44292 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 

1Federal Implementation Plans: Interstate 

Transport of Fine Particulate Matter and Ozone and 

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

48208). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0313; FRL–9931–24– 

Region 4] 

Approval and Promulgation of 

Implementation Plans for the State of 

Alabama: Cross-State Air Pollution 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the State of Alabama’s 

March 27, 2015, State Implementation 

Plan (SIP) revision, submitted by the 

Alabama Department of Environmental 

Management (ADEM). This SIP revision 

provides Alabama’s state-determined 

allowance allocations for existing 

electric generating units (EGUs) in the 

State for the 2016 control periods and 

replaces the allowance allocations for 

the 2016 control periods established by 

EPA under the Cross-State Air Pollution 

Rule (CSAPR). The CSAPR addresses 

the ‘‘good neighbor’’ provision of the 

Clean Air Act (CAA or Act) that requires 

states to reduce the transport of 

pollution that significantly affects 

downwind nonattainment and 

maintenance areas. In this direct final 

action, EPA is approving Alabama’s SIP 

revision, incorporating the statedetermined allocations for the 2016 

control periods into the SIP, and 

amending the regulatory text of the 

CSAPR Federal Implementation Plan 

(FIP) to reflect this approval and 

inclusion of the state-determined 

allocations. The CSAPR FIPs for 

Alabama remain in place until such 

time as the State decides to replace the 

FIPs with a SIP revision to allocate 

trading program allowances for control 

periods 2017 and beyond. EPA is taking 

direct final action to approve Alabama’s 

SIP revision because it meets the 

requirements of the CAA and the 

CSAPR requirements to replace EPA’s 

allowance allocations for the 2016 

control periods. This action is being 

taken pursuant to the CAA and its 

implementing regulations. 

DATES: This direct final rule is effective 

September 25, 2015 without further 

notice, unless EPA receives adverse 

comment by August 26, 2015. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0313, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0313,’’ Air Regulatory Management 

Section (formerly Regulatory 

Development Section), Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch (formerly Air 

Planning Branch), Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2015– 

0313. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should not have special 

characters or any form of encryption, 

and be free of any defects or viruses. For 

additional information about EPA’s 

public docket visit the EPA Docket 

Center homepage at http://

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

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

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

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Twunjala Bradley can be reached by 

phone at (404) 562–9352 or via 

electronic mail at bradley.twunjala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

EPA is taking direct final action to 

approve Alabama’s March 27, 2015, SIP 

revision submitted by ADEM that 

narrowly modifies the allocations of 

allowances established by EPA under 

the CSAPR FIPs for existing EGUs for 

the 2016 control periods.1 The CSAPR 

allows a subject state, instead of EPA, to 

allocate allowances under the SO2, NOX

annual, and NOX ozone season trading 

programs to existing EGUs in the State 

for the 2016 control periods provided 

that the state meets certain regulatory 


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2The CSAPR is implemented in two Phases (I and 

II) with Phase I referring to 2015 and 2016 control 

periods, and Phase II consisting of 2017 and beyond 

control periods. 

3Rule To Reduce Interstate Transport of Fine 

Particulate Matter and Ozone Clean Air Interstate 

Rule; Revisions to Acid Rain Program; Revisions to 

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

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

2008), modified on reh’g by 550 F.3d 1176. 

5National Ambient Air Quality Standards for 

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

6National Ambient Air Quality Standards for 

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

7National Ambient Air Quality Standards for 

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

8States can also submit SIP revisions to replace 

EPA-determined, existing unit allocations with 

state-determined allocations for control periods 

after 2016 via a separate process described at 40 

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

52.39(e), (f), (h) and (i). See also Preamble of the 

CSAPR and Interim Final Rule (76 FR 48208 and 

79 FR 71663). 

9Alabama informed EPA of their intention in a 

letter dated September 16, 2011. For the five states 

(Iowa, Michigan, Missouri, Oklahoma, and 

Wisconsin) covered in the Supplemental Rule in 

the case of ozone season NOX, March 6, 2012, was 

the date by which notifications of intentions to 

submit state allocations were due to the 

Administrator. See 76 FR 80760, 79 FR 71663 and 

40 CFR 52.38(b)(3)(v). Note that the March 6, 2012 

deadline for such notifications was modified by the 

December 3, 2014 Interim Final Rule to March 6, 

2015. See 79 FR 71671. 

10The docket for this action contains Alabama’s 

September 16, 2011 letter notifying EPA of its 

intention to submit a SIP revision. 

11 In the case of ozone season NOX, SIP revisions 

to address 2016 allocations for the five states 

covered by the Supplemental Rule are due by 

October 1, 2015. See 40 CFR 52.38(b)(3)(v)(B). 

requirements.2 EPA issued the CSAPR 

on August 8, 2011, to address CAA 

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

concerning the interstate transport of air 

pollution and to replace the Clean Air 

Interstate Rule 3 (CAIR), which the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit) remanded to EPA for 

replacement.4 EPA found that emissions 

of SO2 and NOX in 28 eastern, 

midwestern, and southern states 

contribute significantly to 

nonattainment or interfere with 

maintenance in one or more downwind 

states with respect to one or more of 

three air quality standards—the annual 

PM2.5 NAAQS promulgated in 1997 5 (15 

micrograms per cubic meter (mg/m3), the 

24-hour PM2.5 NAAQS promulgated in 

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

NAAQS promulgated in 1997 7 (0.08 

parts per million). The CSAPR 

identified emission reduction 

responsibilities of upwind states, and 

also promulgated enforceable FIPs to 

achieve the required emission 

reductions in each of these states 

through cost effective and flexible 

requirements for power plants. 

Alabama is subject to the FIPs that 

implement the CSAPR and require 

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

and NOX ozone season cap-and trade 

programs. Alabama’s March 27, 2015, 

SIP revision allocates state-determined 

allowances under the CSAPR to existing 

EGUs in the State for the 2016 control 

periods only, utilizing the same 

methodology EPA established to 

allocate unit-specific allowances under 

the CSAPR FIPs, but allowing for 

modifications to specific aspects of the 

allocation methodology to address the 

State’s and source owners/operators 

unique implementation situations. 

Alabama’s SIP revision includes statedetermined allocations for the CSAPR 

NOX (annual and ozone season) and SO2

trading programs, and complies with the 

2016 allocation SIP requirements set 

forth at 40 CFR 52.38 and 52.39. Under 

these regulations, a state may replace 

EPA’s CSAPR allowance allocations for 

existing EGUs for the 2016 control 

periods provided that the state submits 

a SIP revision containing those 

allocations to EPA no later than April 1, 

2015 that meets the requirements in 40 

CFR 52.38 and 52.39. 

Through this action, EPA is approving 

Alabama’s March 27, 2015, SIP revision, 

incorporating the allocations into the 

SIP, and amending the CSAPR FIP’s 

regulatory text for Alabama at 40 CFR 

52.54 and 52.55 to reflect this approval 

and inclusion of the state-determined 

allowance allocation for the 2016 

control periods. EPA is not making any 

other changes to the CSAPR FIPs for 

Alabama in this action. The CSAPR FIPs 

for Alabama remain in place until such 

time the State decides to replace the 

FIPs with a SIP revision to allocate 

trading program allowances for control 

periods 2017 and beyond. EPA is taking 

direct final action to approve Alabama’s 

March 27, 2015, SIP submission because 

it complies with the CAA and the 

CSAPR. Below is a summary of the 

provisions allowing a state to submit 

SIP revisions to EPA to modify the 2016 

allowance allocations. For more detailed 

information on the CSAPR, refer to the 

August 8, 2011, preamble and other 

subsequent related rulemakings 

referenced throughout this rulemaking. 

II. 2016 CSAPR SIPs 

The CSAPR allows states to make 

2016 allowance allocations through 

submittal of a complete SIP revision that 

is narrower in scope than an abbreviated 

or full SIP submission states use to 

replace the FIPs and/or to make 

allocation decisions for 2017 and 

beyond. Pursuant to the CSAPR, a state 

may adopt and include in a SIP revision 

for the 2016 control period a list of units 

and the amount of allowances allocated 

to each unit on the list, provided the list 

of units and allocations meets specific 

requirements set forth in 40 CFR 

52.38(a)(3) and (b)(3) and 52.39(d) and 

(g) for NOX and SO2, respectively. See 

40 CFR 52.38 and 52.39. If these 

requirements are met, the Administrator 

will approve the allowance allocation 

provisions replacing the provisions in 

40 CFR part 97 for the State. SIP 

revisions under this expedited process 

may only allocate each state budget 

minus the new unit set-aside and the 

Indian country new unit set-aside. For 

states subject to multiple trading 

programs, options are available to 

submit 2016 state-determined 

allocations for one or more of the 

applicable trading programs while 

leaving unchanged the EPA-determined 

allocations for 2016 in the remaining 

applicable trading programs.8

In developing this procedure, EPA set 

deadlines for submitting the SIP 

revisions for 2016 allocations and for 

recordation of the allocations that 

balanced the need to record allowances 

sufficiently ahead of the control periods 

with the desire to allow state flexibility 

for 2016 control periods. These 

deadlines allow sufficient time for EPA 

to review and approve these SIP 

revisions, taking into account that EPA 

approval must be final and effective 

before the 2016 allocations can be 

recorded and the allowances are 

available for trading. The CSAPR set an 

October 17, 2011 deadline for states to 

notify EPA of their intent to submit 

these SIP revisions modifying allowance 

allocations for the second control 

periods (except with respect to the 

changes established in the 

Supplemental Rule) and replace the 

provisions of the CSAPR FIPs (40 CFR 

part 97) with regard to the State and the 

control periods in 2016 with a list of 

EGUs and the amount of allowances 

allocated to each. See 40 CFR 52.38 and 

52.39.9

Twelve states, including Alabama, 

notified EPA by the deadline of their 

intentions to submit their 2013 

allocation SIPs to EPA by April 1, 2012, 

for the second control periods.10

However, pursuant to EPA’s December 

3, 2014, Interim Final Rule, the deadline 

to submit these SIPs was tolled for three 

years, in effect requiring states, 

including Alabama, to submit a 2016 

state-determined allocation SIP by April 

1, 2015, for the CSAPR 2016 control 

periods.11 Each state may submit a SIP 

to allocate state-determined allowances 

for the 2016 control periods provided it 


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12The original requirement to submit a complete 

SIP to EPA was by April 1, 2012 (as per 40 CFR 

52.38(a)(3)(v)(B)). However, April 1, 2012 was a 

Sunday, thus, the notification from the State 

indicates that the State intended to submit the SIP 

revisions by April 2, 2012, rather than April 1, 

2012. 

meets the following requirements 

pursuant to 40 CFR 52.38 and 52.39: 

• Notify the EPA Administrator by 

October 17, 2011, of intent to submit 

state allocations for the 2016 control 

periods (formerly 2013) in a format 

specified by the Administrator. See 40 

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

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

• Submit to EPA the state-determined 

allocation list SIP revision modifying 

allowance allocations for the 2016 

control periods no later than April 1, 

2015. See 40 CFR 52.38(a)(3)(v)(B), 

52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 

52.39(g)(5)(ii). 

• Provide a 2016 state-determined 

allocation list only for units within the 

State that commenced commercial 

operation before January 1, 2010. See 40 

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

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

• Ensure the sum of the statedetermined allocations are equal to or 

are less than the total state budget for 

2016 minus the sum of the new unit setaside and the Indian country new unit 

set-aside. See 40 CFR 52.38(a)(3)(ii), 

52.38(b)(3)(ii), 52.39(d)(2), and 

52.39(g)(2). 

• Submit the 2016 state-determined 

allowance allocation list as a SIP 

revision electronically to EPA in the 

format specified by the Administrator. 

See 40 CFR 52.38(a)(3)(iii), 

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

52.39(g)(3). 

• Confirm that the SIP revision does 

not provide for any changes to the listed 

units or allocations after approval of the 

SIP revision by EPA and does not 

provide for any change to any allocation 

determined and recorded by the 

Administrator under subpart AAAAA, 

BBBBB, CCCCC, or DDDDD of 40 CFR 

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

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

52.39(g)(4). 

Additionally, these narrow SIP 

revisions for the 2016 state-determined 

allocations are required to comply with 

SIP completeness elements set forth in 

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

conduct adequate public notice of the 

submission, provide evidence of legal 

authority to adopt SIP revisions, and 

ensure the SIP is submitted to EPA by 

the State’s Governor or his/her 

designee). If a qualified state (i.e., one of 

the twelve states that met the October 

17, 2011, notification deadline) submits 

to EPA a 2016 CSAPR SIP by April 1, 

2015, meeting all the above-described 

requirements and EPA approves the SIP 

submission by October 1, 2015, EPA 

will record state-determined allocations 

for 2016 by October 1, 2015, into the 

Allowance Management System (AMS). 

Alabama’s March 27, 2015, SIP 

submission addresses the 

aforementioned requirements allowing a 

state to allocate 2016 CSAPR allowances 

for the annual and ozone season NOX

and Group 2 SO2 trading programs. 

EPA’s analysis of Alabama’s SIP 

submission is explained below in 

section III. 

III. What is EPA’s analysis of 

Alabama’s SIP submission? 

On March 27, 2015, Alabama 

submitted a SIP revision intended to 

replace the CSAPR FIP allocations of 

Transport Rule (TR) NOX annual, TR 

NOX Ozone season, and TR SO2 Group 

2 allowances for the 2016 control 

periods. For approval, this SIP revision 

must meet the specific requirements 

found in 40 CFR 52.38(a)(1) through (3), 

(b)(1) through (3), and 52.39(a), (c), and 

(g) described above. The following is a 

list of criteria under 40 CFR 52.38 and 

.39, described in Part II of this 

document, and the results of EPA’s 

analysis of Alabama’s SIP revision: 

A. A complete SIP revision must be 

submitted to EPA no later than April 1, 

2015 (40 CFR 52.38(a)(3)(v)(B), 

52.38(b)(3)(v)(B), and 52.39(g)(5)(ii)). 

EPA has reviewed the March 27, 2015 

submittal from Alabama and found it to 

be complete. This submittal satisfies the 

applicable elements of SIP completeness 

set forth in appendix V to 40 CFR part 

51. 

B. Notification from a State to EPA 

must be received by October 17, 2011, 

or March 6, 2015, in the case of ozone 

season NOX SIP revisions for states 

covered by the December 27, 2011 

Supplemental Rule (76 FR 80760), of its 

intent to submit a complete SIP revision 

for 2016 existing unit allocations (40 

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

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

On September 16, 2011, Alabama 

notified EPA via a letter of the State’s 

intent to submit complete SIP revisions 

for allocating TR NOX Annual, TR NOX

Ozone season, and TR SO2 Group 2 

allowances to existing units (i.e., units 

that commenced commercial operation 

before January 1, 2010). Although the 

letter indicates that that the State 

intended to submit the SIP revisions by 

the April 2, 2012 12 deadline addressing 

the allocation of TR allowances for the 

2013 control periods, these dates have 

been tolled by three years in the Interim 

Final Rule (79 FR 71663, December 3, 

2014. See footnote 5.). The September 

16, 2011 letter submitted by Alabama 

notifying EPA of the State’s intent to 

submit revised CSAPR SIPs submittal 

satisfies the requirements of 40 CFR 

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

52.39(g)(5)(i). 

C. The SIP revision should include a 

list of TR NOX Annual, TR NOX Ozone 

Season, TR SO2 Group 1 or Group 2 

units, whichever is applicable, that are 

in the State and commenced 

commercial operation before January 1, 

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

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

52.39(g)(1)). 

As part of Alabama’s SIP revision, the 

State submitted a list of units to be 

allocated TR NOX Annual, TR NOX

Ozone Season, and TR SO2 Group 2 

allowances for the 2016 control periods. 

The list identifies the same units as 

were identified in the notice of data 

availability (NODA) published by EPA 

on December 3, 2014 (79 FR 71674). 

Hence, EPA has determined that each 

unit on the list submitted by Alabama 

as part of the SIP revision is located in 

the State of Alabama and had 

commenced commercial operation 

before January 1, 2010. 

D. The total amount of TR NOX

annual, TR NOX Ozone Season, or TR 

SO2 Group 1 or Group 2 allowance 

allocations, whichever is applicable, 

must not exceed the amount, under 40 

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

97.710(a), whichever is applicable for 

the State and the control periods in 

2016, of TR NOX Annual, TR NOX

Ozone Season, TR SO2 Group 1 or 

Group 2 trading budget minus the sum 

of the new unit set-aside and Indian 

country new unit set-aside (40 CFR 

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

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

The CSAPR established the budgets 

and new unit set-asides for Alabama for 

the 2016 control periods as 72,691 tons 

for TR NOX annual emissions and 1,454 

tons for TR NOX Annual new unit setaside; 31,746 tons for TR NOX ozone 

season emissions and 635 tons for the 

TR NOX ozone season new unit setaside; 216,033 tons for TR SO2 Group 2 

emissions and 4,321 for the TR SO2

Group 2 new unit set-aside. Alabama’s 

SIP revision, for approval in this action, 

does not affect these budgets, which are 

total amount of allowances available for 

allocation for the 2016 control periods 

under the EPA-administered cap-andtrade program under the CSAPR FIPs. In 

short, the abbreviated SIP revision only 

affects allocations of allowances under 

the established budgets. 

The Alabama SIP revision allocating 

TR NOX annual allowances for the 2016 

control period does not exceed the 

budget under 40 CFR 97.410(a) minus 


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13The State of Alabama does not have a budget 

under 40 CFR 97.410(a) for a NOX Annual Indian 

Country new unit set-aside for the 2016 control 

period. 

14The State of Alabama does not have a budget 

under 40 CFR 97.510(a) for a NOX Ozone Season 

Indian Country new unit set-aside for the 2016 

control period. 

15The State of Alabama does not have a budget 

under 40 CFR 97.710(a) for a Group 2 SO2 Indian 

Country new unit set-aside for the 2016 control 

period. 

16The quantities of allowances to be allocated 

through this process may differ slightly from the 

amounts set forth in 40 CFR 97.410(a), 97.510(a), 

97.610(a), and 97.710(a) because of rounding in the 

spreadsheet of CSAPR FIP allowance allocations to 

existing units. 

the new unit set-aside (72,691 tons ¥ 

1,454 = 71,237).13 The Alabama SIP 

revision allocates 71,234 TR NOX

annual allowances to existing units in 

the State. EPA will place the 1,457 

unallocated allowances from the 

Alabama CSAPR 2016 budget into the 

TR NOX annual new unit set-aside for 

the 2016 control period. 

The Alabama SIP revision allocating 

TR NOX ozone season allowances for 

the 2016 control period does not exceed 

the budget under § 97.510(a) minus the 

new unit set-aside (31,746 tons ¥ 635 

tons = 31,111).14 The Alabama SIP 

revision allocates 31,107 TR NOX ozone 

season allowances to existing units in 

the State. EPA will place the 639 

unallocated allowances from the 

Alabama CSAPR 2016 budget into the 

TR NOX ozone season new unit setaside for the 2016 control period. 

The Alabama SIP revision allocating 

TR SO2 Group 2 allowances for the 2016 

control period exceeds, by a very small 

number of allowances (three) due to 

rounding, the budget under § 97.710(a) 

minus the new unit set-aside (216,033 

tons ¥ 4,321 tons = 211,712).15 The 

Alabama SIP revision allocates 211,715 

TR SO2 Group 2 allowances to existing 

units in the State. However, EPA notes 

that proportionately, three allowances is 

a tiny fraction of the overall new unit 

set-aside budget for new Group 2 SO2

units in Alabama (approximately 

0.07%). In addition, for 2015, none of 

the 4,318 Group 2 SO2 allowances 

available to allocate to new units have 

been allocated due to a dearth of 

qualifying new units in Alabama, and it 

appears highly likely this will be the 

case again in 2016 (i.e., it is very likely 

these allowances will not be needed by 

new units in Alabama in 2016). EPA 

therefore does not believe the extra 

three allowances allocated to Alabama’s 

existing CSAPR units in 2016 should 

weigh negatively in EPA’s evaluation of 

the State’s 2016 CSAPR SIP submittal, 

and will enter 4,318 allowances from 

the Alabama CSAPR 2016 budget into 

the TR SO2 Group 2 new unit set-aside 

for the 2016 control period.16

E. The list should be submitted 

electronically in the format specified by 

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

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

52.39(g)(3)). 

On March 27, 2015, EPA received an 

email submittal from Alabama in the 

format requested. 

F. The SIP revision should provide a 

permanent allocation for the units on 

the list for 2016 (40 CFR 52.38(a)(3)(iv), 

52.38(b)(3)(iv), and 52.39(g)(4)). 

The Alabama SIP revision does not 

provide for any changes to the listed 

units or allocations after approval of the 

SIP revision and do not provide for any 

change to any allocation determined 

and recorded by the Administrator 

under subpart AAAAA, BBBBB, or 

DDDDD of 40 CFR part 97. 

For the reasons discussed above, 

Alabama’s SIP submission complies 

with the 2016 SIP allocation 

requirements as codified at 40 CFR 

52.38 and 52.39 and established in the 

CSAPR FIPs. Through this action, EPA 

is approving Alabama’s March 27, 2015, 

SIP revision, incorporating the 

allocations into the SIP, and amending 

the CSAPR FIPs’ regulatory text for 

Alabama at 40 CFR 52.54 and 52.55 to 

reflect this approval and inclusion of 

the state-determined allowance 

allocation for the 2016 control periods. 

EPA is not making any other changes to 

the CSAPR FIPs for Alabama in this 

action. EPA is taking final action to 

approve Alabama’s March 27, 2015, SIP 

revision because it is in accordance with 

the CAA and its implementing 

regulations. 

IV. Final Action 

EPA is taking final action to approve 

Alabama’s March 27, 2015, CSAPR SIP 

revision that provides Alabama’s statedetermined allowance allocations for 

existing EGUs in the State for the 2016 

control periods to replace the allowance 

allocations for the 2016 control periods 

established by EPA under CSAPR. 

Consistent with the flexibility given to 

states in the CSAPR FIPs at 40 CFR 

52.38 and 52.39, Alabama’s SIP revision 

allocates state-determined allowances to 

existing EGUs in the State under the 

CSAPR’s NOX annual and ozone season 

and SO2 Group 2 trading programs. 

Alabama’s SIP revision meets the 

applicable requirements in 40 CFR 

52.38 for NOX annual and NOX ozone 

season emissions, and 40 CFR 52.39 for 

Group 2 SO2 emissions. EPA is 

approving Alabama’s SIP revision 

because it is in accordance with the 

CAA and its implementing regulations. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective September 25, 

2015 without further notice unless the 

Agency receives adverse comments by 

August 26, 2015. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on September 25, 

2015 and no further action will be taken 

on the proposed rule. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 


tkelley on DSK3SPTVN1PROD with RULES
44296 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 25, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: July 15, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR parts 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.50(e) is amended by 

adding an entry for ‘‘Cross State Air 

Pollution Rule—State-Determined 

Allowance Allocations for the 2016 

control periods’’ at the end of the table 

to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

Cross State Air Pollution Rule— 

State-Determined Allowance 

Allocations for the 2016 control 

periods.

Alabama ....................................... 3/27/2014 7/27/2015 [Insert Federal 

Register citation].

■ 3. Section 52.54 is amended by adding 

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

follows: 

§ 52.54 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

(a) * * * 

(3) Pursuant to § 52.38(a), Alabama’s 

state-determined NOX annual allowance 

allocations established in the March 27, 

2015, SIP revision replace the unit level 

NOX annual allowance provisions of the 

CSAPR FIP at 40 CFR 97.411(a) for the 

State for the 2016 control period with a 

list of NOX annual units that 

commenced operation prior to January 

1, 2010, in the State and the amount of 

state-determined NOX annual 

allowances allocated to each unit on 

such list, for the 2016 control period as 

approved by EPA on July 27, 2015 

[Insert citation of publication]. 

(b) * * * 

(3) Pursuant to § 52.38(b), Alabama’s 

state-determined NOX ozone season 

allocations established in the March 27, 

2015, SIP revision replace the unit level 

NOX ozone season allowance provisions 

of the CSAPR FIP at 40 CFR 97.511(a) 

for the State for the 2016 control period 

with a list of NOX ozone season units 

that commenced operation prior to 

January 1, 2010, in the State and the 

amount of state-determined NOX ozone 

season allowances allocated to each unit 

on such list, for the 2016 control period 

as approved by EPA on July 27, 2015 

[Insert citation of publication]. 

■ 4. Section 52.55 is amended by adding 

paragraph (c) to read as follows: 

§ 52.55 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of sulfur 

dioxide? 

* * * * * 

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

state-determined Group 2 SO2


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 44297 

allowance allocations established in the 

March 27, 2015, SIP revision replace the 

unit level Group 2 SO2 allowance 

provisions of the CSAPR FIP at 40 CFR 

97.711(a) for the State for the 2016 

control period with a list of Group 2 SO2

units that commenced operation prior to 

January 1, 2010, in the State and the 

amount of state-determined SO2

allowances allocated to each unit on 

such list, for the 2016 control period as 

approved by EPA on July 27, 2015 

[Insert citation of publication]. 

[FR Doc. 2015–18217 Filed 7–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2015–0001; Internal 

Agency Docket No. FEMA–8391] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Bret Gates, Federal 

Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4133. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for Part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 


tkelley on DSK3SPTVN1PROD with RULES