46674 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

1Federal Implementation Plans; Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals, 76 FR 48208 (August 

8, 2011) (codified as amended at 40 CFR 52.38 and 

52.39 and subparts AAAAA through EEEEE of 40 

CFR part 97). 

2See 81 FR 74504 (October 26, 2016). The CSAPR 

Update was promulgated to address interstate 

pollution with respect to the 2008 8-hour Ozone 

NAAQS and to address a judicial remand of certain 

original CSAPR ozone season NOX budgets 

promulgated with respect to the 1997 8-hour Ozone 

NAAQS. Id. at 74505. The CSAPR Update 

established new emission reduction requirements 

Subpart AA—Missouri 

■ 2. Amend § 52.1320 by adding 

paragraph (e)(65) to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of non-regulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(65) Sections 110(a)(1) 

and 110(a)(2) Infrastructure Requirements for 

the 2010 Sulfur Dioxide 

NAAQS.

Statewide .......................... 7/8/2013 10/6/2017, [Insert Federal 

Register citation].

This action approves the following CAA 

elements: 110(a)(1) and 110(a)(2)(A), 

(B), (C), (D)(i)(II)—prong 3, (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and 

(M). EPA is not acting on 

110(a)(2)(D)(i)(I)—prongs 1 and 2. 

110(a)(2)(I) is not applicable. EPA intends to act on 110(a)(2)(D)(i)(II)— 

prong 4 in a separate action. [EPA– 

R07–OAR–2017–0515; FRL–9968– 

80–Region 7.] 

* * * * * * * 

[FR Doc. 2017–21532 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0415; FRL–9968– 

93—Region 4] 

Air Plan Approval; Alabama; CrossState Air Pollution Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

the October 26, 2015, and May 19, 2017, 

State Implementation Plan (SIP) 

revisions from Alabama replacing the 

Cross-State Air Pollution Rule (CSAPR) 

federal implementation plan (FIP). 

Under CSAPR, large electricity 

generating units (EGUs) in Alabama are 

subject to FIP provisions requiring the 

units to participate in a federal 

allowance trading program for ozone 

season emissions of nitrogen oxides 

(NOX). This action approves into 

Alabama’s SIP the State’s regulations 

requiring Alabama’s affected units to 

participate in a new state allowance 

trading program for ozone season NOX

emissions integrated with the CSAPR 

federal trading programs, replacing the 

corresponding CSAPR FIP requirements 

for Alabama. This state trading program 

is substantively identical to the federal 

trading program except with regard to 

the provisions allocating emission 

allowances among Alabama units. 

Under the CSAPR regulations, final 

approval of these portions of the SIP 

revisions automatically eliminates 

Alabama units’ FIP requirements to 

participate in CSAPR’s federal 

allowance trading program for ozone 

season NOX emissions. Approval also 

fully satisfies Alabama’s good neighbor 

obligation under the Clean Air Act 

(CAA or Act) to prohibit emissions 

which will significantly contribute to 

nonattainment or interfere with 

maintenance of the 1997 8-hour Ozone 

National Ambient Air Quality Standards 

(NAAQS) in any other state; and 

partially satisfies Alabama’s good 

neighbor obligation under the CAA to 

prohibit emissions which will 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2008 8-hour Ozone 

NAAQS in any other state. 

DATES: This rule will be effective 

November 6, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No EPA–R04–OAR–2017– 

0415. All documents in the docket are 

listed on the www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

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

FOR FURTHER INFORMATION CONTACT: 

Ashten Bailey, Air Regulatory 

Management Section, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. Bailey 

can be reached by telephone at (404) 

562–9164 or via electronic mail at 

bailey.ashten@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on CSAPR and CSAPRRelated SIP Revisions 

EPA issued CSAPR 1 in July 2011 and 

the CSAPR Update 2 in 2016 to address 


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addressing the more recent ozone NAAQS and 

coordinated them with the remaining emission 

reduction requirements addressing the older 

NAAQS, so that starting in 2017, CSAPR includes 

two geographically separate trading programs for 

ozone season NOX emissions covering EGUs in a 

total of 23 states. See 40 CFR 52.38(b)(1)–(2). 3States are required to submit good neighbor SIPs 

three years after a NAAQS is promulgated. CAA 

section 110(a)(1) and (2). Where EPA finds that a 

state fails to submit a required SIP or disapproves 

a SIP, EPA is obligated to promulgate a FIP 

addressing the deficiency. CAA section 110(c). EPA 

found that Alabama failed to make timely 

submissions required to address the good neighbor 

provision with respect to the 1997 annual PM2.5 and 

8-hour ozone NAAQS (70 FR 21147, Apr. 25, 2005), 

and the 2008 8-hour ozone NAAQS (80 FR 39961, 

June 13, 2015). In addition, EPA disapproved 

Alabama’s SIP revision submitted to address the 

good neighbor provision with respect to the 2006 

24-hour PM2.5 NAAQS. See 76 FR 43128 (July 20, 

2011). Accordingly, as a part of CSAPR and the 

CSAPR Update, EPA promulgated FIPs applicable 

to sources in Alabama addressing the good neighbor 

provision with respect to these standards. 

4See 40 CFR 52.38, 52.39. States also retain the 

ability to submit SIP revisions to meet their 

transport-related obligations using mechanisms 

other than the CSAPR federal trading programs or 

integrated state trading programs. 

5States covered by both the CSAPR Update and 

the NOX SIP Call have the additional option to 

expand applicability under the CSAPR NOX Ozone 

Season Group 2 Trading Program to include nonEGUs that would have participated in the NOX

Budget Trading Program. 

6CSAPR also provides for a third, more 

streamlined form of SIP revision that is effective 

only for control periods in 2016 (or 2018 for CSAPR 

NOX Ozone Season Group 2 units) and is not 

relevant here. See § 52.38(a)(3), (b)(3), (b)(7); 

§ 52.39(d), (g). 

7 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h). 

8 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i). 

9 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j). 

10 40 CFR 52.38(a)(5)(iv)–(v), (a)(6), (b)(5)(v)–(vi), 

(b)(9)(vi)–(vii), (b)(10)(i); 52.39(f)(4)–(5), (i)(4)–(5), 

(j). 

the requirements of CAA section 

110(a)(2)(D)(i)(I) concerning interstate 

transport of air pollution for specific 

NAAQS. As amended (including by the 

2016 CSAPR Update), CSAPR requires 

27 eastern states to limit their statewide 

emissions of sulfur dioxide (SO2) and/ 

or NOX in order to mitigate transported 

air pollution unlawfully impacting other 

states’ ability to attain or maintain four 

NAAQS: The 1997 annual PM2.5

NAAQS, the 2006 24-hour PM2.5

NAAQS, the 1997 8-hour Ozone 

NAAQS, and the 2008 8-hour Ozone 

NAAQS. The CSAPR emissions 

limitations are defined in terms of 

maximum statewide ‘‘budgets’’ for 

emissions of annual SO2, annual NOX, 

and/or ozone season NOX by each 

covered state’s large EGUs. The CSAPR 

state budgets are implemented in two 

phases of generally increasing 

stringency: The Phase 1 budgets apply 

to emissions in 2015 and 2016; and the 

Phase 2 and CSAPR Update budgets 

apply to emissions in 2017 and later 

years. As a mechanism for achieving 

compliance with the emissions 

limitations, CSAPR establishes five 

federal emissions trading programs: A 

program for annual NOX emissions; two 

geographically separate programs for 

annual SO2 emissions; and two 

geographically separate programs for 

ozone season NOX emissions. CSAPR 

also establishes FIP requirements 

applicable to the large EGUs in each 

covered state.3 Currently, the CSAPR 

FIP provisions require each state’s units 

to participate in up to three of the five 

CSAPR trading programs. 

CSAPR includes provisions under 

which states may submit and EPA will 

approve SIP revisions to modify or 

replace the CSAPR FIP requirements 

while allowing states to continue to 

meet their transport-related obligations 

using either CSAPR’s federal emissions 

trading programs or state emissions 

trading programs integrated with the 

federal programs, provided that the SIP 

revisions meet all relevant criteria.4

Through such a SIP revision, a state may 

replace EPA’s default provisions for 

allocating emission allowances among 

the state’s units, employing any stateselected methodology to allocate or 

auction the allowances, subject to 

timing conditions and limits on overall 

allowance quantities. In the case of 

CSAPR’s federal trading programs for 

ozone season NOX emissions (or an 

integrated state trading program), a state 

may also expand trading program 

applicability to include certain smaller 

EGUs.5 If a state wants to replace the 

CSAPR FIP requirements with SIP 

requirements under which the state’s 

units participate in a state trading 

program that is integrated with and 

identical to the federal trading program 

even as to the allocation and 

applicability provisions, the state may 

submit a SIP revision for that purpose 

as well. However, no emissions budget 

increases or other substantive changes 

to the trading program provisions are 

allowed. A state whose units are subject 

to multiple CSAPR federal trading 

programs may submit SIP revisions to 

modify or replace either some or all of 

those FIP requirements. 

States can submit two basic forms of 

CSAPR-related SIP revisions effective 

for emissions control periods in 2017 or 

later years.6 Specific conditions for 

approval of each form of SIP revision 

are set forth in the CSAPR regulations, 

as described in section III below. Under 

the first alternative—an ‘‘abbreviated’’ 

SIP revision—a state may submit a SIP 

revision that upon approval replaces the 

default allowance allocation and/or 

applicability provisions of a CSAPR 

federal trading program for the state.7

Approval of an abbreviated SIP revision 

leaves the corresponding CSAPR FIP 

and all other provisions of the relevant 

federal trading program in place for the 

state’s units. 

Under the second alternative—a 

‘‘full’’ SIP revision—a state may submit 

a SIP revision that upon approval 

replaces a CSAPR federal trading 

program for the state with a state trading 

program integrated with the federal 

trading program, so long as the state 

trading program is substantively 

identical to the federal trading program 

or does not substantively differ from the 

federal trading program except as 

discussed above with regard to the 

allowance allocation and/or 

applicability provisions.8 For purposes 

of a full SIP revision, a state may either 

adopt state rules with complete trading 

program language, incorporate the 

federal trading program language into its 

state rules by reference (with 

appropriate conforming changes), or 

employ a combination of these 

approaches. 

The CSAPR regulations identify 

several important consequences and 

limitations associated with approval of 

a full SIP revision. First, upon EPA’s 

approval of a full SIP revision as 

correcting the deficiency in the state’s 

SIP that was the basis for a particular set 

of CSAPR FIP requirements, the 

obligation to participate in the 

corresponding CSAPR federal trading 

program is automatically eliminated for 

units subject to the state’s jurisdiction 

without the need for a separate EPA 

withdrawal action, so long as EPA’s 

approval of the SIP revision as meeting 

the requirements of the CSAPR 

regulations is full and unconditional.9

Second, approval of a full SIP revision 

does not terminate the obligation to 

participate in the corresponding CSAPR 

federal trading program for any units 

located in any Indian country within the 

borders of the state, and if and when a 

unit is located in Indian country within 

a state’s borders, EPA may modify the 

SIP approval to exclude from the SIP, 

and include in the surviving CSAPR FIP 

instead, certain trading program 

provisions that apply jointly to units in 

the state and to units in Indian country 

within the state’s borders.10 Finally, if at 

the time a full SIP revision is approved 

EPA has already started recording 

allocations of allowances for a given 

control period to a state’s units, the 

federal trading program provisions 

authorizing EPA to complete the process 

of allocating and recording allowances 

for that control period to those units 


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46676 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

11 40 CFR 52.38(a)(7), (b)(11); 52.39(k). 

12See 76 FR 48208, 48210, 48213 (August 8, 

2011). EPA also determined in the CSAPR 

rulemaking that air pollution transported from 

Alabama would unlawfully affect other states’ 

ability to attain or maintain the 1997 annual PM2.5

NAAQS and the 2006 24-hour PM2.5 NAAQS. 

Alabama previously submitted, and EPA previously 

approved, a SIP revision that replaces the CSAPR 

FIPs for the annual trading programs in Alabama. 

See 81 FR 59869 (August 31, 2016). 

13CSAPR Update, 81 FR at 74507–08. 

14 Id. at 74525. 

15 Id. at 74563 n.169. 

16 40 CFR 52.38(b)(2)(iii); 52.54(b). 

17As discussed above, the October 26, 2015 

submittal also contained provisions related to the 

annual NOX and SO2 trading programs, which EPA 

approved in a separate rulemaking. See 81 FR 

59869 (August 31, 2016). 

18For the purposes of this rulemaking, the 

October 26, 2015, and May 19, 2017, submittals 

together may also be referred to as the ‘‘Alabama 

ozone season submittals.’’ 

19 62 FR 27968 (May 22, 1997). 

20Alabama’s rules use the terms ‘‘Transport Rule’’ 

and ‘‘TR’’ instead of the updated terms ‘‘Cross-State 

Air Pollution Rule’’ and ‘‘CSAPR.’’ For simplicity, 

EPA uses the updated terms here except where 

otherwise noted. 

21 40 CFR 52.38(b)(10); see also 40 CFR 

52.54(b)(1) & (2). 

will continue to apply, unless EPA’s 

approval of the SIP revision provides 

otherwise.11

In the CSAPR rulemaking, among 

other findings, EPA determined that air 

pollution transported from Alabama 

would unlawfully affect other states’ 

ability to attain or maintain the 1997 

8-hour Ozone NAAQS.12 In the CSAPR 

Update rulemaking, EPA determined 

that air pollution transported from 

Alabama would unlawfully affect other 

states’ ability to attain or maintain the 

2008 8-hour Ozone NAAQS and 

established an ozone season NOX budget 

for Alabama’s EGUs representing a 

partial remedy for the State’s interstate 

transport obligations with respect to that 

NAAQS; 13 determined that Alabama’s 

previous ozone season NOX budget 

established in the CSAPR rulemaking as 

a partial remedy for the State’s interstate 

transport obligations with respect to the 

1997 8-hour Ozone NAAQS now 

represented a full remedy with respect 

to that NAAQS; 14 and coordinated 

compliance requirements by allowing 

compliance with the new CSAPR 

Update budget to serve the purpose of 

addressing the State’s obligations with 

respect to both NAAQS.15 Alabama 

units meeting the CSAPR applicability 

criteria are consequently subject to 

CSAPR FIP requirements for 

participation in the CSAPR NOX Ozone 

Season Group 2 Trading Program in 

order to address the State’s interstate 

transport obligations with respect to 

both the 1997 8-hour Ozone NAAQS 

(full remedy) and the 2008 8-hour 

Ozone NAAQS (partial remedy).16

On October 26, 2015, Alabama 

submitted to EPA a SIP revision 

including provisions that, if approved, 

would incorporate into Alabama’s SIP 

state trading program regulations that 

would replace the CSAPR federal 

trading program regulations with regard 

to Alabama units’ ozone season NOX

emissions.17 On May 19, 2017, Alabama 

submitted to EPA a SIP revision that 

supersedes portions of the October 26, 

2015, submittal to reflect changes from 

the CSAPR Update.18 On August 4, 

2017, Alabama sent a letter clarifying 

the State’s interpretation concerning the 

allowances for the Indian country new 

unit set aside for Alabama. 

In a notice of proposed rulemaking 

(NPRM) published on August 17, 2017 

(82 FR 39070), EPA proposed to approve 

the portions of Alabama’s October 26, 

2015, and May 19, 2017, SIP submittals 

designed to replace the federal CSAPR 

NOX Ozone Season Group 2 Trading 

Program. The NPRM provides 

additional detail regarding the 

background and rationale for EPA’s 

action. Comments on the NPRM were 

due on or before September 18, 2017. 

EPA received no adverse comments on 

the proposed action. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of ADEM Administrative 

Code rules 335–3–8–.39 through 335–3– 

8–.70, state effective on June 9, 2017, 

comprising Alabama’s TR NOX Ozone 

Season Trading Program. EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.19

III. Final Actions 

EPA is approving the portions of 

Alabama’s October 26, 2015, and May 

19, 2017, SIP submittals concerning the 

establishment for Alabama units of 

CSAPR state trading programs for ozone 

season NOX emissions. The revision 

adopts into the SIP the state trading 

program rules codified in ADEM 

Administrative Code rules 335–3–8–.39 

through 335–3–8–.70.20 These Alabama 

CSAPR state trading programs will be 

integrated with the federal CSAPR NOX

Ozone Season Group 2 Trading Program 

and are substantively identical to the 

federal trading programs except with 

regard to the allowance allocation 

provisions. Following approval of these 

portions of the SIP revision, Alabama 

units therefore will generally be 

required to meet requirements under 

Alabama’s CSAPR state trading 

programs equivalent to the requirements 

the units otherwise would have been 

required to meet under the 

corresponding CSAPR federal trading 

programs, but allocations to Alabama 

units of CSAPR NOX Ozone Season 

Group 2 allowances for compliance 

periods in 2019 and later years will be 

determined according to the SIP’s 

allocation provisions at Alabama rule 

335–3–8–.46 instead of EPA’s default 

allocation provisions at 40 CFR 

97.811(a) and (b)(1) and 97.812(a). EPA 

is approving these portions of the SIP 

revision because they meet the 

requirements of the CAA and EPA’s 

regulations for approval of a CSAPR full 

SIP revision replacing a federal trading 

program with a state trading program 

that is integrated with and substantively 

identical to the federal trading program 

except for permissible differences with 

respect to emission allowance allocation 

provisions. 

EPA promulgated the FIP provisions 

requiring Alabama units to participate 

in the federal CSAPR NOX Ozone 

Season Group 2 Trading Program in 

order to address Alabama’s obligations 

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

with respect to the 1997 8-hour Ozone 

NAAQS and the 2008 8-hour Ozone 

NAAQS in the absence of SIP provisions 

addressing those requirements. Under 

the CSAPR regulations, upon EPA’s full 

and unconditional approval of a SIP 

revision as correcting the SIP’s 

deficiency that is the basis for a 

particular CSAPR FIP, the obligation to 

participate in the corresponding CSAPR 

federal trading program is automatically 

eliminated for units subject to the state’s 

jurisdiction (but not for any units 

located in any Indian country within the 

state’s borders).21 Approval of the 

portions of Alabama’s SIP submittal 

adopting CSAPR state trading program 

rules for ozone season NOX

substantively identical to the 

corresponding CSAPR federal trading 


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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46677 

program regulations (or differing only 

with respect to the allowance allocation 

methodology) satisfies Alabama’s 

obligation pursuant to CAA section 

110(a)(2)(D)(i)(I) to prohibit emissions 

which will significantly contribute to 

nonattainment or interfere with 

maintenance of the 1997 8-hour Ozone 

NAAQS in any other state. This 

approval also partially satisfies 

Alabama’s obligation pursuant to CAA 

section 110(a)(2)(D)(i)(I) to prohibit 

emissions which will significantly 

contribute to nonattainment or interfere 

with maintenance of the 2008 8-hour 

Ozone NAAQS in any other state. Thus, 

the approval corrects the same 

deficiencies in the SIP that otherwise 

would be corrected by those CSAPR 

FIPs. The approval of the portions of 

Alabama’s SIP submittal establishing 

CSAPR state trading program rules for 

ozone season NOX emissions therefore 

also results in the automatic termination 

of the obligations of Alabama units to 

participate in the federal CSAPR NOX

Ozone Season Group 2 Trading 

Program. 

IV. 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. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 5, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: September 25, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.38 [Amended] 

■ 2. In § 52.38, paragraph (b)(13)(iv) is 

amended by removing the word 

‘‘[none]’’ at the end of the paragraph and 

adding in its place the word ‘‘Alabama’’. 

Subpart B–Alabama 

■ 3. In § 52.50, the table in paragraph (c) 

is amended by adding the entries 

‘‘Section 335–3–8–.39,’’ ‘‘Section 335– 

3–8–.40,’’ ‘‘Section 335–3–8–.41,’’ 

‘‘Section 335–3–8–.42’’, ‘‘Section 335– 

3–8–.43’’, ‘‘Section 335–3–8–.44’’, 

‘‘Section 335–3–8–.45’’, ‘‘Section 335– 

3–8–.46’’, ‘‘Section 335–3–8–.47’’, 

‘‘Section 335–3–8–.48’’, ‘‘Section 335– 

3–8–.49’’, ‘‘Section 335–3–8–.50’’, 

‘‘Section 335–3–8–.51’’, ‘‘Section 335– 

3–8–.52’’, ‘‘Section 335–3–8–.53’’, 

‘‘Section 335–3–8–.54’’, ‘‘Section 335– 

3–8–.55’’, ‘‘Section 335–3–8–.56’’, 

‘‘Section 335–3–8–.57’’, ‘‘Section 335– 

3–8–.58’’, ‘‘Section 335–3–8–.59’’, 

‘‘Section 335–3–8–.60’’, ‘‘Section 335– 

3–8–.61’’, ‘‘Section 335–3–8–.62’’, 

‘‘Section 335–3–8–.63’’, ‘‘Section 335– 

3–8–.64’’, ‘‘Section 335–3–8–.65’’, 

‘‘Section 335–3–8–.66’’, ‘‘Section 335– 

3–8–.67’’, ‘‘Section 335–3–8–.68’’, 

‘‘Section 335–3–8–.69’’, and ‘‘Section 

335–3–8–.70’’ in numerical order to 

read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 


asabaliauskas on DSKBBXCHB2PROD with RULES
46678 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter No. 335–3–8 Control of Nitrogen Oxides Emissions 

*******

Section 335–3–8–.39 ............. TR NOX Ozone Season Group 2 

Trading Program—Purpose and 

Definitions.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.40 ............. TR NOX Ozone Season Group 2 

Trading Program—Applicability.

11/24/2015 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.41 ............. TR NOX Ozone Season Group 2 

Trading Program—Retired Unit Exemption.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.42 ............. TR NOX Ozone Season Group 2 

Trading Program—Standard Requirements.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.43 ............. TR NOX Ozone Season Group 2 

Trading Program—Computation of 

Time.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.44 ............. Administrative Appeal Procedures .... 11/24/2015 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.45 ............. NOX Ozone Season Group 2 Trading 

Budgets and Variability Limits.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.46 ............. TR NOX Ozone Season Group 2 Allowance Allocations.6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.47 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.48 ............. Authorization of Designated Representative and Alternate Designated Representative.6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.49 ............. Responsibilities of Designated Representative and Alternate Designated Representative.6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.50 ............. Changing Designated Representative 

and Alternate Designated Representative; Changes in Owners 

and Operators; Changes in Units 

at the Source.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.51 ............. Certificate of Representation ............. 6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.52 ............. Objections Concerning Designated 

Representative and Alternate Designated Representative.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.53 ............. Delegation by Designated Representative and Alternate Designated Representative.6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.54 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.55 ............. Establishment of Compliance Accounts, Assurance Accounts, and 

General Accounts.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.56 ............. Recordation of TR NOX Ozone Season Group 2 Allowance Allocations 

and Auction Results.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.57 ............. Submission of TR NOX Ozone Season Group 2 Allowance Transfers.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.58 ............. Recordation of TR NOX Ozone Season Group 2 Allowance Transfers.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.59 ............. Compliance with TR NOX Ozone 

Season Group 2 Emissions Limitation.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.60 ............. Compliance with TR NOX Ozone 

Season Group 2 Assurance Provisions.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.61 ............. Banking .............................................. 6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.62 ............. TR NOX Ozone Season Group 2 

Trading Program—Account Error.

6/9/2017 10/6/2017, [insert Federal 

Register citation].


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46679 

EPA APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

Section 335–3–8–.63 ............. TR NOX Ozone Season Group 2 

Trading Program—Administrator’s 

Action on Submissions.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.64 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.65 ............. General Monitoring, Recordkeeping, 

and Reporting Requirements.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.66 ............. Initial Monitoring System Certification 

and Recertification Procedures.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.67 ............. Monitoring System Out-of-Control 

Periods.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.68 ............. Notifications Concerning Monitoring 6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.69 ............. Recordkeeping and Reporting .......... 6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.70 ............. Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements.6/9/2017 10/6/2017, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–21523 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0356; FRL–9968–82– 

Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Infrastructure 

SIP Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

revision from the State of Missouri for 

the 2008 Ozone National Ambient Air 

Quality Standard (NAAQS). Section 110 

of the CAA requires that each state 

adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each new or revised 

NAAQS promulgated by EPA. These 

SIPs are commonly referred to as 

‘‘infrastructure’’ SIPs. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This direct final rule will be 

effective December 5, 2017, without 

further notice, unless EPA receives 

adverse comment by November 6, 2017. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0356, to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Tracey Casburn, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7016, or by email at 

casburn.tracey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

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

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is being addressed in this 

document? 

EPA is approving the infrastructure 

SIP submission from the State of 

Missouri received on July 08, 2013, as 

meeting the submittal requirements of 

110(a)(1). EPA is approving the 

following elements of section 110(a)(2): 

(A), (B), (C), (D)(i)(II)—prevent 

significant deterioration of air quality 

(prong 3), (D)(ii), (E) through (H), and (J) 

through (M). EPA is not acting on the 

elements of section 110(a)(2)(D)(i)(I)— 

significant contribution to 

nonattainment (prong 1), interfering 

with maintenance of the NAAQs (prong 

2) because those elements were not 

addressed in the SIP revision submittal. 

EPA is not acting on section 110(a)(2)(I). 

EPA will act on 110(a)(2)(D)(i)(II)— 

protection of visibility (prong 4) in a 

separate action. 

A Technical Support Document (TSD) 

is included as part of the docket to 

discuss the details of this action, 

including analysis of how the SIP meets 

the applicable 110 requirements for 

infrastructure SIPs. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state’s submission has met the 

public notice requirements for the 

Ozone infrastructure SIP submission in 

accordance with 40 CFR 51.102. The 


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