[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71663-71672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28286]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, and 97

[EPA-HQ-OAR-2009-0491; FRL-9919-71-OAR]
RIN 2060-AS40


Rulemaking To Amend Dates in Federal Implementation Plans 
Addressing Interstate Transport of Ozone and Fine Particulate Matter

AGENCY: Environmental Protection Agency.

ACTION: Interim final rule with request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the Code 
of Federal Regulations (CFR) to correctly reflect the compliance 
deadlines for the Cross-State Air Pollution Rule (CSAPR) as revised by 
the effect of the action of the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit or Court) granting the EPA's 
motion to lift the previous stay of CSAPR and delay (toll) its 
deadlines by three years. With these ministerial amendments, the CFR 
text will correctly indicate that CSAPR's Phase 1 emissions budgets 
apply in 2015 and 2016 and that CSAPR's Phase 2 emissions budgets and 
assurance provisions apply in 2017 and beyond. The ministerial 
amendments similarly correct dates in the CFR text related to specific 
activities required or permitted under CSAPR by regulated sources, the 
EPA, and states, as well as dates related to the sunsetting of the 
Clean Air Interstate Rule (CAIR) upon its replacement by CSAPR. The 
amendments are necessary to clarify the timing of requirements and 
elections under CSAPR as shown in the CFR text so that compliance can 
begin in an orderly manner on January 1, 2015, consistent with the 
Court's order. The EPA is also taking comment on the amendments being 
made in this interim final rule and will consider whether to retain 
these revisions as promulgated or whether further revisions are 
necessary to make the CSAPR compliance deadlines consistent with the 
Court's order.

DATES: This final rule is effective on December 3, 2014. The EPA will 
consider comments on this interim final rule received on or before 
February 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0491, by one of the following methods:
    <bullet> www.regulations.gov: Follow the online instructions for 
submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#89e8a4e8e7eda4fba4ede6eae2ecfdc9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="0b6a266a656f2679266f6468606e7f4b6e7b6a256c647d">[email protected]</span></a>.
    <bullet> Fax: (202) 566-9744.
    <bullet> Mail: EPA Docket Center, Air and Radiation Docket, Mail 
Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attn: 
Docket ID No. EPA-HQ-OAR-2009-0491.
    <bullet> Hand delivery: EPA Docket Center, William Jefferson 
Clinton Building West, Room 3334, 1301 Constitution Avenue NW., 
Washington, DC 20004, Attn: Docket ID No. EPA-HQ-OAR-2009-0491. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0491. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: The EPA is including this action in Docket ID No. EPA-HQ-
OAR-2009-0491, which is also the docket for the original CSAPR 
rulemaking and other related rulemakings. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air and Radiation Docket, William Jefferson Clinton 
Building West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for

[[Page 71664]]

the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Beth A. Murray, Clean Air Markets 
Division, Office of Atmospheric Programs, U.S. Environmental Protection 
Agency, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 
telephone number: (202) 343-9115; email address: <a href="/cdn-cgi/l/email-protection#7419010606150d5a1611001c341104155a131b02"><span class="__cf_email__" data-cfemail="e8859d9a9a8991c68a8d9c80a88d9889c68f879e">[email protected]</span></a>. 
Electronic copies of this document can be accessed through the EPA Web 
site at: http://www.epa.gov/airmarkets.

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities regulated by 
CSAPR are fossil fuel-fired boilers and stationary combustion turbines 
that serve generators producing electricity for sale, including 
combined cycle units and units operating as part of systems that 
cogenerate electricity and other useful energy output. Regulated 
categories and entities include:

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                    Category                        NAICS * code                        Examples of potentially regulated industries
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Industry........................................          221112   Fossil fuel electric power generation.
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* North American Industry Classification System

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated. This table 
lists the types of entities of which the EPA is now aware that could 
potentially be regulated. Other types of entities not listed in the 
table could also be regulated. To determine whether your facility is 
regulated by CSAPR, you should carefully examine the applicability 
provisions in 40 CFR 97.404, 97.504, 97.604, and 97.704. If you have 
questions regarding the applicability of CSAPR to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Judicial Review. Judicial review of this rule is available only by 
filing a petition for review in the D.C. Circuit on or before February 
2, 2015. Under section 307(b)(1) of the Clean Air Act (CAA), judicial 
review of EPA final action under the CAA that is ``nationally 
applicable'' or that the Administrator determines is of ``nationwide 
scope or effect'' is available only in the D.C. Circuit. Because this 
rule amends regulations that apply to sources in 28 states, it is 
``nationally applicable'' within the meaning of section 307(b)(1). For 
the same reason, the Administrator determines that this rule is of 
``nationwide scope or effect'' for purposes of section 307(b)(1). CAA 
section 307(b)(1) also provides that filing a petition for 
reconsideration by the Administrator of this rule does not affect the 
finality of the rule for the purposes of judicial review, does not 
extend the time within which a petition for judicial review may be 
filed, and does not postpone the effectiveness of the rule. Under CAA 
section 307(b)(2), the requirements established by this rule may not be 
challenged separately in any civil or criminal proceedings brought by 
the EPA to enforce these requirements.
    Outline. The following outline is provided to aid in locating 
information in this preamble.

I. Overview
II. Specific Amendments to CSAPR Dates
    A. Emissions Limitations and Assurance Provisions
    B. Monitoring System Certification and Emissions Reporting
    C. Allocation and Recordation of Emission Allowances
    D. Optional SIP Revisions
    E. Sunsetting of CAIR
III. Legal Authority, Administrative Procedures, and Findings of 
Good Cause
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review, and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Overview

    The EPA issued the Cross-State Air Pollution Rule (CSAPR) \1\ in 
July 2011 to address CAA requirements concerning interstate transport 
of air pollution and to replace the previous Clean Air Interstate Rule 
(CAIR) which the D.C. Circuit remanded to the EPA for replacement.\2\ 
Following the original rulemaking, CSAPR was amended by three further 
rules known as the Supplemental Rule,\3\ the First Revisions Rule,\4\ 
and the Second Revisions Rule.\5\ As amended, CSAPR requires 28 states 
to limit their state-wide emissions of sulfur dioxide (SO<INF>2</INF>) 
and/or nitrogen oxides (NO<INF>X</INF>) in order to reduce or eliminate 
the states' unlawful contributions to fine particulate matter and/or 
ground-level ozone pollution in other states. The emissions limitations 
are defined in terms of maximum state-wide ``budgets'' for emissions of 
annual SO<INF>2</INF>, annual NO<INF>X</INF>, and/or ozone-season 
NO<INF>X</INF> by each state's large electricity generating units 
(EGUs). The emissions budgets are implemented in two phases of 
generally increasing stringency, with the Phase 1 budgets originally 
scheduled to apply to emissions in 2012 and 2013 and the Phase 2 
budgets originally scheduled to apply to emissions in 2014 and later 
years.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48208 (August 8, 2011).
    \2\ See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.), 
modified, 550 F.3d 1176 (D.C. Cir. 2008).
    \3\ Federal Implementation Plans for Iowa, Michigan, Missouri, 
Oklahoma, and Wisconsin and Determination for Kansas Regarding 
Interstate Transport of Ozone, 76 FR 80760 (December 27, 2011).
    \4\ Revisions to Federal Implementation Plans To Reduce 
Interstate Transport of Fine Particulate Matter and Ozone, 77 FR 
10324 (February 21, 2012).
    \5\ Revisions to Federal Implementation Plans To Reduce 
Interstate Transport of Fine Particulate Matter and Ozone, 77 FR 
34830 (June 12, 2012).
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    As the mechanism for achieving compliance with the emissions 
limitations, CSAPR establishes federal implementation plans (FIPs) that 
require large EGUs in each affected state to participate in one or more 
new emissions trading programs that supersede the existing CAIR 
emissions trading programs. Interstate trading of CSAPR's emission 
allowances is permitted, but the rule includes ``assurance provisions'' 
designed to ensure that individual states' emissions in each Phase 2 
compliance period do not exceed the states' respective emissions 
budgets for that period by more than specified ``variability limits.''
    CSAPR allows states to elect to revise their state implementation 
plans (SIPs) to modify or replace the FIPs while continuing to rely on 
the rule's trading programs for compliance with the emissions 
limitations, and establishes certain requirements and deadlines

[[Page 71665]]

related to those optional SIP revisions.\6\ The rule also contains 
provisions that sunset CAIR compliance requirements on a schedule 
coordinated with the implementation of CSAPR compliance requirements.
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    \6\ CSAPR does not restrict states' ability to adopt SIP 
revisions to meet their emissions limitations through mechanisms 
other than the rule's trading programs.
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    Certain industry and state and local government petitioners 
challenged CSAPR in the D.C. Circuit and filed motions seeking a stay 
of the rule pending judicial review.\7\ On December 30, 2011, the Court 
granted a stay of the rule, ordering the EPA to continue administering 
CAIR on an interim basis.\8\ In a subsequent decision on the merits, 
the Court vacated CSAPR based on a subset of petitioners' claims, but 
on April 29, 2014, the U.S. Supreme Court reversed that decision and 
remanded the case to the D.C. Circuit for further proceedings.\9\ 
Throughout the initial round of D.C. Circuit proceedings and the 
ensuing Supreme Court proceedings, the stay remained in place and the 
EPA has continued to implement CAIR. Following the Supreme Court 
decision, in order to allow CSAPR to replace CAIR in an equitable and 
orderly manner while further D.C. Circuit proceedings are held to 
resolve petitioners' remaining claims, the EPA filed a motion asking 
the D.C. Circuit to lift the stay and to toll by three years all CSAPR 
compliance deadlines that had not passed as of the date of the stay 
order.\10\ On October 23, 2014, the Court granted the EPA's motion.\11\
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    \7\ Separate challenges seeking judicial review of the 
Supplemental Rule, the First Revisions Rule, and the Second 
Revisions Rule are currently being held in abeyance at the D.C. 
Circuit.
    \8\ Order, Document #1350421, EME Homer City Generation, L.P. v. 
EPA, No. 11-1302 (D.C. Cir. issued Dec. 30, 2011). Although the 
Court did not explicitly address the stay order's effect on 
requirements established by the Supplemental Rule, the EPA issued a 
notice indicating that, because of the close relationship between 
CSAPR as originally promulgated and the Supplemental Rule, the 
Agency would treat both rules in the same manner and would not 
expect covered sources in the states addressed by the Supplemental 
Rule to comply with the Supplemental Rule's requirements for the 
duration of the stay. 77 FR 5710 (February 6, 2012). As discussed 
below, now that the Court has lifted the stay, the EPA expects 
covered sources in states addressed by the Supplemental Rule to 
comply with the Supplemental Rule's requirements consistent with the 
new compliance schedule established by the Court's order and this 
interim final rule.
    \9\ EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 
(2014), reversing 696 F.3d 7 (D.C. Cir. 2012).
    \10\ Respondents' Motion to Lift the Stay Entered on December 
30, 2011, Document #1499505, EME Homer City Generation, L.P. v. EPA, 
No. 11-1302 (D.C. Cir. filed June 26, 2014) [EPA Motion]; see also 
Reply in Further Support of Motion to Lift Stay, Document #1508914, 
EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. filed 
August 22, 2014) [EPA Reply]. Both documents are available in the 
docket.
    \11\ Order, Document #1518738, EME Homer City Generation, L.P. 
v. EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014).
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    This action makes ministerial amendments to the dates in the CSAPR 
regulatory text in 40 CFR parts 51, 52, and 97 to clarify how the EPA 
will implement the rule consistent with the D.C. Circuit's order 
lifting the stay and tolling the rule's deadlines. Generally, this 
action tolls by three calendar years dates and years in the regulatory 
text as previously amended that had not passed as of December 30, 2011, 
the date of the stay order.\12\ The ministerial amendments restore 
parties and the rule to the status that would have existed but for the 
stay albeit three years later, preserve the rule's internal 
consistency, render moot questions as to whether the Court's order 
might not have tolled some of the individual dates being amended, and 
provide clarity to stakeholders and the public, thereby permitting 
orderly implementation of the rule.
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    \12\ As discussed in section II of this preamble, the amendments 
also toll certain dates in the regulatory text before December 30, 
2011, that are used to establish deadlines occurring after December 
30, 2011.
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    The most fundamental amendments make clear that, consistent with 
the Court's order, compliance with CSAPR's Phase 1 emissions budgets is 
now required in 2015 and 2016 (instead of 2012 and 2013) and compliance 
with the rule's Phase 2 emissions budgets and assurance provisions is 
now required in 2017 and beyond (instead of 2014 and beyond).\13\ Other 
amendments toll specific deadlines for sources to certify monitoring 
systems and to start reporting emissions, for the EPA to allocate and 
record emission allowances, and for states to take optional steps to 
modify or replace their CSAPR FIPs through SIP revisions. Dates are 
also tolled in the regulatory provisions that sunset CAIR upon its 
replacement by CSAPR, and a new deadline is set for removal of CAIR 
NO<INF>X</INF> allowances from allowance tracking system accounts.\14\ 
The EPA's authority to issue these ministerial amendments is not 
affected by the continuation of proceedings at the D.C. Circuit to 
resolve petitioners' remaining claims regarding CSAPR. No regulatory 
text is amended other than dates and no substantive changes to CSAPR 
are being made. Section II of this notice provides additional 
information about the specific amendments.
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    \13\ The EPA is also administratively converting the 2012-
vintage and 2013-vintage CSAPR emission allowances previously 
recorded in tracking system accounts into 2015-vintage and 2016-
vintage allowances, respectively. In light of the Court's order 
tolling compliance deadlines and the applicable Phase 1 and Phase 2 
emissions budget periods, and given the need for the vintages of the 
rule's emission allowances to correctly reflect the revised 
emissions budget periods, the EPA considers this one-time conversion 
to be a reasonable exercise of the Agency's plenary authority under 
40 CFR 97.427, 97.527, 97.627, and 97.727 to correct errors in CSAPR 
tracking system accounts.
    \14\ The EPA removed CAIR annual NO<INF>X</INF> and ozone-season 
NO<INF>X</INF> allowances from tracking system accounts before the 
stay, as required under the rule, but then restored the allowances 
to the accounts following the Court's order to continue implementing 
CAIR during the stay. CSAPR does not call for removal of CAIR 
SO<INF>2</INF> allowances, which are the same SO<INF>2</INF> 
allowances used in the Title IV Acid Rain Program.
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    As permitted under section 307(d)(1) of the CAA where good cause 
exists, these amendments to CSAPR's dates are being promulgated as a 
final rule without prior notice or opportunity for public comment, and 
the amendments are effective immediately upon publication of this 
notice in the Federal Register. At the same time, the EPA is also 
seeking comment on the content of the amendments and the consistency of 
the revisions with the Court's order granting the EPA's motion to lift 
the stay and toll CSAPR compliance deadlines by three years. The EPA is 
not reopening for comment any provisions of CSAPR other than the dates 
and years amended in this interim final rule. The EPA will consider any 
comments received and issue a final rule that either confirms these 
revisions or makes any further revisions that may be needed for 
implementation on the revised compliance schedule. Section III of this 
notice provides additional information on this rulemaking procedure and 
on the EPA's findings of good cause to issue an immediately effective 
final rule without prior notice or opportunity for public comment.

II. Specific Amendments to CSAPR Dates

    This action amends dates appearing in regulatory text in 40 CFR 
parts 51, 52, and 97. Most of the amendments, addressing virtually all 
aspects of implementation of the CSAPR FIPs and trading programs, toll 
dates in the CSAPR trading program provisions in subparts AAAAA, BBBBB, 
CCCCC, and DDDDD of part 97 and in the additional CSAPR FIP provisions 
in Sec. Sec.  52.38 and 52.39. The other amendments,

[[Page 71666]]

addressing the sunsetting of CAIR obligations and the CAIR trading 
programs, toll or otherwise reset dates in scattered sections of parts 
51 and 52. No regulatory text other than dates is amended and no 
substantive changes to CSAPR are being made. The remainder of this 
section discusses the functions of the various dates being changed and 
identifies the specific CFRs being amended.
    The EPA interprets the Court's order lifting the stay as already 
tolling CSAPR deadlines that had not passed as of the date of the 
Court's previous stay order, with the consequence that the 
corresponding regulatory text amendments in this action do not alter 
legal requirements or options but merely amend regulatory text to 
accurately reflect the timing of legal requirements and options as 
revised by the Court. With respect to the possibility that some of the 
dates amended in this action might not have been tolled by the Court's 
order, all of the date changes are required to serve the purpose of the 
rule--to address states' interstate transport obligations in an 
efficient and equitable manner--and the purpose of the Court's order--
to allow the rule to be implemented in accordance with the EPA's 
motion. The rule's various dates are elements of a carefully integrated 
design, and uncoordinated changes could disrupt that design and lead to 
inefficient and inequitable results. Therefore, to the extent that any 
of the date changes in this action may be outside the scope of the 
tolling already ordered by the Court, those changes are nevertheless 
necessary to provide for efficient, equitable, and orderly 
implementation of the rule consistent with the Court's order. The 
necessity of specific date changes is further discussed below.

A. Emissions Limitations and Assurance Provisions

    The most fundamental amendments in this action toll the years in 
which compliance with CSAPR's emissions limitations and assurance 
provisions is required, as well as the years in which the rule's Phase 
1 and Phase 2 emissions budgets, Phase 1 and Phase 2 ``set-asides,'' 
\15\ and Phase 2 variability limits apply. The compliance period 
definitions drive many of the rule's specific requirements, and the 
budget applicability dates are key specifications affecting the rule's 
stringency. These date changes were explicitly requested and discussed 
in the EPA's motion to lift the stay and toll compliance deadlines by 
three years.\16\ As explained in the motion, tolling these deadlines by 
three years returns the rule and parties to the status quo that would 
have existed but for the stay, provides parties with sufficient time to 
prepare for implementation, and avoids unnecessary regulatory burden by 
retaining a calendar-year schedule for the rule's annual trading 
programs. This rule makes no substantive changes to the emissions 
limitations or assurance provisions other than the revision of the 
deadlines.
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    \15\ CSAPR sets aside portions of each state's emissions budgets 
for potential allocation to new units in the state. For states with 
areas of Indian country within their borders, the rule establishes 
additional set-asides for new units in those areas.
    \16\ See, e.g., EPA Motion at 1, 14-16, 18.
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    The EPA also explained in the motion that CSAPR would be 
implemented as previously amended by the Supplemental Rule, the First 
Revisions Rule, and the Second Revisions Rule, and that dates first 
established or amended in those later rulemakings would also be 
tolled.\17\ Tolling of these dates is necessary to preserve CSAPR's 
internal consistency and to provide for efficient and equitable 
implementation. For example, the Supplemental Rule established dates 
specifying the applicable compliance periods for the Phase 1 and Phase 
2 ozone-season emissions budgets, set-asides, and variability limits 
that the Supplemental Rule established for five states.\18\ If dates 
first established by the Supplemental Rule were not tolled, in 2015 and 
2016 these five states would be subject to Phase 2 emissions budgets 
while all other states would be subject to Phase 1 emissions budgets, 
an inequitable outcome. In another example, the First Revisions Rule 
deferred applicability of CSAPR's assurance provisions from Phase 1 to 
Phase 2 in order to encourage greater trading activity during Phase 1 
and thereby ensure a smooth transition from CAIR.\19\ If dates amended 
by the First Revisions Rule were not tolled from their previously 
amended starting points, the assurance provisions would apply in 2015, 
contrary to the rationale supporting their prior deferral until Phase 
2.
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    \17\ See, e.g., EPA Motion at 14, 16-17.
    \18\ The five states with emissions limitations established in 
the Supplemental Rule are Iowa, Michigan, Missouri, Oklahoma, and 
Wisconsin.
    \19\ See 77 FR 10324, 10330-32 (February 21, 2012).
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    The date changes relating to the compliance deadlines and 
applicable periods for the rule's emissions limitations and assurance 
provisions are reflected in amendments to the following sections of 40 
CFR:
    <bullet> Sections 97.406(c)(3)(i), 97.506(c)(3)(i), 
97.606(c)(3)(i), and 97.706(c)(3)(i) (applicable periods for emissions 
limitations);
    <bullet> Sections 97.406(c)(3)(ii), 97.506(c)(3)(ii), 
97.606(c)(3)(ii), and 97.706(c)(3)(ii) (applicable periods for 
assurance provisions);
    <bullet> Sections 97.410(a), 97.510(a), 97.610(a), and 97.710(a) 
(applicable periods for Phase 1 and Phase 2 emissions budgets and set-
asides);
    <bullet> Sections 97.410(b), 97.510(b), 97.610(b), and 97.710(b) 
(applicable periods for Phase 2 variability limits); and
    <bullet> Sections 97.425(b)(1), 97.525(b)(1), 97.625(b)(1), and 
97.725(b)(1) (assurance provision administration deadlines).

B. Monitoring System Certification and Emissions Reporting

    Several amendments in this action toll CSAPR dates that define 
deadlines by which owners and operators of affected units must meet 
monitoring system certification requirements and begin submitting 
quarterly emissions reports. These date changes are necessary to 
coordinate the timing of these specific requirements with the revised 
timing of the rule's emissions limitations and to avoid requiring 
sources to engage in certification and emissions reporting activities 
before those activities serve a useful purpose. The EPA's motion 
indicated that the deadlines for CSAPR's monitoring and reporting 
obligations would be tolled if the Court granted the motion.\20\ This 
rule makes no substantive changes to the monitoring and reporting 
requirements other than the revision of the deadlines.
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    \20\ See EPA Motion at 14 and note 5.
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    The amendments to the certification and reporting deadlines toll 
several dates in the regulatory text earlier than December 30, 2011. 
The reason for tolling these dates is that their function in the rule 
is to define deadlines originally scheduled to occur after December 30, 
2011. Specifically, the original regulatory text provides that units in 
operation for at least six months before implementation of the rule's 
first emissions limitations--defined in the existing regulatory text as 
``unit[s] that commence[] commercial operation before July 1, 2011''--
become subject to reporting obligations for annual emissions occurring 
as of January 1, 2012, and are required to complete monitoring system 
certification by that same date.\21\ In contrast, units in

[[Page 71667]]

operation for less than six months before implementation of the rule's 
first emission limitations--defined in the existing regulatory text as 
``unit[s] that commence[] commercial operation on or after July 1, 
2011''--are given potentially later deadlines.\22\ Similarly, because 
the reporting deadlines for the newer units are defined in part by 
reference to events that could have occurred before implementation of 
the rule's first emissions limitations, in order to avoid creation of 
reporting deadlines before January 1, 2012, the existing regulatory 
text contains language providing that reporting obligations do not 
apply with respect to ``the third or fourth quarter of 2011.'' \23\ 
This action amends these 2011 dates, changing them to 2014 dates 
consistent with the change in initial implementation of the rule's 
emissions limitations from 2012 to 2015 as ordered by the Court. If 
these amendments were not made, the regulatory text could require some 
sources commencing commercial operation on or after July 1, 2011, and 
before January 1, 2015, to begin reporting under CSAPR prior to 2015, a 
result that would be unnecessary, inefficient, inequitable, and 
inconsistent with the Court's order.
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    \21\ See, e.g., 40 CFR 97.430(b)(1) and 97.434(d)(1)(i). The 
analogous compliance deadline in the original regulatory text for 
requirements related to ozone-season NO<INF>X</INF> emissions is May 
1, 2012. See 40 CFR 97.530(b)(1) and 97.534(d)(1)(i) and (2)(ii)(A).
    \22\ See, e.g., 40 CFR 97.430(b)(2) and 97.434(d)(1)(ii).
    \23\ See, e.g., 40 CFR 97.434(d)(1)(ii).
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    The date changes related to CSAPR's compliance deadlines for 
monitoring system certification and the applicable periods for 
emissions reporting are reflected in amendments to the following 
sections of 40 CFR:
    <bullet> Sections 97.430(b)(1), 97.530(b)(1), 97.630(b)(1), and 
97.730(b)(1) (certification deadlines for units that commence 
commercial operation at least six months before the first compliance 
period);
    <bullet> Sections 97.430(b)(2), 97.530(b)(2)-(3), 97.630(b)(2), and 
97.730(b)(2) (certification deadlines for newer units);
    <bullet> Sections 97.434(d)(1)(i), 97.534(d)(1)(i) and (2)(ii)(A), 
97.634(d)(1)(i), and 97.734(d)(1)(i) (applicable periods for emissions 
reporting by units that commence commercial operation at least six 
months before the first compliance period); and
    <bullet> Sections 97.434(d)(1)(ii), 97.534(d)(1)(ii) and 
(2)(ii)(B), 97.634(d)(1)(ii), and 97.734(d)(1)(ii) (applicable periods 
for emissions reporting by newer units).

C. Allocation and Recordation of Emission Allowances

    Some of the amendments in this action toll dates defining CSAPR 
deadlines by which the EPA must allocate and record emission 
allowances. The date changes are necessary to coordinate these 
deadlines with the rule's compliance deadlines as revised by the 
Court's order and to preserve states' opportunities under the rule to 
substitute their own preferred allowance allocations for the EPA's 
default allocations. More specifically, to facilitate allowance trading 
and compliance planning activities, the rule's recordation deadlines 
require recordation of most CSAPR allowances up to four years in 
advance of the respective compliance periods. The rule also establishes 
default procedures by which the EPA allocates allowance quantities 
equal to each state's emissions budgets among the EGUs in the state, 
but after the first compliance year the rule permits states to replace 
the EPA's default allocations for most units through SIP revisions, as 
discussed below.\24\ States' opportunities to replace the default 
allocations extend only to allowances that have not yet been recorded. 
If the dates in the regulatory text defining the recordation deadlines 
were not tolled consistent with the revised compliance deadlines 
established by the Court's order, the unrevised recording deadlines 
could unnecessarily prevent states from controlling the allocations of 
allowances for certain compliance periods because the allowances would 
already have been recorded. This rule makes no substantive changes to 
the allowance allocation and recordation provisions other than the 
revision of the deadlines.
---------------------------------------------------------------------------

    \24\ States are not permitted to revise the recordation 
provisions or the provisions governing allocation of allowances from 
the Indian country new unit set-asides.
---------------------------------------------------------------------------

    The EPA notes that the allocation date amendments include tolling a 
particular phrase from ``after 2011'' to ``after 2014''.\25\ The phrase 
concerns allowance allocations to units that cease operations, and the 
effect of the change is that by default (i.e., unless the state revises 
the allocations) a retiring unit will continue to receive allocations 
of allowances for five compliance periods after the unit's last year of 
operation, which in the case of a unit retiring between 2010 and 2014 
would be the rule's first five compliance periods from 2015 through 
2019. The phrase ``after 2011'' indicates a date after December 30, 
2011, making this a deadline that had not passed as of the date of the 
stay, and the EPA's reply regarding the motion to lift the stay 
explicitly confirmed the intention to toll these specific dates.\26\
---------------------------------------------------------------------------

    \25\ See, e.g., 40 CFR 97.411(a)(2).
    \26\ See EPA Reply, attached Supplemental Declaration of Reid 
Harvey, ]7.
---------------------------------------------------------------------------

    The EPA also notes that some of the recordation deadlines being 
amended were initially established in the Supplemental Rule. These 
deadlines apply to the recordation of allowances for CSAPR's first two 
compliance periods and affect only the ozone-season allowances for the 
five states covered by the Supplemental Rule.\27\ If the recordation 
deadlines established in the Supplemental Rule were not tolled--
specifically, the March 26, 2012, recordation deadline for allowances 
for the rule's second compliance year--while the analogous deadlines 
established for other states in the original CSAPR rulemaking were 
tolled, these five states alone would lack the opportunity to revise 
allowance allocations for the rule's second compliance period, an 
inappropriate, unnecessary, and inequitable result.
---------------------------------------------------------------------------

    \27\ See 40 CFR 97.521(a)-(b).
---------------------------------------------------------------------------

    The date changes related to administrative deadlines and applicable 
periods for allocation and recordation of allowances are reflected in 
amendments to the following sections of 40 CFR:
    <bullet> Sections 97.411(a)(1), 97.511(a)(1), 97.611(a)(1), and 
97.711(a)(1) (applicable periods for default allowance allocations to 
existing units);
    <bullet> Sections 97.411(a)(2), 97.511(a)(2), 97.611(a)(2), and 
97.711(a)(2) (applicable periods for default allowance allocations to 
retired units);
    <bullet> Sections 97.411(b)(1), 97.511(b)(1), 97.611(b)(1), and 
97.711(b)(1) (administrative deadlines for default allowance 
allocations from new unit set-asides);
    <bullet> Sections 97.411(b)(2), 97.511(b)(2), 97.611(b)(2), and 
97.711(b)(2) (administrative deadlines for allowance allocations from 
Indian country new unit set-asides);
    <bullet> Sections 97.411(c)(1), 97.511(c)(1), 97.611(c)(1), and 
97.711(c)(1) (applicable periods for correction of incorrect allowance 
allocations);
    <bullet> Sections 97.412(a), 97.512(a), 97.612(a), and 97.712(a) 
(applicable periods for default allowance allocations from new unit 
set-asides);
    <bullet> Sections 97.412(b), 97.512(b), 97.612(b), and 97.712(b) 
(applicable periods for allocations from Indian country new unit set-
asides);
    <bullet> Sections 97.421(a)-(f), 97.521(a)-(f), 97.621(a)-(f), and 
97.721(a)-(f) (administrative deadlines and applicable periods for 
allowance recordation for existing units); and
    <bullet> Sections 97.421(g)-(i), 97.521(g)-(i), 97.621(g)-(i), and 
97.721(g)-(i)

[[Page 71668]]

(administrative deadlines and applicable periods for allowance 
recordation from new unit set-asides and Indian country new-unit set-
asides).

D. Optional SIP Revisions

    Some of the amendments in this action toll deadlines for filings by 
states that elect to submit SIP revisions to modify or replace the 
CSAPR FIPs in order to replace the default allowance allocations. The 
rule sets deadlines for submission of these SIP revisions (and for 
associated notifications) that are coordinated with the rule's 
deadlines for allowance recordation. Tolling of these dates is 
necessary to preserve this coordination and to restore to states the 
same SIP revision opportunities that would have existed if the rule had 
not been stayed. The EPA's reply regarding the motion to lift the stay 
explained in detail the intention for these deadlines to be tolled if 
the Court granted the motion.\28\ This rule makes no substantive 
changes to the provisions providing optional SIP revisions other than 
the revision of the deadlines.
---------------------------------------------------------------------------

    \28\ See EPA Reply, attached Supplemental Declaration of Reid 
Harvey, ]]8-11.
---------------------------------------------------------------------------

    As indicated in the EPA's reply, only the SIP revision and 
notification deadlines that had not passed as of the date of the stay 
would be tolled. This restriction applies to a CSAPR deadline of 
October 17, 2011--which is not being tolled--for states to notify the 
EPA of their intent to submit SIP revisions modifying allowance 
allocations for the rule's second compliance period (except with 
respect to obligations established in the Supplemental Rule). For the 
twelve states that notified the EPA by that deadline of their intent to 
submit SIP revisions modifying allowance allocations for the second 
compliance year, the deadline for submission of those SIP revisions is 
being tolled from April 1, 2012, to April 1, 2015.\29\ The states that 
did not provide notification prior to the October 17, 2011, deadline 
will not have an opportunity to modify allowance allocations for that 
compliance year. Pursuant to a November 7, 2011, deadline in the rule--
which is also not being tolled--the EPA duly recorded allowances for 
those states using the EPA's default allocations, and removal of those 
allowances from tracking system accounts to provide states with a new 
reallocation opportunity would be inequitable because allowance trades 
affecting these allowances have already taken place. Separate deadlines 
applicable to all states relating to optional SIP revisions to revise 
allowance allocations for later compliance periods are being 
tolled.\30\
---------------------------------------------------------------------------

    \29\ The twelve states are Alabama, Florida, Kansas, Louisiana, 
Maryland, Mississippi, Missouri, Nebraska, New York, Ohio, 
Pennsylvania, and South Carolina.
    \30\ For example, the deadline to submit SIP revisions 
addressing allowance allocations for CSAPR's third and fourth 
compliance periods as revised by the Court's order (i.e., 2017 and 
2018) is being tolled from December 1, 2012, to December 1, 2015.
---------------------------------------------------------------------------

    The EPA notes that some of the SIP revision-related deadlines being 
amended were initially established in the Supplemental Rule. These 
deadlines apply to SIP revisions replacing default allowance 
allocations for CSAPR's second compliance period but affect only the 
ozone-season allowances for the five states covered by the Supplemental 
Rule.\31\ Specifically, the regulatory text as currently amended 
provides that these states must notify the EPA by March 6, 2012, of 
their intent to modify allowance allocations for the rule's second 
compliance year and must submit the corresponding SIP revisions by 
October 1, 2012. If these deadlines established in the Supplemental 
Rule were not tolled, while the April 1, 2012, deadline described above 
for other states was tolled, these five states alone would lack the 
opportunity to revise allowance allocations for the rule's second 
compliance period, an inappropriate, unnecessary, and inequitable 
result.
---------------------------------------------------------------------------

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

    The date changes related to notification and SIP revision filing 
deadlines for states' that elect to modify or replace the FIPs are 
reflected in amendments to the following sections of 40 CFR:
    <bullet> Sections 52.38(a)(3) and (b)(3), and 52.39(d) and (g) (SIP 
revisions to modify the FIP default allowance allocations for the 
second compliance year);
    <bullet> Sections 52.38(a)(4) and (b)(4), and 52.39(e) and (h) (SIP 
revisions to modify the FIP default allowance allocations for the third 
compliance year and beyond);
    <bullet> Sections 52.38(a)(5) and (b)(5), and 52.39(f) and (i) (SIP 
revisions to replace the FIPs for the third compliance year and 
beyond); and
    <bullet> Sections 97.421(b), 97.521(b), 97.621(b), and 97.721(b) 
(interaction of SIP revision-related filing deadlines and allowance 
recordation deadlines for the second compliance year).

E. Sunsetting of CAIR

    The remaining amendments in this action toll or reset deadlines 
associated with the sunsetting of CAIR. In 2008, the DC Circuit 
remanded CAIR to the EPA for replacement.\32\ Since that remand, the 
EPA has continued to implement CAIR in accordance with that and 
subsequent Court orders, first while CSAPR was developed and in the 
period leading up to its planned 2012 implementation, and then while 
CSAPR was stayed. When CSAPR is implemented in 2015, CAIR will sunset 
in compliance with the terms of the 2008 remand. The amendments in this 
action toll the dates in the existing regulatory text reflecting the 
originally planned 2012 sunset, replacing them with dates reflecting 
the 2015 sunset consistent with the Court's order lifting the stay of 
CSAPR.
---------------------------------------------------------------------------

    \32\ North Carolina v. EPA, 550 F.3d 1176, 1178 (DC Cir. 2008).
---------------------------------------------------------------------------

    Several additional CAIR-related amendments reset deadlines for 
removal of CAIR NO<INF>X</INF> allowances from tracking system 
accounts. To prevent possible confusion over how many allowances are 
available for CSAPR compliance after CSAPR supersedes CAIR, CSAPR as 
originally issued provided for post-2011-vintage CAIR NO<INF>X</INF> 
allowances to be removed from tracking system accounts on November 7, 
2011 (before the stay). The EPA removed the allowances by that deadline 
but then restored the allowances to the accounts in order to allow CAIR 
to continue to be implemented consistent with the Court's stay order. 
This action sets a new deadline of March 3, 2015 for removal of post-
2014-vintage CAIR NO<INF>X</INF> allowances, serving the original 
purpose of avoiding confusion over the number of allowances available 
for CSAPR compliance. The date changes related to the sunsetting of 
CAIR and removal of CAIR NO<INF>X</INF> allowances from tracking system 
accounts are reflected in amendments to the following sections of 40 
CFR:
    <bullet> Section 51.121(r)(2) (NO<INF>X</INF> SIP Call 
obligations);
    <bullet> Sections 51.123(ff) and 51.124(s) (CAIR obligations);
    <bullet> Sections 52.35(f) and 52.36(e) (CAIR FIPs);
    <bullet> Sections 52.440(c) and 52.441(b) (Delaware);
    <bullet> Sections 52.484(c) and 52.485(b) (District of Columbia);
    <bullet> Section 52.984(c) (Louisiana);
    <bullet> Sections 52.1186(c) and 52.1187(b) (Michigan);
    <bullet> Sections 52.1584(c) and 52.1585(b) (New Jersey);
    <bullet> Sections 52.2240(c) and 52.2241(b) (Tennessee);
    <bullet> Sections 52.2283(b) and 52.2284(b) (Texas); and
    <bullet> Sections 52.2587(c) and 52.2588(b) (Wisconsin).

[[Page 71669]]

III. Legal Authority, Administrative Procedures, and Findings of Good 
Cause

    The EPA's authority to issue the amendments in this action is 
provided by CAA sections 110 and 301 (42 U.S.C. 7410 and 7601).
    The EPA is taking this action as a final rule without prior notice 
or opportunity for public comment because the EPA finds that the 
Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) good cause 
exemption applies here. In general, the APA requires that general 
notice of proposed rulemaking shall be published in the Federal 
Register. Such notice must provide an opportunity for public 
participation in the rulemaking process. However, the APA does provide 
an avenue for an agency to directly issue a final rulemaking in certain 
specific instances. This may occur, in particular, when an agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefor in the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest. See 5 U.S.C. 553(b)(B).
    While CAA section 307(d)(1)(B) also provides that, in general, 
actions to revise FIPs under CAA section 110(c) are subject to the 
procedural requirements set forth in section 307(d), including 
publication of a notice of proposed rulemaking in the Federal Register 
and provision of an opportunity for public comment, section 307(d)(1) 
also provides that section 307(d) does not apply in the case of any 
rule or circumstance referred to in APA section 553(b)(B). The EPA 
finds for good cause under APA section 553(b)(B) that provision of such 
notice and opportunity for comment in this case is impracticable or 
unnecessary.
    The EPA finds that providing notice and an opportunity for comment 
before promulgation of the amendments in this final action is 
impracticable or unnecessary for the following reasons.\33\ First, to 
the extent that this action amends dates in the regulatory text that 
have already been tolled by the Court's order, providing notice and an 
opportunity for comment is unnecessary because the revisions are merely 
a ministerial act intended to implement the Court's order and it would 
generally serve no useful purpose to provide an opportunity for public 
comment or a public hearing on this issue, particularly in the very 
short timeframe in which the EPA is required to begin implementing 
CSAPR consistent with the Court's order. The EPA interprets the DC 
Circuit's order as having already reset all legal deadlines under 
CSAPR, as amended, that had not passed as of December 30, 2011, the 
date of the stay.\34\ The EPA's action to amend the regulatory text 
consistent with the effect of the Court's order merely makes the 
regulatory text consistent with the actual legal requirements as 
revised by the Court. Such consistency promotes regulatory clarity 
prior to the revised compliance dates, including the January 1, 2015, 
start date for compliance with the rule's emissions limitations. 
Delaying clarification of the regulatory text in order to allow time to 
conduct notice-and-comment procedures would result in regulatory text 
that does not accurately reflect the legally effective compliance dates 
until a rulemaking could be completed. Because completion of a 
rulemaking with notice-and-comment procedures would not occur until 
after the start of the first compliance period, the delay in 
clarification of the regulatory text would create confusion that could 
disrupt orderly implementation of the rule, contrary to the purpose of 
the Court's order and the public interest.
---------------------------------------------------------------------------

    \33\ The EPA's finding that providing notice and an opportunity 
for comment before promulgation of the regulatory text amendments in 
this final action is impracticable, unnecessary, or contrary to the 
public interest also applies for purposes of section 808(2) of the 
Congressional Review Act, 5 U.S.C. 808(2), as referenced in section 
IV.K of this preamble.
    \34\ The EPA's motion was clear that the requested relief 
encompassed tolling of not only the ``key compliance deadlines'' 
concerning applicability of CSAPR's emissions budgets and assurance 
provisions but also the ``additional deadlines applicable to the 
EPA, the states, and utilities for reporting and other generally 
ministerial actions.'' See EPA Motion at 14 and note 5.
---------------------------------------------------------------------------

    Second, to the extent that this action may amend any CSAPR dates 
that have not already been tolled by the Court's order, providing 
notice and an opportunity for public comment is impracticable because 
the ten-week interval between the Court's order and the January 1, 
2015, start of compliance is insufficient time for completion of 
notice-and-comment rulemaking. As discussed in section II of this 
preamble, several of this action's amendments change dates that were 
initially established or amended in the Supplemental Rule or the First 
Revisions Rule, and these dates must be tolled in the current action 
for consistency with other tolled dates in order to allow equitable and 
orderly implementation of CSAPR as already amended by these other 
rules.
    Some petitioners responding to the EPA's motion suggested that the 
Court may lack the power to toll dates in CSAPR's current regulatory 
text that were not established in the original CSAPR rulemaking under 
review by the Court (e.g., dates finalized in the Supplemental and 
Revisions Rules). If correct, this position would mean that, in this 
action, with respect to these particular dates, the EPA not only would 
be altering the appearance of the dates in the regulatory text but also 
would be amending the effective legal dates themselves. The EPA 
disagrees with petitioners' narrow view of the Court's equitable 
powers, but finds that, if this action is indeed amending the effective 
legal dates, good cause exists to make the amendments without prior 
notice or opportunity for comment because the changes are necessary for 
orderly implementation of the rule consistent with the Court's order, 
and it is impracticable to provide notice and an opportunity for 
comment prior to the start of implementation. In a similar vein, as 
also discussed in section II above, the EPA notes that several of this 
action's amendments toll dates in the regulatory text before December 
30, 2011. The EPA interprets the Court's order as tolling these dates 
because, as explained in section II, their function in the rule is to 
establish deadlines after December 30, 2011. However, in these 
instances as well, if this action is indeed amending the effective 
legal dates, the EPA finds that good cause exists to make the 
amendments without prior notice or opportunity for comment for the same 
reasons just stated.
    As permitted by APA section 553(d) upon a finding of good cause, 
the EPA is also making this action tolling the dates in the CSAPR 
regulatory text effective immediately upon publication in the Federal 
Register. The EPA finds good cause to make this action immediately 
effective for the following reasons. The Court's order lifting the stay 
of CSAPR and tolling the rule's deadlines allows implementation of the 
rule's emission limitations to begin on January 1, 2015. Promptly 
commencing implementation on January 1, 2015, is in the public interest 
because the rule will help states meet their interstate transport 
obligations under the CAA and protect air quality for millions of 
Americans. Finally, immediately amending the dates in the CSAPR 
regulatory text--i.e., before the January 1, 2015, start of 
implementation--in order to clarify and make internally consistent the 
timing of the rule's requirements and elections will promote orderly 
implementation consistent with the Court's order.
    As just described, the EPA finds good cause to take this final 
action without prior notice or opportunity for public comment and to 
make this action

[[Page 71670]]

effective immediately upon publication in the Federal Register. 
However, the EPA is also implementing this action on an interim basis 
only and is providing notice and an opportunity for comment on the 
content of the amendments. In particular, the EPA requests comment on 
whether, in order to be consistent with the Court's order tolling CSAPR 
deadlines by three years, the provisions of this interim rule should 
become permanent or, alternatively, whether any date or year in the 
regulatory text amended by the interim final rule should either be 
restored to the date or year as it appeared in the regulatory text 
prior to promulgation of the interim final rule or should be changed to 
a date or year different from the date or year set in the interim final 
rule. The EPA is not reopening for comment any provisions of CSAPR 
other than the dates and years amended in the interim final rule for 
consistency with the Court's order tolling CSAPR deadlines by three 
years. Issuance of this interim final rule, while also requesting 
comment, enables CSAPR to be implemented in an orderly manner beginning 
January 1, 2015, consistent with the Court's order and also provides 
public notice and an opportunity for comment as to whether these 
revisions should be made permanent or whether further amendments to the 
regulatory text may be necessary to comply with the Court's order. The 
EPA anticipates issuing a final rule confirming these revisions or 
making any further amendments to the CSAPR regulatory text that may be 
necessary following consideration of any comments received.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the Paperwork Reduction Act. OMB has previously approved the 
information collection activities contained in the existing regulations 
and has assigned OMB control number 2060-0667. This action simply tolls 
the deadlines of CSAPR by three years, including the deadlines for the 
rule's information collection requirements, consistent with the order 
of the DC Circuit lifting the previous stay of the rule.

C. Regulatory Flexibility Act

    This action is not subject to the Regulatory Flexibility Act (RFA). 
The RFA applies only to rules subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act (APA), 5 U.S.C. 
553, or any other statute. This rule is not subject to notice and 
comment requirements because the Agency has invoked the APA ``good 
cause'' exemption under 5 U.S.C. 553(b), as discussed in section III of 
this preamble.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector. This action simply tolls the deadlines of CSAPR by 
three years consistent with the order of the DC Circuit lifting the 
previous stay of the rule.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. This 
action simply tolls the deadlines of CSAPR by three years consistent 
with the order of the DC Circuit lifting the previous stay of the rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action simply tolls the deadlines of CSAPR 
by three years, consistent with the order of the DC Circuit lifting the 
previous stay of the rule. Thus, Executive Order 13175 does not apply 
to this action. Consistent with the EPA Policy on Consultation and 
Coordination with Indian Tribes, the EPA consulted with tribal 
officials while developing CSAPR. A summary of that consultation is 
provided in the preamble for CSAPR, 76 FR 48208, 48346 (August 8, 
2011).

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it simply tolls the deadlines of the 
CSAPR FIPs implementing previously promulgated health or safety-based 
federal standards, consistent with the order of the DC Circuit lifting 
the previous stay of the rule.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. This action simply tolls the deadlines of 
CSAPR by three years, consistent with the order of the DC Circuit 
lifting the previous stay of the rule. Consistent with Executive Order 
12898 and the EPA's environmental justice policies, the EPA considered 
effects on low-income, minority, and indigenous populations while 
developing CSAPR. The process and results of that consideration are 
described in the preamble for CSAPR, 76 FR 48208, 48347-52 (August 8, 
2011).

K. Congressional Review Act

    This action is subject to the Congressional Review Act (CRA), and 
the EPA will submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. The CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by the CRA if the agency makes a good cause finding that notice and 
comment rulemaking

[[Page 71671]]

procedures are impracticable, unnecessary or contrary to the public 
interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for 
this rule as discussed in section III of this preamble, including the 
basis for that finding.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

40 CFR Part 97

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Electric power plants, Nitrogen oxides, 
Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: November 21, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, parts 51, 52, and 97 of 
chapter I of title 40 of the Code of Federal Regulations are amended as 
follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Sec. Sec.  51.121, 51.123, and 51.124   [Amended]

0
2. Part 51 is amended by removing ``2012'' and adding in its place 
``2015'' in the following places:
0
a. Section 51.121(r)(2);
0
b. Section 51.123(ff)(2) through (4); and
0
c. Section 51.124(s)(2).

Sec. Sec.  51.123 and 51.124   [Amended]

0
3. Part 51 is further amended by removing ``December 31, 2011'' and 
adding in its place ``December 31, 2014'' in the following places:
0
a. Section 51.123(ff)(1) introductory text; and
0
b. Section 51.124(s)(1) introductory text;

Sec.  51.123  [Amended]

0
4. Section 51.123 is amended in paragraphs (ff)(3) and (4) by removing 
``November 7, 2011'' and adding in its place March 3, 2015''.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
5. The authority citation for part 52 continues to read as follows:

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

Sec. Sec.  52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984, 
52.1186, 52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284, 
52.2587, and 52.2588   [Amended]

0
6. Part 52 is amended by removing ``2012'' and adding in its place 
``2015'' in the following places:
0
a. Section 52.35(f)(2) through (4);
0
b. Section 52.36(e)(2);
0
c. Section 52.440(c)(2) through (4);
0
d. Section 52.441(b)(2);
0
e. Section 52.484(c)(2) through (4);
0
f. Section 52.485(b)(2);
0
g. Section 52.984(c)(2) through (4);
0
h. Section 52.1186(c)(2) through (4);
0
i. Section 52.1187(b)(2);
0
j. Section 52.1584(c)(2) through (4);
0
k. Section 52.1585(b)(2);
0
l. Section 52.2240(c)(2) through (4);
0
m. Section 52.2241(b)(2);
0
n. Section 52.2283(b)(2) and (3);
0
o. Section 52.2284(b)(2);
0
p. Section 52.2587(c)(2) through (4); and
0
q. Section 52.2588(b)(2).

Sec. Sec.  52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984, 
52.1186, 52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284, 
52.2587, and 52.2588   [Amended]

0
7. Part 52 is further amended by removing ``December 31, 2011'' and 
adding in its place ``December 31, 2014'' in the following places:
0
a. Section 52.35(f)(1) introductory text;
0
b. Section 52.36(e)(1) introductory text;
0
c. Section 52.440(c)(1) introductory text;
0
d. Section 52.441(b)(1) introductory text;
0
e. Section 52.484(c)(1) introductory text;
0
f. Section 52.485(b)(1) introductory text;
0
g. Section 52.984(c)(1) introductory text;
0
h. Section 52.1186(c)(1) introductory text;
0
i. Section 52.1187(b)(1) introductory text;
0
j. Section 52.1584(c)(1) introductory text;
0
k. Section 52.1585(b)(1) introductory text;
0
l. Section 52.2240(c)(1) introductory text;
0
m. Section 52.2241(b)(1) introductory text;
0
n. Section 52.2283(b)(1) introductory text;
0
o. Section 52.2284(b)(1) introductory text;
0
p. Section 52.2587(c)(1) introductory text; and
0
q. Section 52.2588(b)(1) introductory text.

Sec. Sec.  52.35, 52.440, 52.484, 52.984, 52.1186, 52.1584, 52.2240, 
52.2283, and 52.2587   [Amended]

0
8. Part 52 is further amended by removing ``November 7, 2011'' and 
adding in its place March 3, 2015'' in the following places:
0
a. Section 52.35(f)(3) and (4);
0
b. Section 52.440(c)(3) and (4);
0
c. Section 52.484(c)(3) and (4);
0
d. Section 52.984(c)(3) and (4);
0
e. Section 52.1186(c)(3) and (4);
0
f. Section 52.1584(c)(3) and (4);
0
g. Section 52.2240(c)(3) and (4);
0
h. Section 52.2283(b)(3); and
0
i. Section 52.2587(c)(3) and (4).

Sec. Sec.  52.38 and 52.39   [Amended]

0
9. Sections 52.38 and 52.39 are amended as follows:
0
a. By removing ``2020'' wherever it appears and adding in its place 
``2023'';
0
b. By removing ``2019'' wherever it appears and adding in its place 
``2022'';
0
c. By removing ``2018'' wherever it appears and adding in its place 
``2021'';
0
d. By removing ``2017'' wherever it appears and adding in its place 
``2020'';
0
e. By removing ``2016'' wherever it appears and adding in its place 
``2019'';
0
f. By removing ``2015'' wherever it appears and adding in its place 
``2018'';
0
g. By removing ``2014'' wherever it appears and adding in its place 
``2017'';
0
h. By removing ``2013'' wherever it appears and adding in its place 
``2016''; and
0
i. By removing ``2012'' wherever it appears and adding in its place 
``2015''.

PART 97--FEDERAL NO<INF>X</INF> BUDGET TRADING PROGRAM AND CAIR 
NO<INF>X</INF> AND SO<INF>2</INF> TRADING PROGRAMS

0
10. The authority citation for part 97 continues to read as follows:

    Authority:  42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et 
seq.


[[Page 71672]]




Sec. Sec.  97.406, 97.506, 97.606, and 97.706   [Amended]

0
11. Sections 97.406, 97.506, 97.606, and 97.706 are amended as follows:
0
a. By removing ``2014'' wherever it appears and adding in its place 
``2017''; and
0
b. By removing ``2012'' wherever it appears and adding in its place 
``2015''.

Sec. Sec.  97.410, 97.510, 97.610, and 97.710   [Amended]

0
12. Sections 97.410, 97.510, 97.610, and 97.710 are amended as follows:
0
a. By removing ``2014'' wherever it appears and adding in its place 
``2017'';
0
b. By removing ``2013'' wherever it appears and adding in its place 
``2016''; and
0
c. By removing ``2012'' wherever it appears and adding in its place 
``2015''.

Sec. Sec.  97.411, 97.511, 97.611, and 97.711   [Amended]

0
13. Sections 97.411, 97.511, 97.611, and 97.711 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place 
``2015''; and
0
b. By removing ``after 2011'' wherever it appears and adding in its 
place ``after 2014''.

Sec. Sec.  97.412, 97.512, 97.612, and 97.712   [Amended]

0
14. Sections 97.412, 97.512, 97.612, and 97.712 are amended by removing 
``2012'' wherever it appears and adding in its place ``2015''.

Sec. Sec.  97.421, 97.521, 97.621, and 97.721   [Amended]

0
15. Sections 97.421, 97.521, 97.621, and 97.721 are amended as follows:
0
a. By removing ``2019'' wherever it appears and adding in its place 
``2022'';
0
b. By removing ``2018'' wherever it appears and adding in its place 
``2021'';
0
c. By removing ``2017'' wherever it appears and adding in its place 
``2020'';
0
d. By removing ``2016'' wherever it appears and adding in its place 
``2019'';
0
e. By removing ``2015'' wherever it appears and adding in its place 
``2018'';
0
f. By removing ``2014'' wherever it appears and adding in its place 
``2017'';
0
g. By removing ``2013'' wherever it appears and adding in its place 
``2016''; and
0
h. By removing ``2012'' wherever it appears and adding in its place 
``2015''.

Sec. Sec.  97.425, 97.525, 97.625, and 97.725   [Amended]

0
16. Sections 97.425, 97.525, 97.625, and 97.725 are amended by removing 
``2015'' wherever it appears and adding in its place ``2018''.

Sec. Sec.  97.430, 97.530, 97.630, and 97.730   [Amended]

0
17. Sections 97.430, 97.530, 97.630, and 97.730 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place 
``2015''; and
0
b. By removing ``July 1, 2011'' wherever it appears and adding in its 
place ``July 1, 2014''.

Sec. Sec.  97.434, 97.534, 97.634, and 97.734   [Amended]

0
18. Sections 97.434, 97.534, 97.634, and 97.734 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place 
``2015'';
0
b. By removing ``the third or fourth quarter of 2011'' wherever it 
appears and adding in its place ``the third or fourth quarter of 
2014''; and
0
c. By removing ``July 1, 2011'' wherever it appears and adding in its 
place ``July 1, 2014''.

[FR Doc. 2014-28286 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P


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