

action, that the Supreme Court’s rationale would 

necessarily extend to any other action the EPA may 

take, if such action does not contain the potential 

record deficiency that the Court had identified in 

the rulemaking record of the Good Neighbor Plan 

as originally promulgated. 

18Under both the Group 2 trading program and 

the Group 3 trading program, the programs’ primary 

requirements are ‘‘enforced’’ based on comparisons 

of sources’ reported emissions for the entire ozone 

season to the sources’ allowance holdings on a 

specified date after the end of the ozone season. 

Because these comparisons have not yet been made 

for the 2024 ozone season, to ensure compliance 

with the Stay Order as to the applicants, in this 

action the EPA is eliminating any use of the Plan’s 

state emissions budgets for the entire 2024 ozone 

season, including the portion of the ozone season 

that passed before issuance of the Stay Order. 

19For further discussion of the regulatory 

provisions relating to Original Group 2 allowances 

and Expanded Group 2 allowances, see the First 

Interim Final Rule, 88 FR 49297–98. 

20Unit-level allocations of Group 2 allowances 

(before any applicable adjustments) are made in 

accordance with a notice of data availability 

(NODA) issued by the EPA Administrator. See 40 

CFR 97.811(a)(1). For EGUs within the borders of 

Wisconsin, the applicable NODA will be the NODA 

published at 81 FR 67190 (September 30, 2016) to 

implement the CSAPR Update. For EGUs within the 

borders of the other nine states, the applicable 

NODA will be the NODA published at 86 FR 26719 

(May 17, 2021) to implement the Revised CSAPR 

Update. The provisions for state-determined 

allocations of Group 2 allowances included in the 

SIP revisions previously approved for Indiana and 

New York under the CSAPR Update before 

promulgation of the Revised CSAPR Update will 

not apply. 

21Specifically, the recorded amounts of newly 

issued 2024 Group 2 allowances will differ from the 

allocated amounts as follows: a decrease of 3 

allowances for Gilbert Generating Station (ID 2393) 

and an increase of 3 allowances for Warren (ID 

3132) to reflect the pre-stay transfer of 3 2024 Group 

3 allowances from Gilbert to Warren; a decrease of 

50 allowances for Baldwin Energy Complex (ID 889) 

and an increase of 50 allowances for Midland 

Cogeneration Venture (ID 10745) to reflect the prestay transfer of 50 2024 Group 3 allowances from 

Baldwin to Midland; and a decrease of 8 allowances 

for PEI Power Corporation (also known as Archbald, 

ID 50279) to reflect the pre-stay deduction of 8 2024 

Group 3 allowances to address Archbald’s 2023 

excess emissions. The EPA will not make any 

adjustments to reflect the pre-stay transfer of 570 

2024 Group 3 allowances from Cardinal (ID 2828) 

to an Ohio Power Company general account or the 

pre-stay transfer of 285 2024 Group 3 allowances 

from Alcoa Allowance Management Inc. (also 

known as Warrick, ID 6705) to an Alcoa Allowance 

Management Inc. general account because these 

appear to be transfers between affiliated accounts 

with no substantive effect. 

22Pursuant to the administrative stay of the 

effectiveness of the Plan’s requirements (and in 

compliance with the Stay Order as to the stay 

applicants), the EPA will not carry out the 

recalibration of the bank of 2021–2023 Group 3 

allowances that would otherwise have been 

scheduled to take place as soon as practicable on 

or after August 1, 2024. 

implementing an administrative stay as 

to all sources covered by the Plan as 

promulgated, the Agency recognizes 

that the grounds on which the Court 

stayed enforcement of the Plan’s 

requirements as to the applicants could 

have applied to any such source whose 

owner or operator had applied to the 

Court for relief.17

C. Requirements To Meet Existing Good 

Neighbor Obligations 

The second issue addressed in this 

action concerns how to ensure that the 

previously determined good neighbor 

obligations of Illinois, Indiana, 

Maryland, Michigan, New Jersey, New 

York, Ohio, Pennsylvania, Virginia, and 

Wisconsin with respect to the 2008 

ozone NAAQS will continue to be met 

while the effectiveness of the Good 

Neighbor Plan’s requirements is stayed. 

As noted in section II.A. of this 

document, before issuance of the Stay 

Order, participation of the EGUs in 

these ten states in the Group 3 trading 

program as amended by the Good 

Neighbor Plan was serving as the 

compliance mechanism for not only the 

EGU-related portions of the states’ good 

neighbor obligations with respect to the 

2015 ozone NAAQS but also the states’ 

previously determined good neighbor 

obligations with respect to the 2008 

ozone NAAQS. The Stay Order does not 

affect the states’ good neighbor 

obligations as to the 2008 ozone 

NAAQS, which were determined in the 

CSAPR Update (for Wisconsin) and in 

the Revised CSAPR Update (for the 

other nine states), but it prevents the 

Group 3 trading program as amended by 

the Plan from being used as the 

compliance mechanism to address the 

obligations. Consequently, an alternate 

compliance mechanism is needed to 

address the states’ good neighbor 

obligations with respect to the 2008 

ozone NAAQS while the effectiveness of 

the Plan’s requirements is stayed. 

To address the 2008 ozone NAAQS 

good neighbor obligations for these ten 

states, the EPA is taking the same 

overall approach as was taken in the 

First and Second Interim Final Rules for 

states covered by earlier judicial orders. 

The central feature of the alternate 

compliance mechanism adopted under 

this approach is a requirement for the 

EGUs within the borders of the ten 

states to participate in the Group 2 

trading program for the 2024 ozone 

season and future ozone seasons while 

the effectiveness of the Plan’s 

requirements remains stayed.18 The 

amounts of the state emissions budgets 

that will apply for each ozone season 

will be the amounts that would have 

applied for that ozone season under the 

CSAPR Update, for Wisconsin, or the 

Revised CSAPR Update, for the other 

nine states. Like EGUs in Alabama, 

Arkansas, Mississippi, Missouri, 

Oklahoma, and Texas, EGUs in 

Wisconsin participated in the Group 2 

trading program immediately before 

implementation of the Plan and 

therefore will use ‘‘Original Group 2’’ 

allowances for compliance under the 

Group 2 trading program. Like EGUs in 

Kentucky, Louisiana, and West Virginia, 

EGUs in Illinois, Indiana, Maryland, 

Michigan, New Jersey, New York, Ohio, 

Pennsylvania, and Virginia participated 

in the pre-Plan version of the Group 3 

trading program immediately before 

implementation of the Plan and 

therefore will use ‘‘Expanded Group 2’’ 

allowances for compliance under the 

Group 2 trading program.19

The amounts of the unit-level 

allocations of newly issued Group 2 

allowances to EGUs within the borders 

of the ten states will be the same 

amounts of allowances that would have 

been allocated to the EGUs for the same 

ozone seasons under the CSAPR 

Update, for EGUs within the borders of 

Wisconsin, or under the Revised CSAPR 

Update, for EGUs within the borders of 

the other nine states.20 In almost all 

cases, the EPA will record the allocated 

amounts of newly issued 2024 Group 2 

allowances in the sources’ compliance 

accounts without adjustment. However, 

a small number of transactions 

involving 2024 Group 3 allowances 

occurred before issuance of the Stay 

Order. To preserve the substantive effect 

of these pre-stay transactions, the 

Agency will adjust the quantities of 

newly issued 2024 Group 2 allowances 

recorded in the relevant sources’ 

compliance accounts upward or 

downward by the amounts of the prestay transactions on a 1-for-1 basis.21

The EPA will deduct all 2024 Group 3 

allowances from all compliance 

accounts and general accounts as soon 

as practicable on or after November 21, 

2024 and will record the newly issued 

2024 Group 2 allowances with these 

adjustments in sources’ compliance 

accounts as soon as practicable on or 

after December 6, 2024. 

Consistent with the provisions 

applicable to EGUs in states covered by 

the First and Second Interim Final 

Rules, the EPA is providing EGUs in the 

ten states covered by this action an 

opportunity to have ‘‘banked’’ 2021– 

2023 Group 3 allowances converted to 

Group 2 allowances on a 1-for-1 basis.22


khammond on DSKJM1Z7X2PROD with RULES
87964 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

23When the Stay Order was issued, to ensure 

compliance, the Agency immediately stopped 

accepting transfers of Group 3 allowances between 

accounts. In conjunction with the regulatory 

revisions being adopted in this action, the EPA has 

determined that transfers of 2021–2023 Group 3 

allowances between accounts can be accepted again 

after all 2024 Group 3 allowances have been 

recalled. Following the date of the recall of 2024 

Group 3 allowances, account holders will have a 

period of approximately 30 days to make any 

desired transfers of 2021–2023 Group 3 allowances 

between accounts before the date of the conversion 

of 2021–2023 Group 3 allowances to Group 2 

allowances. The EPA intends to notify all account 

holders regarding the availability, conditions, and 

timing of the conversion opportunity. 

24See 88 FR 49297–98; 88 FR 67104. 

25See §§ 52.284(b) (California), 52.731(c)(2) 

(Illinois), 52.789(c)(2) (Indiana), 52.1084(c)(2) 

(Maryland), 52.1186(f)(2) (Michigan), 52.1584(f)(2) 

(New Jersey), 52.1684(c)(2) (New York), 

52.1882(c)(2) (Ohio), 52.2040(c)(2) (Pennsylvania), 

and 52.2440(c)(2) (Virginia). 

26The provisions at § 52.38(b)(2)(ii)(D) do not 

apply to EGUs within the borders of Minnesota, 

Nevada, or Utah because these EGUs are not subject 

to previously established requirements to mitigate 

interstate air pollution with respect to other ozone 

NAAQS. See 88 FR 67104. 

27See §§ 52.731(b)(6) (Illinois), 52.789(b)(6) 

(Indiana), 52.1084(b)(6) (Maryland), 52.1186(e)(6) 

(Michigan), 52.1584(e)(6) (New Jersey), 

52.1684(b)(6) (New York), 52.1882(b)(6) (Ohio), 

52.2040(b)(6) (Pennsylvania), 52.2440(b)(6) 

(Virginia), and 52.2587(e)(6) (Wisconsin). 

To be converted, the Group 3 

allowances must be held in the 

compliance account for an EGU within 

the borders of Illinois, Indiana, 

Maryland, Michigan, New Jersey, New 

York, Ohio, Pennsylvania, Virginia, or 

Wisconsin as of the conversion date, 

which will be as soon as practicable on 

or after December 23, 2024. Group 3 

allowances held in the compliance 

accounts of EGUs in Wisconsin will be 

converted to Original Group 2 

allowances, while Group 3 allowances 

held in the compliance accounts of 

EGUs in the other nine states will be 

converted to Expanded Group 2 

allowances. Group 3 allowances held in 

other compliance accounts or in general 

accounts will not be converted.23

Finally, revisions are needed to two 

sets of provisions that were adopted in 

earlier rules to address situations that 

could arise after an EGU transitions 

from one trading program to another 

trading program, because the provisions 

as previously designed cannot 

accommodate the greater complexity of 

transition patterns necessitated by the 

Stay Order. The first set of provisions 

governs how EGUs that have 

transitioned between trading programs 

may use allowances from later trading 

programs to meet surrender 

requirements for past ozone seasons 

under earlier trading programs. The EPA 

is preserving the core functionality of 

these provisions by revising them to 

employ a simpler approach under 

which certain allowances from an EGU’s 

current trading program may be used to 

meet certain surrender obligations 

under a previous trading program on a 

1-for-1 basis. The second set of 

provisions governed potential future 

conversions of allowances that had been 

allocated for past ozone seasons but had 

not yet been recorded. The potential 

situation these provisions were 

designed to address has never arisen in 

practice, and the EPA is removing the 

provisions instead of revising them. 

D. Specific Regulatory Revisions 

This section describes the specific 

regulatory amendments that the EPA is 

adopting to carry out the Agency’s 

response to the Stay Order. 

Supplementing the descriptions in this 

section, the EPA is also adding 

documents to the docket showing all the 

regulatory revisions that are being 

adopted in this action in redlinestrikeout format. 

The principal amendment to 40 CFR 

part 52 that the EPA is adopting to stay 

the effectiveness of the Good Neighbor 

Plan’s requirements for non-EGU 

sources within the borders of California, 

Illinois, Indiana, Maryland, Michigan, 

New Jersey, New York, Ohio, 

Pennsylvania, and Virginia is a revision 

to the existing provision at § 52.40(c)(4), 

which under the First and Second 

Interim Final Rules stayed the 

effectiveness of the Plan’s requirements 

for non-EGU sources within the borders 

of Arkansas, Kentucky, Louisiana, 

Mississippi, Missouri, Nevada, 

Oklahoma, Texas, Utah, and West 

Virginia.24 The revision in this action 

expands the provision’s list of states to 

include the remaining ten states where 

requirements for non-EGU sources 

would otherwise apply under the Plan 

as promulgated. In addition, parallel 

provisions staying the effectiveness of 

the Plan’s requirements for non-EGU 

sources are being added to the statespecific subparts of part 52 for each of 

the relevant states.25

The amendments to 40 CFR parts 52 

and 97 that the EPA is adopting to stay 

the effectiveness of the Good Neighbor 

Plan’s requirements for EGUs within the 

borders of Illinois, Indiana, Maryland, 

Michigan, New Jersey, New York, Ohio, 

Pennsylvania, Virginia, and Wisconsin 

while ensuring continued 

implementation of requirements 

established to address good neighbor 

obligations under rules promulgated 

before the Plan include the following: 

• New provisions are being added at 

§ 52.38(b)(2)(iii)(D)(5) and (4) to stay the 

effectiveness of requirements for EGUs 

within the borders of Wisconsin and the 

other nine states, respectively, to 

participate in the Group 3 trading 

program for ozone seasons after 2023, 

and the existing provisions at 

§ 52.38(b)(2)(ii)(D)(2) and (1), which 

require EGUs within the borders of most 

states covered by the First and Second 

Interim Final Rules to participate in the 

Group 2 trading program while the 

effectiveness of the Plan’s requirements 

is stayed,26 are being revised to extend 

the provisions to EGUs within the 

borders of Wisconsin and the other nine 

states, respectively. Parallel provisions 

are also being added to the state-specific 

subparts of part 52 for each of the 

relevant states.27

• The existing provisions at 

§ 52.38(b)(2)(ii)(D)(1) and (b)(16)(ii)(A), 

which apply to states covered by the 

Revised CSAPR Update and the Plan as 

originally promulgated and address, 

among other things, the effects of SIP 

revisions approved to modify or replace 

the federal Group 2 trading program 

regulations, are being revised to provide 

that for EGUs in states for which the 

EPA has approved such SIP revisions, 

the EPA will administer the trading 

program in accordance with the SIP 

revisions, but only for SIP revisions 

approved after the effective date of this 

rule. The analogous existing provisions 

at § 52.38(b)(2)(ii)(D)(2) and 

(b)(16)(ii)(B), which apply to states 

covered by the CSAPR Update and the 

Plan as originally promulgated but not 

by the Revised CSAPR Update, will 

continue to apply with respect to SIP 

revisions approved either before or after 

this rule. 

• The existing provisions at 

§ 97.810(a) and (b), which identify the 

amounts of state emissions budgets, new 

unit set-asides, Indian country new unit 

set-asides, and variability limits by state 

and ozone season under the Group 2 

trading program, are being revised to 

provide the same amounts for each of 

the ten states for ozone seasons after 

2023 as would have been provided 

under the CSAPR Update or the Revised 

CSAPR Update (for Wisconsin or the 

other nine states, respectively) in the 

absence of the Plan. The amounts of the 

unit-level allocations of Group 2 

allowances from the state emission 

budgets will be determined in 

accordance with § 97.811(a) as 

previously amended by the First Interim 

Final Rule. 

• The existing provisions at 

§ 97.821(e) and (f), which establish 

schedules for recording Group 2 

allowances in sources’ compliance 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87965 

28The previous § 97.1026(e)(2) is being 

redesignated as § 97.1026(e)(1)(ii). 

29Under CAA section 307(d)(1)(B), the EPA’s 

revision of a FIP under CAA section 110(c) would 

normally be subject to the rulemaking procedural 

requirements of CAA section 307(d), including 

notice-and-comment procedures, but CAA section 

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

circumstance referred to in subparagraphs (A) or (B) 

of [5 U.S.C. 553(b)].’’ CAA section 307(d)(1). 

accounts, and the existing provisions at 

§ 97.811(d)(1) and (e)(1), which 

governed recalls of 2024 Group 2 

allowances during the earlier transitions 

of states out of the Group 2 trading 

program, are being revised to establish 

the schedule for recording allocations of 

the new 2024 Group 2 allowances to be 

issued in response to the Stay Order and 

to more clearly distinguish these newly 

issued 2024 Group 2 allowances from 

the previously issued 2024 Group 2 

allowances that were recorded in 2020 

and then recalled during trading 

program transitions in 2021 and 2023. 

• A new provision is being added at 

§ 97.1011(d) to recall all 2024 Group 3 

allowances previously recorded under 

the Plan and currently held in any 

compliance account or general account. 

To preserve the substantive effect of 

transfers and deductions of 2024 Group 

3 allowances that occurred before 

issuance of the Stay Order and this 

recall, the revised recordation provision 

at § 97.821(e)(3) requires corresponding 

positive or negative adjustments to be 

made to the quantities of the newly 

issued 2024 Group 2 allowances that 

will be recorded in the relevant sources’ 

compliance accounts. 

• A new provision is being added at 

§ 97.1026(e)(2) 28 to convert all banked 

2021–2023 Group 2 allowances that as 

of the conversion date are held in the 

compliance accounts of EGUs within 

the borders of the ten states to Original 

Group 2 allowances or Expanded Group 

2 allowances (for EGUs within the 

borders of Wisconsin or the other nine 

states, respectively) on a 1-for-1 basis. 

• The existing provisions at 

§§ 97.526(e), 97.826(f), and 97.1026(f), 

which address how EGUs that have 

transitioned between trading programs 

may use allowances from later trading 

programs to meet surrender 

requirements for past ozone seasons 

under earlier trading programs, are 

being revised to prospectively apply a 

uniform approach where certain 

allowances from an EGU’s current 

trading program may be used for this 

purpose on a 1-for-1 basis. 

• The existing provisions at 

§§ 97.526(d)(2) and 97.826(d)(3) and 

(e)(2), which addressed potential future 

conversions of not-yet-recorded 

allowances that have been allocated for 

a past ozone season under one trading 

program to EGUs that have transitioned 

to another trading program, are being 

removed. 

• The existing provisions at 

§§ 97.830(b)(1) and 97.834(d)(2)(i), 

which establish deadlines for affected 

units to commence monitoring and 

reporting activities under the Group 2 

trading program, are being revised to 

provide each affected EGU within the 

borders of the ten states the same 

deadlines as would have applied to that 

EGU in the absence of the Plan. 

• Conforming updates and other 

minor technical corrections are being 

made as necessary to the provisions at 

§§ 52.38(b)(14)(iii), 97.806(c)(4)(iv), 

97.824(c)(2)(ii), 97.826(b) and (e)(1), 

97.1024(c)(2)(ii), and 97.1026(b) and 

(e)(1) and several definitions in 

§§ 97.502, 97.802, and 97.1002, as well 

as to the provisions identified in 

previous items in this list. 

III. Rulemaking Procedures and 

Findings of Good Cause 

The EPA’s authority for the 

rulemaking procedures followed in this 

action is provided by 5 U.S.C. 553.29 In 

general, an agency issuing a rule under 

the procedures in section 553 must 

provide prior notice and an opportunity 

for public comment, but section 

553(b)(B) includes an exemption from 

notice-and-comment requirements 

‘‘when the 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.’’ This 

action is being issued as an interim final 

rule without prior notice or opportunity 

for public comment because the EPA 

finds that the APA ‘‘good cause’’ 

exemption from notice-and-comment 

requirements applies here. 

The basis for the finding of good 

cause is that following notice-andcomment procedures is unnecessary and 

impracticable for this action. With 

respect to the scope of the 

administrative stay being implemented 

in this action, the EPA has no discretion 

to enforce the Good Neighbor Plan’s 

requirements against emissions sources 

located in applicant states or owned or 

operated by applicant industry entities 

while the Stay Order remains in effect. 

Further, as explained in section II.B. of 

this document, continuing to enforce 

the Plan’s requirements against any 

sources owned and operated by nonapplicants and using the applicability 

criterion of whether a given source is or 

is not owned or operated by a member 

of an applicant trade association to 

distinguish covered sources from 

noncovered sources is not a practicable 

option to comply with the Stay Order. 

With respect to the regulatory revisions 

that provide an alternate mechanism for 

EGUs in states where the Plan is newly 

stayed to continue to address the states’ 

good neighbor obligations with respect 

to other ozone NAAQS, while some 

superficial discretion exists concerning 

the specific design of the regulatory 

revisions, no discretion exists as to the 

function of that design, which is to 

restore requirements substantively 

identical to those that would have 

applied in the absence of the Plan. As 

explained in section II.C. of this 

document, the EPA’s design for the 

regulatory revisions in this action 

accomplishes this function. Taking 

comment so as to allow the public to 

advocate for not staying the 

effectiveness of the Good Neighbor 

Plan’s requirements, not adopting 

regulatory revisions needed to 

implement requirements substantively 

identical to those that would have 

applied in the absence of the Plan, or 

adopting superficially different 

regulatory revisions to accomplish the 

same function would serve no purpose 

and is therefore unnecessary. 

Following notice-and-comment 

procedures for this action would also be 

impracticable. Even though no specific 

statutory or judicial deadline applies, 

this action nevertheless needs to be 

completed quickly to provide clarity to 

the regulated community about the 

regulatory requirements that apply 

during a stay and to ensure that states’ 

good neighbor obligations with respect 

to the 2008 ozone NAAQS continue to 

be met. The EPA has acted 

expeditiously to respond to the Stay 

Order. If the contents of this action were 

instead issued in the form of a proposal 

subject to notice-and-comment 

procedures, the comment period and the 

time needed after the close of the 

comment period to review any 

comments, prepare responses, and draft 

and review a final rule would likely 

require at least 90 additional days, 

extending the period before parties 

would know their regulatory 

requirements to six months or more 

after the issuance of the Stay Order. 

The regulatory revisions made in this 

action will take effect immediately upon 

publication of the action in the Federal 

Register. In general, an agency issuing a 

rule under 5 U.S.C. 553 must provide 

for a period of at least 30 days between 

the rule’s dates of publication and 

effectiveness, but section 553(d) 

specifies several exceptions to that 

general requirement, including two that 

apply to this action. 


khammond on DSKJM1Z7X2PROD with RULES
87966 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

30Omnipoint Corporation v. FCC, 78 F.3d 620, 

630 (D.C. Cir. 1996). 

31See Regulatory Impact Analysis for the Final 

Federal Good Neighbor Plan Addressing Regional 

Ozone Transport for the 2015 Ozone National 

Ambient Air Quality Standard, at 197–257 (March 

2023) (EPA–HQ–OAR–2021–0668–1115), available 

in the docket. 

First, under section 553(d)(1), an 

exception applies to a rule that ‘‘grants 

or recognizes an exemption or relieves 

a restriction.’’ Because the portions of 

this action that stay the effectiveness of 

the Plan’s requirements for emissions 

sources in certain states grant or 

recognize an exemption (on an interim 

basis while the Stay Order remains in 

place), the normal 30-day minimum 

period between this action’s dates of 

publication and effectiveness is not 

required. The EPA is making these 

portions of the action effective as of the 

action’s publication date to comply with 

the Stay Order in a timely manner. 

Second, under section 553(d)(3), the 

normal 30-day minimum period 

between a rule’s dates of publication 

and effectiveness does not apply ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ With respect to the portions 

of this action that provide an alternate 

mechanism for EGUs in states where the 

Plan is newly stayed to continue to 

address the states’ good neighbor 

obligations under rules issued before the 

Plan, the EPA finds good cause to make 

the regulatory revisions effective as of 

the action’s publication date for the 

following reasons. First, these regulatory 

revisions benefit the public by avoiding 

the possibility that interruption of the 

previously established requirements 

would cause air quality degradation. 

Second, these regulatory revisions 

benefit the regulated community by 

clarifying the regulatory requirements 

that apply in light of the Stay Order. 

Finally, making these regulatory 

revisions effective less than 30 days 

after this action’s publication date does 

not conflict with the purpose of the 

normal requirement for a 30-day 

minimum period, which is ‘‘to give 

affected parties a reasonable time to 

adjust their behavior before the final 

rule takes effect.’’ 30 The regulatory 

revisions in this action ensuring the 

continued achievement of states’ 

previously established good neighbor 

obligations impose no requirements on 

any emissions source that differ 

substantively from the requirements that 

would have applied to that source in the 

absence of the Plan. Thus, no affected 

party needs time to adjust its behavior 

in preparation for these regulatory 

revisions. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is a significant regulatory 

action as defined in Executive Order 

12866, as amended by Executive Order 

14094. Accordingly, the EPA submitted 

this action to the Office of Management 

and Budget (OMB) for Executive Order 

12866 review. Documentation of any 

changes made in response to the 

Executive Order 12866 review is 

available in the docket. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. The OMB has previously 

approved the information collection 

activities that will apply to the EGUs 

affected by this action and has assigned 

OMB control numbers 2060–0258, 

2060–0667, and 2060–0745. Additional 

information collection activities that 

will apply to non-EGU sources under 

the Good Neighbor Plan have been 

submitted to the OMB for approval in 

conjunction with that rulemaking. This 

action makes no changes to the 

information collection activities under 

the previously approved information 

collection requests (ICRs) for EGUs or 

the additional information collection 

activities for which approval has been 

requested in the Plan’s ICR for non-EGU 

sources. 

C. Regulatory Flexibility Act 

This action is not subject to the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601–612. The RFA applies only 

to rules subject to notice-and-comment 

rulemaking requirements under 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)(B). 

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. This action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 

This action simply stays the 

effectiveness of certain regulatory 

requirements for certain emissions 

sources on an interim basis in response 

to a procedural court order while 

ensuring that previously applicable 

regulatory requirements continue to be 

met. 

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 stays the effectiveness of certain 

regulatory requirements for certain 

emissions sources on an interim basis in 

response to a procedural court order 

while ensuring that previously 

applicable regulatory requirements 

continue to be met. 

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 stays 

the effectiveness of certain regulatory 

requirements for certain emissions 

sources on an interim basis in response 

to a procedural court order while 

ensuring that previously applicable 

regulatory requirements continue to be 

met. Thus, Executive Order 13175 does 

not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks 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 responds 

to a court order issued by the United 

States Supreme Court and the EPA lacks 

discretion to deviate from the order. The 

EPA’s assessment of health and climate 

benefits for the action establishing the 

requirements that are being stayed is 

discussed in Chapter 5 of the Regulatory 

Impact Analysis for the Good Neighbor 

Plan.31

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87967 

32See 88 FR 36844–46. 

33 In deciding whether to invoke the exception by 

making and publishing a finding that an action is 

based on a determination of nationwide scope or 

effect, the Administrator takes into account a 

number of policy considerations, including his 

judgment balancing the benefit of obtaining the D.C. 

Circuit’s authoritative centralized review versus 

allowing development of the issue in other contexts 

and the best use of Agency resources. 

34The Good Neighbor Plan is nationally 

applicable or based on a determination of 

nationwide scope or effect found and published by 

the EPA. See 88 FR 36859–60. 

35See 86 FR 23163–64 (Revised CSAPR Update); 

81 FR 74585–86 (CSAPR Update). 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This action simply stays the 

effectiveness of certain regulatory 

requirements for certain emissions 

sources on an interim basis in response 

to a procedural court order while 

ensuring that previously applicable 

regulatory requirements continue to be 

met. 

I. National Technology Transfer and 

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 and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that this type of 

action does not concern human health 

or environmental conditions and 

therefore cannot be evaluated with 

respect to potentially disproportionate 

and adverse effects on communities 

with environmental justice concerns. 

This action responds to a court order 

issued by the United States Supreme 

Court and the EPA lacks discretion to 

deviate from the order. The EPA’s 

assessment of environmental justice 

considerations for the action 

establishing the requirements that are 

being stayed is discussed in section VII. 

of the Good Neighbor Plan preamble.32

K. Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), 5 

U.S.C. 801–808, 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 noticeand-comment rulemaking 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 document, including 

the basis for that finding. 

L. Judicial Review 

CAA section 307(b)(1) governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

D.C. Circuit (i) when the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions that are based 

on a determination of nationwide scope 

or effect, the CAA reserves to the EPA 

complete discretion to decide whether 

to invoke the provision in (ii).33

This action is ‘‘nationally applicable’’ 

within the meaning of CAA section 

307(b)(1). In this action, in response to 

a court order, the EPA is amending on 

an interim basis the Good Neighbor 

Plan,34 a nationally applicable rule that 

the EPA developed by applying a 

uniform legal interpretation and 

common, nationwide analytical 

methods to address the requirements of 

CAA section 110(a)(2)(D)(i)(I) 

concerning interstate transport of 

pollution (i.e., ‘‘good neighbor’’ 

requirements) for the 2015 ozone 

NAAQS. Based on that nationwide 

analysis, the Good Neighbor Plan 

established FIP requirements for 

emissions sources in 23 states located 

across eight EPA Regions and ten 

federal judicial circuits. Given that this 

action amends an action implementing 

the good neighbor requirements of CAA 

section 110(a)(2)(D)(i)(I) in a large 

number of states located across the 

country and given the interdependent 

nature of interstate pollution transport 

and the common core of knowledge and 

analysis involved in promulgating the 

FIP requirements, this action is a 

‘‘nationally applicable’’ action within 

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

In the alternative, to the extent a court 

finds this action to be locally or 

regionally applicable, the Administrator 

is exercising the complete discretion 

afforded to him under the CAA to make 

and publish a finding that this action is 

based on a determination of 

‘‘nationwide scope or effect’’ within the 

meaning of CAA section 307(b)(1). In 

this action, in response to a court order, 

the EPA is amending on an interim basis 

the Good Neighbor Plan, an action in 

which the EPA interpreted and applied 

CAA section 110(a)(2)(D)(i)(I) for the 

2015 ozone NAAQS based on a common 

core of nationwide policy judgments 

and technical analysis concerning the 

interstate transport of pollutants 

throughout the continental United 

States. Based on that nationwide 

analysis, the Good Neighbor Plan 

established FIP requirements for 

emissions sources in 23 states located 

across eight EPA Regions and ten 

federal judicial circuits. In response to 

a court order, this action temporarily 

stays the implementation of the Good 

Neighbor Plan for emissions sources in 

eleven states located across four EPA 

Regions and six federal judicial circuits 

and also implements necessary 

measures to ensure the status quo is 

maintained with respect to existing 

obligations under previously issued 

regulations (that were themselves 

nationally applicable or based on a 

determination of nationwide scope or 

effect found and published by the 

EPA 35). 

The Administrator finds that, like the 

Good Neighbor Plan, which it amends, 

this action is a matter on which national 

uniformity in judicial resolution of any 

petitions for review is desirable, to take 

advantage of the D.C. Circuit’s 

administrative law expertise, and to 

facilitate the orderly development of the 

basic law under the Act. The 

Administrator also finds that 

consolidated review of this action in the 

D.C. Circuit will avoid piecemeal 

litigation in the regional circuits, further 

judicial economy, and eliminate the risk 

of inconsistent results for different 

states, and that a nationally consistent 

approach to the CAA’s mandate 

concerning interstate transport of ozone 

pollution constitutes the best use of 

Agency resources. 

For these reasons, this final action is 

nationally applicable or, alternatively, 

the Administrator is exercising the 

complete discretion afforded to him by 

the CAA and finds that this final action 

is based on a determination of 

nationwide scope or effect for purposes 

of CAA section 307(b)(1) and is 

publishing that finding in the Federal 

Register. Under CAA section 307(b)(1), 

petitions for judicial review of this 

action must be filed in the D.C. Circuit 

by January 6, 2025. 

List of Subjects 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 


khammond on DSKJM1Z7X2PROD with RULES
87968 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

Nitrogen oxides, Ozone, Particulate 

matter, Sulfur dioxide. 

40 CFR Part 97 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Electric power 

plants, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, parts 52 and 97 of title 40 of 

the Code of Federal Regulations are 

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 A—General Provisions 

■ 2. Amend § 52.38 by: 

■ a. Revising and republishing 

paragraphs (b)(2)(ii)(D)(1) introductory 

text, (b)(2)(ii)(D)(1)(i), and (b)(2)(ii)(D)(2) 

introductory text; 

■ b. Adding paragraphs (b)(2)(iii)(D)(4) 

and (5); and 

■ c. Revising and republishing 

paragraphs (b)(14)(iii) and (b)(16)(ii). 

The revisions, republications, and 

additions read as follows: 

§ 52.38 What are the requirements of the 

Federal Implementation Plans (FIPs) for the 

Cross-State Air Pollution Rule (CSAPR) 

relating to emissions of nitrogen oxides? 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(D) * * * 

(1) While a stay under paragraph 

(b)(2)(iii)(D)(1) or (4) of this section is in 

effect for the sources in a State and 

Indian country located within the 

borders of such State with regard to 

emissions occurring in a control period 

in a given year— 

(i) The provisions of subpart EEEEE of 

part 97 of this chapter (as modified in 

any approval after November 6, 2024 of 

a SIP revision for such State by the 

Administrator under paragraph (b)(8) of 

this section) or the provisions of a SIP 

revision approved after November 6, 

2024 for such State by the Administrator 

under paragraph (b)(9) of this section, if 

any, shall apply to the sources in such 

State and areas of Indian country within 

the borders of such State subject to the 

State’s SIP authority, and the provisions 

of subpart EEEEE of part 97 of this 

chapter shall apply to the sources in 

areas of Indian country within the 

borders of such State not subject to the 

State’s SIP authority, with regard to 

emissions occurring in such control 

period; and 

* * * * * 

(2) While a stay under paragraph 

(b)(2)(iii)(D)(2) or (5) of this section is in 

effect for the sources in a State and 

Indian country located within the 

borders of such State with regard to 

emissions occurring in a control period 

in a given year— 

* * * * * 

(iii) * * * 

(D) * * * 

(4) The effectiveness of paragraph 

(b)(2)(iii)(A) of this section is stayed for 

sources in Illinois, Indiana, Maryland, 

Michigan, New Jersey, New York, Ohio, 

Pennsylvania, and Virginia and Indian 

country located within the borders of 

such States with regard to emissions 

occurring in 2024 and thereafter. While 

a stay under this paragraph 

(b)(2)(iii)(D)(4) is in effect for a State, 

such State shall be deemed not to be 

listed in paragraph (b)(2)(iii)(A) of this 

section for purposes of part 97 of this 

chapter for a control period after 2023. 

(5) The effectiveness of paragraph 

(b)(2)(iii)(B) of this section is stayed for 

sources in Wisconsin and Indian 

country located within the borders of 

such State with regard to emissions 

occurring in 2024 and thereafter. While 

a stay under this paragraph 

(b)(2)(iii)(D)(5) is in effect for a State, 

such State shall be deemed not to be 

listed in paragraph (b)(2)(iii)(B) of this 

section for purposes of part 97 of this 

chapter for a control period after 2023. 

* * * * * 

(14) * * * 

(iii) Notwithstanding any 

discontinuation pursuant to paragraph 

(b)(2) or (b)(13)(i) of this section of the 

applicability of subpart BBBBB, EEEEE, 

or GGGGG of part 97 of this chapter to 

the sources in a State and areas of 

Indian country within the borders of the 

State subject to the State’s SIP authority 

with regard to emissions occurring in 

any control period, the following 

provisions shall continue to apply with 

regard to all CSAPR NOX Ozone Season 

Group 1 allowances, CSAPR NOX Ozone 

Season Group 2 allowances, and CSAPR 

NOX Ozone Season Group 3 allowances 

at any time allocated for any control 

period to any source or other entity in 

the State and areas of Indian country 

within the borders of the State subject 

to the State’s SIP authority and shall 

apply to all entities, wherever located, 

that at any time held or hold such 

allowances: 

(A) The provisions of §§ 97.526(c), 

97.826(c), and 97.1026(c) of this chapter 

(concerning the transfer of CSAPR NOX

Ozone Season Group 1 allowances, 

CSAPR NOX Ozone Season Group 2 

allowances, and CSAPR NOX Ozone 

Season Group 3 allowances between 

certain Allowance Management System 

accounts under common control); 

(B) The provisions of §§ 97.526(d), 

97.826(d) and (e), and 97.1026(e) of this 

chapter (concerning the conversion of 

allowances of one type into allowances 

of another type, in the same or different 

quantities and issued for the same or 

different control periods, including 

conversions among CSAPR NOX Ozone 

Season Group 1 allowances, CSAPR 

NOX Ozone Season Original Group 2 

allowances, CSAPR NOX Ozone Season 

Expanded Group 2 allowances, and 

CSAPR NOX Ozone Season Group 3 

allowances); and 

(C) The provisions of §§ 97.811(d) and 

(e) and 97.1011(d) of this chapter 

(concerning the recall of certain CSAPR 

NOX Ozone Season Original Group 2 

allowances and CSAPR NOX Ozone 

Season Group 3 allowances). 

* * * * * 

(16) * * * 

(ii)(A) Notwithstanding any provision 

of subpart EEEEE of part 97 of this 

chapter or any State’s SIP, with regard 

to any State listed in paragraph 

(b)(2)(ii)(B) of this section and any 

control period that begins after 

December 31, 2020, the Administrator 

will not carry out any of the functions 

set forth for the Administrator in 

subpart EEEEE of part 97 of this chapter 

or in any emissions trading program 

provisions in a State’s SIP approved 

under paragraph (b)(8) or (9) of this 

section, except as otherwise provided in 

paragraph (b)(2)(ii)(D)(1) or (b)(14)(iii) of 

this section. 

(B) Notwithstanding any provision of 

subpart EEEEE of part 97 of this chapter 

or any State’s SIP, with regard to any 

State listed in paragraph (b)(2)(ii)(C) of 

this section and any control period that 

begins after December 31, 2022, the 

Administrator will not carry out any of 

the functions set forth for the 

Administrator in subpart EEEEE of part 

97 of this chapter or in any emissions 

trading program provisions in a State’s 

SIP approved under paragraph (b)(8) or 

(9) of this section, except as otherwise 

provided in paragraph (b)(2)(ii)(D)(2) or 

(b)(14)(iii) of this section. 

* * * * * 

■ 3. Amend § 52.40 by revising and 

republishing paragraph (c)(4) to read as 

follows: 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87969 

§ 52.40 What are the requirements of the 

Federal Implementation Plans (FIPs) 

relating to ozone season emissions of 

nitrogen oxides from sources not subject to 

the CSAPR ozone season trading program? 

* * * * * 

(c) * * * 

(4) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraphs (a) and (b), (c)(1) through 

(3), and (d) through (g) of this section 

and §§ 52.41 through 52.46 is stayed for 

sources located in Arkansas, California, 

Illinois, Indiana, Kentucky, Louisiana, 

Maryland, Michigan, Mississippi, 

Missouri, Nevada, New Jersey, New 

York, Ohio, Oklahoma, Pennsylvania, 

Texas, Utah, Virginia, and West 

Virginia, including Indian country 

located within the borders of such 

States. 

* * * * * 

Subpart F—California 

■ 4. Amend § 52.284 by redesignating 

the text as paragraph (a) and adding 

paragraph (b) to read as follows: 

§ 52.284 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (a) of this section is stayed. 

Subpart O—Illinois 

■ 5. Amend § 52.731 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.731 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart P—Indiana 

■ 6. Amend § 52.789 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.789 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart V—Maryland 

■ 7. Amend § 52.1084 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.1084 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart X—Michigan 

■ 8. Amend § 52.1186 by: 

■ a. Adding paragraph (e)(6); and 

■ b. Redesignating paragraph (f) as 

paragraph (f)(1) and adding paragraph 

(f)(2). 

The additions read as follows: 

§ 52.1186 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(e) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (e)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(e)(2) of this section shall apply with 

regard to such emissions. 

(f) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (f)(1) of this section is 

stayed. 

Subpart FF—New Jersey 

■ 9. Amend § 52.1584 by: 

■ a. Adding paragraph (e)(6); and 

■ b. Redesignating paragraph (f) as 

paragraph (f)(1) and adding paragraph 

(f)(2). 

The additions read as follows: 

§ 52.1584 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(e) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (e)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(e)(2) of this section shall apply with 

regard to such emissions. 

(f) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (f)(1) of this section is 

stayed. 

Subpart HH—New York 

■ 10. Amend § 52.1684 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.1684 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 


khammond on DSKJM1Z7X2PROD with RULES
87970 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart KK—Ohio 

■ 11. Amend § 52.1882 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.1882 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart NN—Pennsylvania 

■ 12. Amend § 52.2040 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.2040 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart VV—Virginia 

■ 13. Amend § 52.2440 by: 

■ a. Adding paragraph (b)(6); and 

■ b. Redesignating paragraph (c) as 

paragraph (c)(1) and adding paragraph 

(c)(2). 

The additions read as follows: 

§ 52.2440 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(b) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (b)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(b)(2) of this section shall apply with 

regard to such emissions. 

(c) * * * 

(2) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (c)(1) of this section is 

stayed. 

Subpart YY—Wisconsin 

■ 14. Amend § 52.2587 by adding 

paragraph (e)(6) to read as follows: 

§ 52.2587 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

* * * * * 

(e) * * * 

(6) Notwithstanding any other 

provision of this part, the effectiveness 

of paragraph (e)(3) of this section is 

stayed with regard to emissions 

occurring in 2024 and thereafter, 

provided that while such stay remains 

in effect, the provisions of paragraph 

(e)(2) of this section shall apply with 

regard to such emissions. 

PART 97—FEDERAL NOX BUDGET 

TRADING PROGRAM, CAIR NOX AND 

SO2 TRADING PROGRAMS, CSAPR 

NOX AND SO2 TRADING PROGRAMS, 

AND TEXAS SO2 TRADING PROGRAM 

■ 15. The authority citation for part 97 

continues to read as follows: 

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

7426, 7491, 7601, and 7651, et seq. 

Subpart BBBBB—CSAPR NOX Ozone 

Season Group 1 Trading Program 

■ 16. Amend § 97.502 by revising and 

republishing the definitions of ‘‘CSAPR 

NOX Ozone Season Expanded Group 2 

allowance’’, ‘‘CSAPR NOX Ozone 

Season Group 2 allowance’’, and 

‘‘CSAPR NOX Ozone Season Group 3 

allowance’’ to read as follows: 

§ 97.502 Definitions. 

* * * * * 

CSAPR NOX Ozone Season Expanded 

Group 2 allowance means a CSAPR NOX

Ozone Season Group 2 allowance 

allocated for a control period after 2022 

under subpart EEEEE of this part or 

§ 97.1026(e)(1)(ii) or (e)(2)(ii) to a unit in 

a State listed in § 52.38(b)(2)(ii)(D)(1) of 

this chapter (and Indian country within 

the borders of such a State) or allocated 

or auctioned for a control period after 

2022 in accordance with the provisions 

of a SIP revision approved after 

November 6, 2024 for such a State by 

the Administrator under § 52.38(b)(7), 

(8), or (9) of this chapter. 

* * * * * 

CSAPR NOX Ozone Season Group 2 

allowance means a limited 

authorization issued and allocated or 

auctioned by the Administrator under 

subpart EEEEE of this part, § 97.526, or 

§ 97.1026, or by a State or permitting 

authority under a SIP revision approved 

by the Administrator under 

§ 52.38(b)(7), (8), or (9) of this chapter, 

to emit one ton of NOX during a control 

period of the specified calendar year for 

which the authorization is allocated or 

auctioned or of any calendar year 

thereafter under the CSAPR NOX Ozone 

Season Group 2 Trading Program, where 

each CSAPR NOX Ozone Season Group 

2 allowance is either a CSAPR NOX

Ozone Season Original Group 2 

allowance or a CSAPR NOX Ozone 

Season Expanded Group 2 allowance. 

* * * * * 

CSAPR NOX Ozone Season Group 3 

allowance means a limited 

authorization issued and allocated or 

auctioned by the Administrator under 

subpart GGGGG of this part or § 97.826, 

or by a State or permitting authority 

under a SIP revision approved by the 

Administrator under § 52.38(b)(10), (11), 

or (12) of this chapter, to emit one ton 

or less of NOX during a control period 

of the specified calendar year for which 

the authorization is allocated or 

auctioned or of any calendar year 

thereafter under the CSAPR NOX Ozone 

Season Group 3 Trading Program. 

* * * * * 

■ 17. Amend § 97.526 by: 

■ a. Removing and reserving paragraph 

(d)(2); 

■ b. Revising and republishing 

paragraphs (e)(1) through (3); and 

■ c. Adding paragraphs (e)(4) through 

(6). 

The revisions, republications, and 

additions read as follows: 

§ 97.526 Banking and conversion. 

* * * * * 

(e) * * * 

(1) After the Administrator has carried 

out the procedures set forth in 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87971 

paragraph (d)(1) of this section and 

before November 6, 2024, the owner or 

operator of a CSAPR NOX Ozone Season 

Group 1 source in a State listed in 

§ 52.38(b)(2)(i)(B) of this chapter (and 

Indian country within the borders of 

such a State) may satisfy a requirement 

to hold a given number of CSAPR NOX

Ozone Season Group 1 allowances for 

the control period in 2015 or 2016 by 

holding instead, in a general account 

established for this sole purpose, an 

amount of CSAPR NOX Ozone Season 

Original Group 2 allowances for the 

control period in 2017 (or any later 

control period for which the allowance 

transfer deadline defined in § 97.802 has 

passed) computed as the quotient, 

rounded up to the nearest allowance, of 

such given number of CSAPR NOX

Ozone Season Group 1 allowances 

divided by the conversion factor 

determined under paragraph (d)(1)(ii) of 

this section. 

(2)(i) Except as provided in paragraph 

(e)(2)(ii) of this section, after the 

Administrator has carried out the 

procedures set forth in paragraph (d)(1) 

of this section and § 97.826(d)(1) and 

before November 6, 2024, the owner or 

operator of a CSAPR NOX Ozone Season 

Group 1 source in a State listed in 

§ 52.38(b)(2)(ii)(B) of this chapter (and 

Indian country within the borders of 

such a State) may satisfy a requirement 

to hold a given number of CSAPR NOX

Ozone Season Group 1 allowances for 

the control period in 2015 or 2016 by 

holding instead, in a general account 

established for this sole purpose, an 

amount of CSAPR NOX Ozone Season 

Group 3 allowances for the control 

period in 2021 (or any later control 

period for which the allowance transfer 

deadline defined in § 97.1002 has 

passed) computed as the quotient, 

rounded up to the nearest allowance, of 

such given number of CSAPR NOX

Ozone Season Group 1 allowances 

divided by the conversion factor 

determined under paragraph (d)(1)(ii) of 

this section and further divided by the 

conversion factor determined under 

§ 97.826(d)(1)(i)(D). 

(ii) After the Administrator has 

carried out the procedures set forth in 

paragraph (d)(1) of this section and 

§§ 97.826(d)(1) and 97.1026(e)(1) and 

before November 6, 2024, the owner or 

operator of a CSAPR NOX Ozone Season 

Group 1 source in a State listed in 

§ 52.38(b)(2)(iii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State) may satisfy a 

requirement to hold a given number of 

CSAPR NOX Ozone Season Group 1 

allowances for the control period in 

2015 or 2016 by holding instead, in a 

general account established for this sole 

purpose, an amount of CSAPR NOX

Ozone Season Expanded Group 2 

allowances for the control period in 

2021 (or any later control period for 

which the allowance transfer deadline 

defined in § 97.802 has passed) 

computed as the quotient, rounded up 

to the nearest allowance, of such given 

number of CSAPR NOX Ozone Season 

Group 1 allowances divided by the 

conversion factor determined under 

paragraph (d)(1)(ii) of this section and 

further divided by the conversion factor 

determined under § 97.826(d)(1)(i)(D). 

(3) After the Administrator has carried 

out the procedures set forth in 

paragraph (d)(1) of this section and 

§ 97.826(e)(1) and before November 6, 

2024, the owner or operator of a CSAPR 

NOX Ozone Season Group 1 source in a 

State listed in § 52.38(b)(2)(ii)(C) of this 

chapter and not listed in 

§ 52.38(b)(2)(iii)(D)(2) of this chapter 

(and Indian country within the borders 

of such a State) may satisfy a 

requirement to hold a given number of 

CSAPR NOX Ozone Season Group 1 

allowances for the control period in 

2015 or 2016 by holding instead, in a 

general account established for this sole 

purpose, an amount of CSAPR NOX

Ozone Season Group 3 allowances for 

the control period in 2023 (or any later 

control period for which the allowance 

transfer deadline defined in § 97.1002 

has passed) computed as the quotient, 

rounded up to the nearest allowance, of 

such given number of CSAPR NOX

Ozone Season Group 1 allowances 

divided by the conversion factor 

determined under paragraph (d)(1)(ii) of 

this section and further divided by the 

conversion factor determined under 

§ 97.826(e)(1)(ii). 

(4) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 2 Trading Program 

for the control period in the current year 

and required to demonstrate compliance 

under such program for such control 

period by holding CSAPR NOX Ozone 

Season Original Group 2 allowances 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Group 1 allowances for the 

control period in a previous year for 

which the allowance transfer deadline 

defined in § 97.502 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Original 

Group 2 allowances for the control 

period in the current year. 

(5) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 2 Trading Program 

for the control period in the current year 

and required to demonstrate compliance 

under such program for such control 

period by holding CSAPR NOX Ozone 

Season Expanded Group 2 allowances 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Group 1 allowances for the 

control period in a previous year for 

which the allowance transfer deadline 

defined in § 97.502 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Expanded 

Group 2 allowances for the control 

period in the current year. 

(6) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 3 Trading Program 

for the control period in the current year 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Group 1 allowances for the 

control period in a previous year for 

which the allowance transfer deadline 

defined in § 97.502 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Group 3 

allowances for the control period in the 

current year. 

Subpart EEEEE—CSAPR NOX Ozone 

Season Group 2 Trading Program 

■ 18. Amend § 97.802 by revising and 

republishing the introductory text for 

the definition of ‘‘Allocate or 

allocation’’, paragraph (2) of the 

definition of ‘‘Common designated 

representative’s assurance level’’, and 

the definitions of ‘‘CSAPR NOX Ozone 

Season Expanded Group 2 allowance’’, 

‘‘CSAPR NOX Ozone Season Group 2 

allowance’’, and ‘‘CSAPR NOX Ozone 

Season Group 3 allowance’’ to read as 

follows: 

§ 97.802 Definitions. 

* * * * * 

Allocate or allocation means, with 

regard to CSAPR NOX Ozone Season 

Group 2 allowances, the determination 

by the Administrator, State, or 

permitting authority, in accordance with 

this subpart, §§ 97.526 and 97.1026, and 

any SIP revision submitted by the State 

and approved by the Administrator 

under § 52.38(b)(7), (8), or (9) of this 

chapter, of the amount of such CSAPR 

NOX Ozone Season Group 2 allowances 

to be initially credited, at no cost to the 

recipient, to: 

* * * * * 

Common designated representative’s 

assurance level * * * 

(2) Provided that the allocations of 

CSAPR NOX Ozone Season Group 2 

allowances for any control period taken 


khammond on DSKJM1Z7X2PROD with RULES
87972 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

into account for purposes of this 

definition shall exclude any CSAPR 

NOX Ozone Season Group 2 allowances 

allocated for such control period under 

§ 97.526 or § 97.1026. 

* * * * * 

CSAPR NOX Ozone Season Expanded 

Group 2 allowance means a CSAPR NOX

Ozone Season Group 2 allowance 

allocated for a control period after 2022 

under this subpart or § 97.1026(e)(1)(ii) 

or (e)(2)(ii) to a unit in a State listed in 

§ 52.38(b)(2)(ii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State) or allocated or 

auctioned for a control period after 2022 

in accordance with the provisions of a 

SIP revision approved after November 6, 

2024 for such a State by the 

Administrator under § 52.38(b)(7), (8), 

or (9) of this chapter. 

CSAPR NOX Ozone Season Group 2 

allowance means a limited 

authorization issued and allocated or 

auctioned by the Administrator under 

this subpart, § 97.526, or § 97.1026, or 

by a State or permitting authority under 

a SIP revision approved by the 

Administrator under § 52.38(b)(7), (8), 

or (9) of this chapter, to emit one ton of 

NOX during a control period of the 

specified calendar year for which the 

authorization is allocated or auctioned 

or of any calendar year thereafter under 

the CSAPR NOX Ozone Season Group 2 

Trading Program, where each CSAPR 

NOX Ozone Season Group 2 allowance 

is either a CSAPR NOX Ozone Season 

Original Group 2 allowance or a CSAPR 

NOX Ozone Season Expanded Group 2 

allowance. 

* * * * * 

CSAPR NOX Ozone Season Group 3 

allowance means a limited 

authorization issued and allocated or 

auctioned by the Administrator under 

subpart GGGGG of this part or § 97.826, 

or by a State or permitting authority 

under a SIP revision approved by the 

Administrator under § 52.38(b)(10), (11), 

or (12) of this chapter, to emit one ton 

or less of NOX during a control period 

of the specified calendar year for which 

the authorization is allocated or 

auctioned or of any calendar year 

thereafter under the CSAPR NOX Ozone 

Season Group 3 Trading Program. 

* * * * * 

■ 19. Amend § 97.806 by revising and 

republishing paragraph (c)(4)(iv) to read 

as follows: 

§ 97.806 Standard requirements. 

* * * * * 

(c) * * * 

(4) * * * 

(iv) A CSAPR NOX Ozone Season 

Group 2 allowance held for compliance 

with the requirements under paragraphs 

(c)(1)(i), (c)(1)(ii)(A), and (c)(2)(i) 

through (iii) of this section for a source 

or group of sources in a State listed in 

§ 52.38(b)(2)(ii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State) for a control period after 

2022 must be a CSAPR NOX Ozone 

Season Expanded Group 2 allowance. 

* * * * * 

■ 20. Amend § 97.810 by: 

■ a. Adding paragraphs (a)(4)(iv) 

through (vi), (a)(5)(iv) through (vi), 

(a)(10)(iv) through (vi), (a)(11)(iv) 

through (vi), (a)(14)(iv) through (vi), 

(a)(15)(iv) through (vi), (a)(16)(iv) 

through (vi), (a)(18)(iv) through (vi), and 

(a)(21)(iv) through (vi); and 

■ b. Revising and republishing 

paragraphs (a)(23) and (b)(4), (5), (10), 

(11), (14), (15), (16), (18), (21), and (23). 

The additions, revisions, and 

republications read as follows: 

§ 97.810 State NOX Ozone Season Group 2 

trading budgets, new unit set-asides, Indian 

country new unit set-asides, and variability 

limits. 

(a) * * * 

(4) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

8,059 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 244 tons. 

(vi) [Reserved] 

(5) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

9,564 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 190 tons. 

(vi) [Reserved] 

* * * * * 

(10) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

1,348 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 122 tons. 

(vi) [Reserved] 

(11) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

9,786 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 382 tons. 

(vi) The Indian country new unit setaside for 2024 and thereafter is 10 tons. 

* * * * * 

(14) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

1,253 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 27 tons. 

(vi) [Reserved] 

(15) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

3,403 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 167 tons. 

(vi) The Indian country new unit setaside for 2024 and thereafter is 3 tons. 

(16) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

9,773 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 290 tons. 

(vi) [Reserved] 

* * * * * 

(18) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

8,373 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 339 tons. 

(vi) [Reserved] 

* * * * * 

(21) * * * 

(iv) The NOX Ozone Season Group 2 

trading budget for 2024 and thereafter is 

3,663 tons. 

(v) The new unit set-aside for 2024 

and thereafter is 150 tons. 

(vi) [Reserved] 

* * * * * 

(23) Wisconsin. (i) The NOX Ozone 

Season Group 2 trading budget for 2017 

through 2022 and for 2024 and 

thereafter is 7,915 tons. 

(ii) The new unit set-aside for 2017 

through 2022 and for 2024 and 

thereafter is 151 tons. 

(iii) The Indian country new unit setaside for 2017 through 2022 and for 

2024 and thereafter is 8 tons. 

(b) * * * 

(4)(i) The variability limit for Illinois 

for 2017 through 2020 is 3,066 tons. 

(ii) The variability limit for Illinois for 

2024 and thereafter is 1,692 tons. 

(5)(i) The variability limit for Indiana 

for 2017 through 2020 is 4,894 tons. 

(ii) The variability limit for Indiana 

for 2024 and thereafter is 2,008 tons. 

* * * * * 

(10)(i) The variability limit for 

Maryland for 2017 through 2020 is 804 

tons. 

(ii) The variability limit for Maryland 

for 2024 and thereafter is 283 tons. 

(11)(i) The variability limit for 

Michigan for 2017 through 2020 is 3,575 

tons. 

(ii) The variability limit for Michigan 

for 2024 and thereafter is 2,055 tons. 

* * * * * 

(14)(i) The variability limit for New 

Jersey for 2017 through 2020 is 433 tons. 

(ii) The variability limit for New 

Jersey for 2024 and thereafter is 263 

tons. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87973 

(15)(i) The variability limit for New 

York for 2017 through 2020 is 1,078 

tons. 

(ii) The variability limit for New York 

for 2024 and thereafter is 715 tons. 

(16)(i) The variability limit for Ohio 

for 2017 through 2020 is 4,100 tons. 

(ii) The variability limit for Ohio for 

2024 and thereafter is 2,052 tons. 

* * * * * 

(18)(i) The variability limit for 

Pennsylvania for 2017 through 2020 is 

3,770 tons. 

(ii) The variability limit for 

Pennsylvania for 2024 and thereafter is 

1,758 tons. 

* * * * * 

(21)(i) The variability limit for 

Virginia for 2017 through 2020 is 1,937 

tons. 

(ii) The variability limit for Virginia 

for 2024 and thereafter is 769 tons. 

* * * * * 

(23) The variability limit for 

Wisconsin for 2017 through 2022 and 

for 2024 and thereafter is 1,662 tons. 

* * * * * 

■ 21. Amend § 97.811 by revising and 

republishing the paragraph (d) heading, 

paragraph (d)(1), the paragraph (e) 

heading, and paragraph (e)(1) to read as 

follows: 

§ 97.811 Timing requirements for CSAPR 

NOX Ozone Season Group 2 allowance 

allocations. 

* * * * * 

(d) Recall of CSAPR NOX Ozone 

Season Original Group 2 allowances 

allocated for control periods in 2021 

through 2024. (1) Notwithstanding any 

other provision of this subpart, part 52 

of this chapter, or any SIP revision 

approved under § 52.38(b) of this 

chapter, the provisions of this paragraph 

and paragraphs (d)(2) through (7) of this 

section shall apply with regard to each 

CSAPR NOX Ozone Season Original 

Group 2 allowance that was allocated 

for a control period in 2021 through 

2024 to any unit (including a 

permanently retired unit qualifying for 

an exemption under § 97.805) in a State 

listed in § 52.38(b)(2)(ii)(B) of this 

chapter (and Indian country within the 

borders of such a State) and that was 

initially recorded under § 97.821(d) or 

(e)(1) in the compliance account for the 

source that includes the unit, whether 

such CSAPR NOX Ozone Season 

Original Group 2 allowance was 

allocated pursuant to this subpart or 

pursuant to a SIP revision approved 

under § 52.38(b) of this chapter and 

whether such CSAPR NOX Ozone 

Season Original Group 2 allowance 

remains in such compliance account or 

has been transferred to another 

Allowance Management System 

account. 

* * * * * 

(e) Recall of CSAPR NOX Ozone 

Season Original Group 2 allowances 

allocated for control periods in 2023 

and 2024. (1) Notwithstanding any other 

provision of this subpart, part 52 of this 

chapter, or any SIP revision approved 

under § 52.38(b) of this chapter, the 

provisions of this paragraph (e)(1) and 

paragraphs (e)(2) through (7) of this 

section shall apply with regard to each 

CSAPR NOX Ozone Season Original 

Group 2 allowance that was allocated 

for a control period in 2023 or 2024 to 

any unit (including a permanently 

retired unit qualifying for an exemption 

under § 97.805) in a State listed in 

§ 52.38(b)(2)(ii)(C) of this chapter and 

not listed in § 52.38(b)(2)(iii)(D)(2) of 

this chapter (and Indian country within 

the borders of such a State) and that was 

initially recorded under § 97.821(e)(1) in 

the compliance account for the source 

that includes the unit, whether such 

CSAPR NOX Ozone Season Original 

Group 2 allowance was allocated 

pursuant to this subpart or pursuant to 

a SIP revision approved under § 52.38(b) 

of this chapter and whether such 

CSAPR NOX Ozone Season Original 

Group 2 allowance remains in such 

compliance account or has been 

transferred to another Allowance 

Management System account. 

* * * * * 

■ 22. Amend § 97.821 by revising and 

republishing paragraph (e)(2), adding 

paragraphs (e)(3) and (4), and revising 

and republishing paragraph (f) to read as 

follows: 

§ 97.821 Recordation of CSAPR NOX

Ozone Season Group 2 allowance 

allocations and auction results. 

* * * * * 

(e) * * * 

(2) After the Administrator has carried 

out the procedures in § 97.811(d), for 

sources in a State listed in 

§ 52.38(b)(2)(iii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State), by September 5, 2023, 

or, with regard to sources in West 

Virginia, as soon as practicable on or 

after September 29, 2023, the 

Administrator will record in each 

CSAPR NOX Ozone Season Group 2 

source’s compliance account the CSAPR 

NOX Ozone Season Expanded Group 2 

allowances allocated to the CSAPR NOX

Ozone Season Group 2 units at the 

source in accordance with § 97.811(a) 

for the control periods in 2023 and 

2024. 

(3) After the Administrator has carried 

out the procedures in § 97.811(d), for 

sources in a State listed in 

§ 52.38(b)(2)(iii)(D)(4) of this chapter 

(and Indian country within the borders 

of such a State), as soon as practicable 

on or after December 6, 2024, the 

Administrator will record in each 

CSAPR NOX Ozone Season Group 2 

source’s compliance account the CSAPR 

NOX Ozone Season Expanded Group 2 

allowances allocated to the CSAPR NOX

Ozone Season Group 2 units at the 

source in accordance with § 97.811(a) 

for the control period in 2024, with the 

following adjustments: 

(i) The quantity of CSAPR NOX Ozone 

Season Expanded Group 2 allowances 

recorded in the compliance account for 

Gilbert Generating Station (plant ID 

2393) will be the quantity allocated in 

accordance with § 97.811(a) minus 3. 

(ii) The quantity of CSAPR NOX

Ozone Season Expanded Group 2 

allowances recorded in the compliance 

account for Warren (plant ID 3132) will 

be the quantity allocated in accordance 

with § 97.811(a) plus 3. 

(iii) The quantity of CSAPR NOX

Ozone Season Expanded Group 2 

allowances recorded in the compliance 

account for Baldwin Energy Complex 

(plant ID 889) will be the quantity 

allocated in accordance with § 97.811(a) 

minus 50. 

(iv) The quantity of CSAPR NOX

Ozone Season Expanded Group 2 

allowances recorded in the compliance 

account for Midland Cogeneration 

Venture (plant ID 10745) will be the 

quantity allocated in accordance with 

§ 97.811(a) plus 50. 

(v) The quantity of CSAPR NOX

Ozone Season Expanded Group 2 

allowances recorded in the compliance 

account for PEI Power Corporation 

(plant ID 50279) will be the quantity 

allocated in accordance with § 97.811(a) 

minus 8. 

(4) After the Administrator has carried 

out the procedures in § 97.811(e), for 

sources in a State listed in 

§ 52.38(b)(2)(iii)(D)(5) of this chapter 

(and Indian country within the borders 

of such a State), as soon as practicable 

on or after December 6, 2024, the 

Administrator will record in each 

CSAPR NOX Ozone Season Group 2 

source’s compliance account the CSAPR 

NOX Ozone Season Original Group 2 

allowances allocated to the CSAPR NOX

Ozone Season Group 2 units at the 

source in accordance with § 97.811(a) 

for the control period in 2024. 

(f) By July 1, 2024, or, for sources in 

a State listed in § 52.38(b)(2)(iii)(D)(4) or 

(5) of this chapter (and Indian country 

within the borders of such a State), as 

soon as practicable on or after December 

6, 2024, and by July 1 of each year 

thereafter, the Administrator will record 


khammond on DSKJM1Z7X2PROD with RULES
87974 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

in each CSAPR NOX Ozone Season 

Group 2 source’s compliance account 

the CSAPR NOX Ozone Season Group 2 

allowances allocated to the CSAPR NOX

Ozone Season Group 2 units at the 

source, or in each appropriate 

Allowance Management System account 

the CSAPR NOX Ozone Season Group 2 

allowances auctioned to CSAPR NOX

Ozone Season Group 2 units, in 

accordance with § 97.811(a), or with a 

SIP revision approved under 

§ 52.38(b)(8) or (9) of this chapter, for 

the control period in the year after the 

year of the applicable recordation 

deadline under this paragraph. 

* * * * * 

■ 23. Amend § 97.824 by revising and 

republishing paragraph (c)(2)(ii) to read 

as follows: 

§ 97.824 Compliance with CSAPR Ozone 

Season Group 2 emissions limitation. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) Any other CSAPR NOX Ozone 

Season Group 2 allowances that were 

transferred to and recorded in the 

compliance account pursuant to this 

subpart or that were recorded in the 

compliance account pursuant to 

§ 97.526 or § 97.1026, in the order of 

recordation. 

* * * * * 

■ 24. Amend § 97.826 by: 

■ a. Revising and republishing 

paragraph (b); 

■ b. Removing and reserving paragraph 

(d)(3); 

■ c. Revising and republishing 

paragraphs (e)(1) introductory text and 

(e)(1)(ii)(B); 

■ d. Removing and reserving paragraph 

(e)(2); and 

■ e. Revising and republishing 

paragraph (f). 

The revisions and republications read 

as follows: 

§ 97.826 Banking and conversion. 

* * * * * 

(b) Any CSAPR NOX Ozone Season 

Group 2 allowance that is held in a 

compliance account or a general 

account will remain in such account 

unless and until the CSAPR NOX Ozone 

Season Group 2 allowance is deducted 

or transferred under § 97.811(c), (d), or 

(e), § 97.823, § 97.824, § 97.825, 

§ 97.827, or § 97.828, or paragraph (c), 

(d), or (e) of this section. 

* * * * * 

(e) * * * 

(1) By September 18, 2023, the 

Administrator will temporarily suspend 

acceptance of CSAPR NOX Ozone 

Season Group 2 allowance transfers 

submitted under § 97.822 and, before 

resuming acceptance of such transfers, 

will take the following actions with 

regard to every general account and 

every compliance account except a 

compliance account for a CSAPR NOX

Ozone Season Group 2 source in a State 

listed in § 52.38(b)(2)(ii)(A) or 

(b)(2)(iii)(D)(1) through (3) of this 

chapter (and Indian country within the 

borders of such a State): 

* * * * * 

(ii) * * * 

(B) The product of the sum of the 

trading budgets for the control period in 

2024 under § 97.1010(a)(1)(i) for all 

States listed in § 52.38(b)(2)(iii)(B) and 

(C) of this chapter and not listed in 

§ 52.38(b)(2)(iii)(D)(2) or (3) of this 

chapter multiplied by 0.21 and further 

multiplied by a fraction whose 

numerator is the number of days from 

August 4, 2023 through September 30, 

2023, inclusive, and whose denominator 

is 153. 

* * * * * 

(f) Notwithstanding any other 

provision of this subpart or any SIP 

revision approved under § 52.38(b)(8) or 

(9) of this chapter, CSAPR NOX Ozone 

Season Expanded Group 2 allowances 

or CSAPR NOX Ozone Season Group 3 

allowances may be used to satisfy 

requirements to hold CSAPR NOX

Ozone Season Original Group 2 

allowances under this subpart and 

CSAPR NOX Ozone Season Group 3 

allowances may be used to satisfy 

requirements to hold CSAPR NOX

Ozone Season Expanded Group 2 

allowances under this subpart as 

follows, provided that nothing in this 

paragraph (f) alters the time as of which 

any such allowance holding 

requirement must be met or limits any 

consequence of a failure to timely meet 

any such allowance holding 

requirement: 

(1)(i) Except as provided in paragraph 

(f)(1)(ii) of this section, after the 

Administrator has carried out the 

procedures set forth in paragraph (d)(1) 

of this section and before November 6, 

2024, the owner or operator of a CSAPR 

NOX Ozone Season Group 2 source in a 

State listed in § 52.38(b)(2)(ii)(B) of this 

chapter (and Indian country within the 

borders of such a State) may satisfy a 

requirement to hold a given number of 

CSAPR NOX Ozone Season Original 

Group 2 allowances for a control period 

in 2017 through 2020 by holding 

instead, in a general account established 

for this sole purpose, an amount of 

CSAPR NOX Ozone Season Group 3 

allowances for the control period in 

2021 (or any later control period for 

which the allowance transfer deadline 

defined in § 97.1002 has passed) 

computed as the quotient, rounded up 

to the nearest allowance, of such given 

number of CSAPR NOX Ozone Season 

Original Group 2 allowances divided by 

the conversion factor determined under 

paragraph (d)(1)(i)(D) of this section. 

(ii) After the Administrator has 

carried out the procedures set forth in 

paragraph (d)(1) of this section and 

§ 97.1026(e)(1) and before November 6, 

2024, the owner or operator of a CSAPR 

NOX Ozone Season Group 2 source in a 

State listed in § 52.38(b)(2)(iii)(D)(1) of 

this chapter (and Indian country within 

the borders of such a State) may satisfy 

a requirement to hold a given number of 

CSAPR NOX Ozone Season Original 

Group 2 allowances for a control period 

in 2017 through 2020 by holding 

instead, in a general account established 

for this sole purpose, an amount of 

CSAPR NOX Ozone Season Expanded 

Group 2 allowances for the control 

period in 2023 (or any later control 

period for which the allowance transfer 

deadline defined in § 97.802 has passed) 

computed as the quotient, rounded up 

to the nearest allowance, of such given 

number of CSAPR NOX Ozone Season 

Original Group 2 allowances divided by 

the conversion factor determined under 

paragraph (d)(1)(i)(D) of this section. 

(2) After the Administrator has carried 

out the procedures set forth in 

paragraph (e)(1) of this section and 

before November 6, 2024, the owner or 

operator of a CSAPR NOX Ozone Season 

Group 2 source in a State listed in 

§ 52.38(b)(2)(ii)(C) of this chapter and 

not listed in § 52.38(b)(iii)(D)(2) of this 

chapter (and Indian country within the 

borders of such a State) may satisfy a 

requirement to hold a given number of 

CSAPR NOX Ozone Season Original 

Group 2 allowances for a control period 

in 2017 through 2022 by holding 

instead, in a general account established 

for this sole purpose, an amount of 

CSAPR NOX Ozone Season Group 3 

allowances for the control period in 

2023 (or any later control period for 

which the allowance transfer deadline 

defined in § 97.1002 has passed) 

computed as the quotient, rounded up 

to the nearest allowance, of such given 

number of CSAPR NOX Ozone Season 

Original Group 2 allowances divided by 

the conversion factor determined under 

paragraph (e)(1)(ii) of this section. 

(3) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 2 Trading Program 

for the control period in the current year 

and required to demonstrate compliance 

under such program for such control 

period by holding CSAPR NOX Ozone 

Season Expanded Group 2 allowances 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87975 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Original Group 2 allowances for 

the control period in a previous year for 

which the allowance transfer deadline 

defined in § 97.802 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Expanded 

Group 2 allowances for the control 

period in the current year. 

(4) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 3 Trading Program 

for the control period in the current year 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Original Group 2 allowances for 

the control period in a previous year for 

which the allowance transfer deadline 

defined in § 97.802 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Group 3 

allowances for the control period in the 

current year. 

(5) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 3 Trading Program 

for the control period in the current year 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Expanded Group 2 allowances 

for the control period in a previous year 

for which the allowance transfer 

deadline defined in § 97.802 has passed 

by holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Group 3 

allowances for the control period in the 

current year. 

■ 25. Amend § 97.830 by revising and 

republishing paragraph (b)(1) to read as 

follows: 

§ 97.830 General monitoring, 

recordkeeping, and reporting requirements. 

* * * * * 

(b) * * * 

(1)(i) May 1, 2017, for a unit other 

than a unit described in paragraph 

(b)(1)(ii) or (iii) of this section; 

(ii) May 1, 2023, for a unit in a State 

listed in § 52.38(b)(2)(iii)(D)(1) of this 

chapter (and Indian country within the 

borders of such a State) that did not 

commence commercial operation at 

least 180 calendar days before 

September 30, 2020; 

(iii) May 1, 2024, for a unit in a State 

listed in § 52.38(b)(2)(iii)(D)(4) of this 

chapter (and Indian country within the 

borders of such a State) that did not 

commence commercial operation at 

least 180 calendar days before 

September 30, 2020, or a unit in a State 

listed in § 52.38(b)(2)(iii)(D)(5) of this 

chapter (and Indian country within the 

borders of such a State) that did not 

commence commercial operation at 

least 180 calendar days before 

September 30, 2022; 

* * * * * 

■ 26. Amend § 97.834 by revising and 

republishing paragraph (d)(2)(i) to read 

as follows: 

§ 97.834 Recordkeeping and reporting. 

* * * * * 

(d) * * * 

(2) * * * 

(i)(A) The calendar quarter covering 

May 1, 2017, through June 30, 2017, for 

a unit other than a unit described in 

paragraph (d)(2)(i)(B) or (C) of this 

section; 

(B) The calendar quarter covering May 

1, 2023, through June 30, 2023, for a 

unit in a State listed in 

§ 52.38(b)(2)(iii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State) that did not commence 

commercial operation at least 180 

calendar days before September 30, 

2020; 

(C) The calendar quarter covering May 

1, 2024, through June 30, 2024, for a 

unit in a State listed in 

§ 52.38(b)(2)(iii)(D)(4) of this chapter 

(and Indian country within the borders 

of such a State) that did not commence 

commercial operation at least 180 

calendar days before September 30, 

2020, or a unit in a State listed in 

§ 52.38(b)(2)(iii)(D)(5) of this chapter 

(and Indian country within the borders 

of such a State) that did not commence 

commercial operation at least 180 

calendar days before September 30, 

2022; 

* * * * * 

Subpart GGGGG—CSAPR NOX Ozone 

Season Group 3 Trading Program 

■ 27. Amend § 97.1002 by revising and 

republishing the introductory text for 

the definition of ‘‘Allocate or 

allocation’’, paragraph (2) of the 

definition of ‘‘Common designated 

representative’s assurance level’’, and 

the definitions of ‘‘CSAPR NOX Ozone 

Season Expanded Group 2 allowance’’, 

‘‘CSAPR NOX Ozone Season Group 2 

allowance’’, and ‘‘CSAPR NOX Ozone 

Season Group 3 allowance’’ to read as 

follows: 

§ 97.1002 Definitions. 

* * * * * 

Allocate or allocation means, with 

regard to CSAPR NOX Ozone Season 

Group 3 allowances, the determination 

by the Administrator, State, or 

permitting authority, in accordance with 

this subpart, § 97.826, and any SIP 

revision submitted by the State and 

approved by the Administrator under 

§ 52.38(b)(10), (11), or (12) of this 

chapter, of the amount of such CSAPR 

NOX Ozone Season Group 3 allowances 

to be initially credited, at no cost to the 

recipient, to: 

* * * * * 

Common designated representative’s 

assurance level * * * 

(2) Provided that the allocations of 

CSAPR NOX Ozone Season Group 3 

allowances for any control period taken 

into account for purposes of this 

definition shall exclude any CSAPR 

NOX Ozone Season Group 3 allowances 

allocated for such control period under 

§ 97.826. 

* * * * * 

CSAPR NOX Ozone Season Expanded 

Group 2 allowance means a CSAPR NOX

Ozone Season Group 2 allowance 

allocated for a control period after 2022 

under subpart EEEEE of this part or 

§ 97.1026(e)(1)(ii) or (e)(2)(ii) to a unit in 

a State listed in § 52.38(b)(2)(ii)(D)(1) of 

this chapter (and Indian country within 

the borders of such a State) or allocated 

or auctioned for a control period after 

2022 in accordance with the provisions 

of a SIP revision approved after 

November 6, 2024 for such a State by 

the Administrator under § 52.38(b)(7), 

(8), or (9) of this chapter. 

* * * * * 

CSAPR NOX Ozone Season Group 2 

allowance means a limited 

authorization issued and allocated or 

auctioned by the Administrator under 

subpart EEEEE of this part, § 97.526, or 

§ 97.1026, or by a State or permitting 

authority under a SIP revision approved 

by the Administrator under 

§ 52.38(b)(7), (8), or (9) of this chapter, 

to emit one ton of NOX during a control 

period of the specified calendar year for 

which the authorization is allocated or 

auctioned or of any calendar year 

thereafter under the CSAPR NOX Ozone 

Season Group 2 Trading Program, where 

each CSAPR NOX Ozone Season Group 

2 allowance is either a CSAPR NOX

Ozone Season Original Group 2 

allowance or a CSAPR NOX Ozone 

Season Expanded Group 2 allowance. 

* * * * * 

CSAPR NOX Ozone Season Group 3 

allowance means a limited 

authorization issued and allocated or 

auctioned by the Administrator under 

this subpart or § 97.826, or by a State or 

permitting authority under a SIP 

revision approved by the Administrator 

under § 52.38(b)(10), (11), or (12) of this 

chapter, to emit one ton or less of NOX

during a control period of the specified 

calendar year for which the 

authorization is allocated or auctioned 


khammond on DSKJM1Z7X2PROD with RULES
87976 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

or of any calendar year thereafter under 

the CSAPR NOX Ozone Season Group 3 

Trading Program. 

* * * * * 

■ 28. Amend § 97.1011 by adding 

paragraph (d) to read as follows: 

§ 97.1011 CSAPR NOX Ozone Season 

Group 3 allowance allocations to existing 

units. 

* * * * * 

(d) Recall of CSAPR NOX Ozone 

Season Group 3 allowances allocated for 

the control period in 2024. As soon as 

practicable on or after November 21, 

2024, the Administrator will deduct 

from every general account and 

compliance account all CSAPR NOX

Ozone Season Group 3 allowances 

allocated for the control period in 2024 

and will record the deductions in each 

such account. 

■ 29. Amend § 97.1024 by revising and 

republishing paragraph (c)(2)(ii) to read 

as follows: 

§ 97.1024 Compliance with CSAPR NOX

Ozone Season Group 3 primary emissions 

limitation; backstop daily NOX emissions 

rate. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) Any other CSAPR NOX Ozone 

Season Group 3 allowances that were 

transferred to and recorded in the 

compliance account pursuant to this 

subpart or that were recorded in the 

compliance account pursuant to 

§ 97.826, in the order of recordation. 

* * * * * 

■ 30. Amend § 97.1026 by revising and 

republishing paragraphs (b), (e), and (f) 

to read as follows: 

§ 97.1026 Banking and conversion; bank 

recalibration. 

* * * * * 

(b) Any CSAPR NOX Ozone Season 

Group 3 allowance that is held in a 

compliance account or a general 

account will remain in such account 

unless and until the CSAPR NOX Ozone 

Season Group 3 allowance is deducted 

or transferred under § 97.1011(c) or (d), 

§ 97.1012(c), § 97.1023, § 97.1024, 

§ 97.1025, § 97.1027, or § 97.1028, or 

paragraph (c), (d), or (e) of this section. 

* * * * * 

(e)(1) Notwithstanding any other 

provision of this subpart, by September 

18, 2023, or, with regard to sources in 

West Virginia, as soon as practicable on 

or after September 29, 2023, the 

Administrator will temporarily suspend 

acceptance of CSAPR NOX Ozone 

Season Group 3 allowance transfers 

submitted under § 97.1022 and, before 

resuming acceptance of such transfers, 

will take the actions in paragraphs 

(e)(1)(i) and (ii) of this section with 

regard to every compliance account for 

a CSAPR NOX Ozone Season Group 3 

source in a State listed in 

§ 52.38(b)(2)(iii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State): 

(i) The Administrator will deduct all 

CSAPR NOX Ozone Season Group 3 

allowances allocated for the control 

periods in 2021 and 2022 from each 

such compliance account. 

(ii) For each CSAPR NOX Ozone 

Season Group 3 allowance deducted 

from a given source’s compliance 

account under paragraph (e)(1)(i) of this 

section, the Administrator will allocate 

to the source and record in the source’s 

compliance account one CSAPR NOX

Ozone Season Expanded Group 2 

allowance for the control period in 

2023. 

(2) Notwithstanding any other 

provision of this subpart, as soon as 

practicable on or after December 23, 

2024, the Administrator will 

temporarily suspend acceptance of 

CSAPR NOX Ozone Season Group 3 

allowance transfers submitted under 

§ 97.1022 and, before resuming 

acceptance of such transfers, will take 

the actions in paragraphs (e)(2)(i) 

through (iii) of this section with regard 

to every compliance account for a 

source in a state listed in 

§ 52.38(b)(2)(iii)(D)(4) or (5) of this 

chapter (and Indian country within the 

borders of such a State): 

(i) The Administrator will deduct all 

CSAPR NOX Ozone Season Group 3 

allowances allocated for the control 

periods in 2021 through 2023 from each 

such compliance account. 

(ii) For each CSAPR NOX Ozone 

Season Group 3 allowance deducted 

from the compliance account for a 

source in a State listed in 

§ 52.38(b)(2)(iii)(D)(4) of this chapter 

(and Indian country within the borders 

of such a State) under paragraph (e)(2)(i) 

of this section, the Administrator will 

allocate and record in the account one 

CSAPR NOX Ozone Season Expanded 

Group 2 allowance for the control 

period in 2024. 

(iii) For each CSAPR NOX Ozone 

Season Group 3 allowance deducted 

from the compliance account for a 

source in a State listed in 

§ 52.38(b)(2)(iii)(D)(5) of this chapter 

(and Indian country within the borders 

of such a State) under paragraph (e)(2)(i) 

of this section, the Administrator will 

allocate and record in the account one 

CSAPR NOX Ozone Season Original 

Group 2 allowance for the control 

period in 2024. 

(f) Notwithstanding any other 

provision of this subpart, CSAPR NOX

Ozone Season Original Group 2 

allowances or CSAPR NOX Ozone 

Season Expanded Group 2 allowances 

may be used to satisfy requirements to 

hold CSAPR NOX Ozone Season Group 

3 allowances under this subpart as 

follows, provided that nothing in this 

paragraph (f) alters the time as of which 

any such allowance holding 

requirement must be met or limits any 

consequence of a failure to timely meet 

any such allowance holding 

requirement: 

(1) After the Administrator has carried 

out the procedures set forth in 

paragraph (e)(1) of this section and 

before November 6, 2024, the owner or 

operator of a CSAPR NOX Ozone Season 

Group 3 source in a State listed in 

§ 52.38(b)(2)(iii)(D)(1) of this chapter 

(and Indian country within the borders 

of such a State) may satisfy a 

requirement to hold a given number of 

CSAPR NOX Ozone Season Group 3 

allowances for the control period in 

2021 or 2022 by holding instead, in a 

general account established for this sole 

purpose, an equal amount of CSAPR 

NOX Ozone Season Expanded Group 2 

allowances for the control period in 

2023 (or any later control period for 

which the allowance transfer deadline 

defined in § 97.802 has passed). 

(2) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 2 Trading Program 

for the control period in the current year 

and required to demonstrate compliance 

under such program for such control 

period by holding CSAPR NOX Ozone 

Season Original Group 2 allowances 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Group 3 allowances for the 

control period in a previous year for 

which the allowance transfer deadline 

defined in § 97.1002 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Original 

Group 2 allowances for the control 

period in the current year. 

(3) On or after November 6, 2024, the 

owner or operator of a source subject to 

the requirements of the CSAPR NOX

Ozone Season Group 2 Trading Program 

for the control period in the current year 

and required to demonstrate compliance 

under such program for such control 

period by holding CSAPR NOX Ozone 

Season Expanded Group 2 allowances 

may satisfy a requirement to hold a 

given number of CSAPR NOX Ozone 

Season Group 3 allowances for the 

control period in a previous year for 

which the allowance transfer deadline 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87977 

defined in § 97.1002 has passed by 

holding instead in the source’s 

compliance account an equal number of 

CSAPR NOX Ozone Season Expanded 

Group 2 allowances for the control 

period in the current year. 

[FR Doc. 2024–25501 Filed 11–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Chapter 302 

[Notice-MA–2025–01; Docket No. 2024– 

0002; Sequence No. 50] 

Federal Travel Regulation (FTR); 

Relocation Allowances—Waiver of 

Certain Federal Travel Regulation 

(FTR) Provisions Regarding 

Reimbursement of Relocation 

Expenses for Residential Realtor 

Broker Fees or Real Estate 

Commissions 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Notification of GSA Bulletin 

FTR 25–03. 

SUMMARY: GSA Bulletin FTR 25–03 

informs Federal agencies that certain 

provisions of the FTR governing official 

relocation entitlements for residence 

transactions are temporarily waived in 

light of practice changes in the 

residential real estate industry that 

affect broker compensation. 

DATES: Applicability Date: This 

notification is effective upon the date of 

signature and retroactively applies to 

buyer broker fees/real estate 

commissions incurred by an employee 

on and after August 17, 2024, in 

connection with the purchase of a 

residence at the new official station 

incident to their relocation. This 

bulletin will remain in effect until 

explicitly canceled or superseded. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Miller at 202–501–3822, or Ms. Jill 

Denning at 202–208–7642, Office of 

Government-wide Policy, Office of 

Asset and Transportation Management, 

or by email at travelpolicy@gsa.gov. 

Please cite Notice of GSA Bulletin FTR 

25–03. 

SUPPLEMENTARY INFORMATION: 

Background 

Prior to August 17, 2024, the 

customary practice in residential real 

estate transactions was for only the 

seller to pay a broker fee or commission. 

The seller’s agent would then split the 

fee/commission with the buyer’s agent 

upon sale of the home. As a result of 

changes to the residential real estate 

industry that went into effect on August 

17, 2024, homebuyers now sign an 

agreement with their agent specifying 

the amount or rate of compensation the 

agent will receive, or how this amount 

will be determined. While sellers and 

their agents can still offer to pay a 

buyer’s agent fee/commission, that 

exchange must be separately bargained 

for. This means that in some 

transactions, homebuyers will be 

required to pay the full buyer’s agent 

fee/commission. 

At present, eligible relocating Federal 

employees are reimbursed for the 

broker’s fee or real estate commission 

they paid in the sale of their residence 

at the last official station pursuant to 41 

CFR 302–11.200(a). However, 41 CFR 

302–11.202(b) prohibits reimbursement 

for broker fees or commissions paid in 

connection with the purchase of a home 

at the new official station. Accordingly, 

OGP is temporarily waiving language in 

41 CFR 302–11.200(a) and 302– 

11.202(b) to allow agencies to 

retroactively reimburse eligible 

relocating employees for buyer broker 

fees/real estate commissions incurred by 

an employee on and after August 17, 

2024, in connection with the purchase 

of a residence at the new official station 

incident to their relocation. 

GSA Bulletin FTR 25–03 can be 

viewed at https://www.gsa.gov/ 

ftrbulletins. 

Mehul Parekh, 

Acting Associate Administrator, Office of 

Government-wide Policy. 

[FR Doc. 2024–25815 Filed 11–5–24; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1304 

RIN 0970–AD09 

Head Start Program CLASS 

Implementation Date Delay 

AGENCY: Office of Head Start (OHS), 

Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Final rule; delay of 

implementation date. 

SUMMARY: This final rule describes how 

the Office of Head Start officially delays 

the date for programs to meet the new 

competitive threshold for the 

Instructional Support domain of the 

Classroom Assessment Scoring System 

(CLASS®) used to determine whether a 

Head Start agency will be subject to an 

open competition under the Designation 

Renewal System (DRS). The 

implementation date in the Head Start 

Program Performance Standards that 

raises the CLASS® Instructional Support 

competitive threshold from 2.3 to 2.5 

was August 1, 2025. This final rule 

officially delays this implementation 

date to August 1, 2027. 

DATES: 

Effective date: This final rule is 

effective on November 6, 2024. 

Implementation date: The 

implementation date for the increased 

CLASS® Instructional Support 

competitive threshold of 2.5 as 

described in 45 CFR 1304.11(c)(1)(iii) is 

delayed until August 1, 2027. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Bialecki, Office of Head Start, 

202–240–3901 or Jessica.Bialecki@

acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Table of Abbreviations 

II. Executive Summary 

III. Background and Purpose 

A. Background and History 

B. Authority 

C. Basis and Purpose of Regulatory Action 

IV. Discussion of Elements of the Final Rule 

V. Waiver of Notice and Comment Process 

VI. Regulatory Process Matters 

VII. Regulatory Impact Analysis 

I. Table of Abbreviations 

ACF—Administration for Children and 

Families 

CLASS®—Classroom Assessment 

Scoring System 

DRS—Designation Renewal System 

HHS—U.S. Department of Health and 

Human Services 

HSPPS—Head Start Program 

Performance Standards 

OHS—Office of Head Start 

II. Executive Summary 

This final rule describes how the 

Office of Head Start (OHS) officially 

delays the date for programs to meet the 

new competitive threshold for the 

Instructional Support domain of the 

Classroom Assessment Scoring System 

(CLASS®) used to determine whether a 

Head Start agency will be subject to an 

open competition under the Designation 

Renewal System (DRS). The 

implementation date in the Head Start 

Program Performance Standards 

(HSPPS) that raises the CLASS®

Instructional Support competitive 

threshold from 2.3 to 2.5 was August 1, 

2025. This final rule officially delays 


khammond on DSKJM1Z7X2PROD with RULES