[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59869-59876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0294; FRL-9951-52-Region 4]


Air Plan Approval; Alabama; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of the October 26, 2015, State Implementation Plan (SIP) 
submittal from Alabama concerning the Cross-State Air Pollution Rule 
(CSAPR). Under CSAPR, large electricity generating units (EGUs) in 
Alabama are subject to Federal Implementation Plans (FIPs) requiring 
the units to participate in CSAPR's federal trading program for annual 
emissions of nitrogen oxides (NOX) and one of CSAPR's two 
federal trading programs for annual emissions of sulfur dioxide 
(SO2). This action approves the incorporation into Alabama's 
SIP of the state's regulations requiring Alabama EGUs to participate in 
new CSAPR state trading programs for annual NOX and 
SO2 emissions integrated with the CSAPR federal trading 
programs, replacing the corresponding FIP requirements. These CSAPR 
state trading programs are substantively identical to the CSAPR federal 
trading programs except with regard to the provisions allocating 
emission allowances among Alabama units. EPA is approving the portions 
of the SIP revision concerning these CSAPR state trading programs 
because these portions of the SIP revision meet the requirements of the 
Clean Air Act (CAA or Act) and EPA's regulations for approval of a 
CSAPR full SIP revision replacing the requirements of a CSAPR FIP. 
Under the CSAPR regulations, approval of these portions of the SIP 
revision automatically eliminates Alabama units' obligations to 
participate in CSAPR's federal trading programs for annual 
NOX and SO2 emissions under the corresponding 
CSAPR FIPs addressing interstate transport requirements for the 1997 
and 2006 Fine Particulate Matter (PM2.5) national ambient 
air quality standards (NAAQS). Approval of these portions of the SIP 
revision fully satisfies Alabama's good neighbor obligation under the 
CAA to prohibit emissions which will significantly contribute to 
nonattainment or interfere with maintenance of the 1997 and 2006 
PM2.5 NAAQS in any other state. This approval also addresses 
the judicial remand of the federally-established CSAPR Phase 2 
SO2 budget for Alabama. EPA is not acting at this time on 
the portion of Alabama's SIP submittal intended to replace Alabama 
units' obligations to participate in CSAPR's federal trading program 
for ozone-season NOX emissions under a separate CSAPR FIP.

DATES: This rule is effective September 30, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No EPA-R04-OAR-2016-0294. 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: Steven Scofield, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 
Mr. Scofield can be reached by telephone at (404) 562-9034 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on CSAPR and CSAPR-Related SIP revisions

    EPA issued CSAPR in July 2011 to address the requirements of CAA 
section 110(a)(2)(D)(i)(I) concerning interstate transport of air 
pollution.\1\ As amended, CSAPR requires 28 Eastern states to limit 
their statewide emissions of SO2 and/or NOX in 
order to mitigate transported air pollution unlawfully impacting other 
states' ability to attain or maintain three NAAQS: the 1997 ozone 
NAAQS, the 1997 annual PM2.5 NAAQS, and the 2006 24-hour 
PM2.5 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, with the Phase 1 budgets applying to emissions in 2015 and 
2016 and the Phase 2 budgets applying to emissions in 2017 and later 
years. As a mechanism for achieving compliance with the emissions 
limitations, CSAPR established four federal emissions trading programs: 
A program for annual NOX emissions, a program for ozone-
season NOX emissions, and two geographically separate 
programs for annual SO2 emissions. CSAPR also established 
FIP requirements applicable to the large electricity generating units 
in each covered state. The CSAPR FIP provisions require each state's 
units to participate in up to three of the four CSAPR trading programs.
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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) (codified as amended at 40 CFR 52.38 and 
52.39 and subparts AAAAA through DDDDD of 40 CFR part 97).
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    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.\2\ Through such a SIP revision, a state may replace 
EPA's default provisions for allocating emission allowances among the 
state's units, employing any state-selected 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 
program for ozone-season NOX emissions (or an integrated 
state trading program), a state may also expand trading program 
applicability to include certain smaller electricity

[[Page 59870]]

generating units. If a state wants to replace 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 FIPs and federal trading programs 
may submit SIP revisions to modify or replace either some or all of 
those FIP requirements.
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    \2\ See 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.
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    States can submit two basic forms of CSAPR-related SIP revisions 
effective for emissions control periods in 2017 or later years.\3\ 
Specific conditions for approval of each form of SIP revision are set 
forth in the CSAPR regulations. 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.\4\ 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.
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    \3\ CSAPR also provides for a third, more streamlined form of 
SIP revision that is effective only for control periods in 2016 and 
is not relevant here. See Sec.  52.38(a)(3), (b)(3); Sec.  52.39(d), 
(g).
    \4\ Sec.  52.38(a)(4), (b)(4); Sec.  52.39(e), (h).
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    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.\5\ 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.
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    \5\ Sec.  52.38(a)(5), (b)(5); Sec.  52.39(f), (i).
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    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 implementation plan 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 is 
full and unconditional.\6\ 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.\7\ 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 will 
continue to apply, unless EPA's approval of the SIP revision provides 
otherwise.\8\
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    \6\ Sec.  52.38(a)(6), (b)(6); Sec.  52.39(j).
    \7\ Sec.  52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), (b)(6); 
Sec.  52.39(f)(4)-(5), (i)(4)-(5), (j).
    \8\ Sec.  52.38(a)(7), (b)(7); Sec.  52.39(k).
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    Certain CSAPR Phase 2 emissions budgets have been remanded to EPA 
for reconsideration.\9\ However, the CSAPR trading programs remain in 
effect and all CSAPR emissions budgets likewise remain in effect 
pending EPA final action to address the remands. The remanded budgets 
include the CSAPR Phase 2 SO2 emissions budget applicable to 
Alabama units under the federal CSAPR SO2 Group 2 Trading 
Program.
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    \9\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138 
(D.C. Cir. 2015).
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    In 2015, EPA proposed to update CSAPR to address Eastern states' 
interstate air pollution mitigation obligations with regard to the 2008 
ozone NAAQS. Among other things, the proposed rule would amend the 
Phase 2 emissions budget applicable to Alabama units under the CSAPR 
NOX Ozone Season Trading Program and would make technical 
corrections and nomenclature changes that would apply throughout the 
CSAPR regulations, including the CSAPR FIPs at 40 CFR part 52 and the 
CSAPR federal trading program regulations for annual NOX, 
ozone-season NOX, and SO2 emissions at 40 CFR 
part 97.\10\
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    \10\ 80 FR 75706, 75710, 75757 (December 3, 2015).
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    In the CSAPR rulemaking, EPA determined that air pollution 
transported from Alabama would unlawfully affect other states' ability 
to attain or maintain the 1997 and 2006 PM2.5 NAAQS and the 
1997 ozone NAAQS.\11\ Alabama units meeting the CSAPR applicability 
criteria were consequently made subject to FIP provisions requiring 
participation in CSAPR federal trading programs for SO2, 
annual NOX, and ozone-season NOX emissions.\12\ 
On October 26, 2015, Alabama submitted to EPA a SIP revision including 
provisions that, if all portions were approved, would incorporate into 
Alabama's SIP CSAPR state trading program regulations that would 
replace the CSAPR regulations for all three of these federal trading 
programs with regard to Alabama units for control periods in 2017 and 
later years. In a notice of proposed rulemaking (NPRM) published on 
June 28, 2016 (81 FR 41914), EPA proposed to approve portions of 
Alabama's October 26, 2015, SIP submittal designed to replace the CSAPR 
federal SO2 and annual NOX trading programs. EPA 
did not propose to take action on the portion of the SIP submittal 
designed to replace the federal CSAPR ozone-season NOX 
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 July 28, 2016. EPA received no adverse comments on the 
proposed action.
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    \11\ 76 FR at 48213.
    \12\ 40 CFR 52.38(a)(2), (b)(2); Sec.  52.39(c); Sec.  52.54(a), 
(b); Sec.  52.55.
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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-.07 through 335-3-8-.38 (establishing 
Alabama's ``TR NOX Annual Trading Program'') and 335-3-5-.06 
through 335-3-5-.36 (establishing Alabama's ``TR SO2 Group 2 
Trading Program''), effective November 24, 2015.\13\ Therefore, these 
materials have

[[Page 59871]]

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.\14\ 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).
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    \13\ EPA notes that ADEM Administrative Code rules 335-3-5-.06 
through 335-3-05-.08 and 335-3-05-.11 through 335-3-05-.14 (state 
effective November 24, 2015) for the TR SO2 Group 2 
trading program have the same numeric regulatory citations as the 
regulations in the SIP for Alabama's existing CAIR SO2 
trading program as identified at 40 CFR 52.50(c) and that the ADEM 
Administrative Code rules 335-3-8-.07 through 335-3-8-.33 (with the 
exception of rules 335-3-8-.15, -.19, -.22, -.28, and -.31) (state 
effective November 24, 2015) for the TR NOX Annual 
trading program have the same numeric regulatory citations as the 
regulations in the SIP for Alabama's existing NOX Budget 
trading and the CAIR NOX Annual trading programs as 
identified at 40 CFR 52.50(c). The existing NOX Budget 
trading and CAIR regulations remain in the Alabama SIP and are not 
superseded by the TR regulations approved into the SIP in this final 
action even though these TR regulations share the same numeric 
citations. Therefore, the regulatory table at 40 CFR 52.50(c) 
retains the existing NOX Budget and CAIR SO2 
and NOX Annual trading programs and includes the TR 
SO2 Group 2 and NOX Annual trading programs.
    \14\ 62 FR 27968 (May 22, 1997).
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III. Final Actions

    EPA is approving the portions of Alabama's October 26, 2015, SIP 
submittal concerning the establishment for Alabama units of CSAPR state 
trading programs for annual NOX and SO2 emissions 
for compliance periods in 2017 and later years. The revision adopts 
into the SIP the state trading program rules codified in ADEM 
Administrative Code rules 335-3-8-.07 through 335-3-8-.38 (establishing 
Alabama's ``TR NOX Annual Trading Program'') and 335-3-5-.06 
through 335-3-5-.36 (establishing Alabama's ``TR SO2 Group 2 
Trading Program'').\15\ These Alabama CSAPR state trading programs will 
be integrated with the federal CSAPR NOX Annual Trading 
Program and the federal CSAPR SO2 Group 2 Trading Program, 
respectively, and are substantively identical to the federal trading 
programs except with regard to the allowance allocation provisions.\16\ 
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 Annual allowances for compliance 
periods in 2017 and later years will be determined according to the 
SIP's allocation provisions at Alabama rule 335-3-8-.14 instead of 
EPA's default allocation provisions at 40 CFR 97.411(a), 97.411(b)(1), 
and 97.412(a), and allocations to Alabama units of CSAPR SO2 
Group 2 allowances will be determined according to the SIP's allocation 
provisions at Alabama rule 335-3-5-.13 instead of EPA's default 
allocation provisions at 40 CFR 97.711(a), 97.711(b)(1), and 97.712(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.
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    \15\ Consistent with the current CSAPR regulatory text, the 
Alabama rules use the terms ``Transport Rule'' and ``TR'' instead of 
the updated terms ``Cross-State Air Pollution Rule'' and ``CSAPR''.
    \16\ EPA has proposed to make certain technical corrections to 
the CSAPR FIP and federal trading program regulations in order to 
more accurately reflect EPA's intent as described in the CSAPR 
rulemaking and has also proposed to replace ``TR'' with ``CSAPR'' 
throughout the regulations (for example, ``TR NOX Annual 
unit'' would become ``CSAPR NOX Annual unit''). See 80 FR 
75706, 75758. Because the proposed technical corrections merely 
clarify and do not change EPA's interpretations, where the proposed 
corrections would apply to a provision incorporated by reference in 
the Alabama rules, EPA would interpret the Alabama rules as 
reflecting the corrections. Further, EPA anticipates that if the 
proposed nomenclature updates are finalized, the final CSAPR federal 
regulations would explicitly provide that terms that include 
``CSAPR'' encompass otherwise identical terms in approved SIP 
revisions that include ``TR''.
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    EPA promulgated the FIP provisions requiring Alabama units to 
participate in the federal CSAPR NOX Annual Trading Program 
and the federal CSAPR SO2 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 and 2006 PM2.5 NAAQS in the absence 
of SIP provisions addressing those requirements. Approval of the 
portions of Alabama's SIP submittal adopting CSAPR state trading 
program rules for annual NOX and SO2 
substantively identical to the corresponding CSAPR federal trading 
program regulations (or differing only with respect to the allowance 
allocation methodology) will correct the same deficiency in the SIP 
that otherwise would be corrected by those CSAPR FIPs. 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).\17\ The 
approval of the portions of Alabama's SIP submittal establishing CSAPR 
state trading program rules for annual NOX and 
SO2 emissions therefore will result in automatic termination 
of the obligations of Alabama units to participate in the federal CSAPR 
NOX Annual Trading Program and the federal CSAPR 
SO2 Group 2 Trading Program. Further, when promulgating the 
FIP provisions requiring Alabama units to participate in those two 
CSAPR trading programs, EPA found that those FIP requirements would 
fully satisfy 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 
and 2006 PM2.5 NAAQS in any other state.\18\ This approval 
of portions of Alabama's SIP revision as correcting the SIP's 
deficiency that was the basis for those FIP requirements therefore 
likewise fully satisfies the state's transport obligation with respect 
to the 1997 and 2006 PM2.5 NAAQS.
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    \17\ 40 CFR 52.38(a)(6); Sec.  52.39(j); see also Sec.  
52.54(a)(1); Sec.  52.55(a).
    \18\ See 76 FR 48208, 48210 (August 8, 2011).
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    As noted in EPA's NPRM, the Phase 2 SO2 budget 
established for Alabama in the CSAPR rulemaking has been remanded to 
EPA for reconsideration.\19\ With the approval of these portions of the 
SIP revision as proposed, Alabama has fulfilled its obligations to 
provide a SIP that addresses the interstate transport provisions of CAA 
section 110(a)(2)(D)(i)(I) with respect to the 1997 and 2006 
PM2.5 NAAQS. Thus, EPA no longer has an obligation to (nor 
does EPA have the authority to) address those transport requirements 
through implementation of a FIP, and approval of these portions of the 
SIP revision eliminates Alabama units' obligations to participate in 
the federal CSAPR NOX Annual Trading Program and the federal 
CSAPR SO2 Group 2 Trading Program. Elimination of Alabama 
units' obligations to participate in the federal trading programs 
includes elimination of the requirements to comply with the federally-
established Phase 2 budgets capping allocations of CSAPR NOX 
Annual allowances and CSAPR SO2 Group 2 allowances to 
Alabama units under those federal trading programs.

[[Page 59872]]

As approval of these portions of the SIP revision eliminates 
requirements to comply with Alabama's remanded federally-established 
Phase 2 SO2 budget and eliminates EPA's authority to subject 
units in Alabama to a FIP, it is EPA's opinion that finalization of 
approval of this SIP action addresses the judicial remand of Alabama's 
federally-established Phase 2 SO2 budget.\20\
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    \19\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138 
(D.C. Cir. 2015).
    \20\ Although the court in EME Homer City Generation remanded 
Alabama's Phase 2 SO2 budget because it determined that 
the budget was too stringent, nothing in the court's decision 
affects Alabama's authority to seek incorporation into its SIP of a 
state-established budget as stringent as the remanded federally-
established budget or limits EPA's authority to approve such a SIP 
revision. See 42 U.S.C. 7416, 7410(k)(3).
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    Large electricity generating units in Alabama are subject to 
additional CSAPR FIP provisions requiring them to participate in the 
federal CSAPR NOX Ozone Season Trading Program. While 
Alabama's SIP submittal also seeks to replace the CSAPR FIP 
requirements addressing Alabama units' ozone-season NOX 
emissions, EPA is not acting on that portion of the SIP submittal at 
this time. Approval of this SIP revision concerning other CSAPR trading 
programs has no effect on any CSAPR FIP requirements applicable to 
Alabama units regarding ozone-season NOX emissions.

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. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 31, 2016. 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 it shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: August 16, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(c) is amended by:
0
a. Adding seven new entries under ``Chapter No. 335-3-5 Control of 
Sulfur Compound Emissions'' for ``335-3-5-.06'', ``335-3-5-.07'', 
``335-3-5-.08'', ``335-3-5-.11'', ``335-3-5-.12'', ``335-3-5-.13'' and 
``335-3-5-.14'' under each existing entry for ``335-3-5-.06'', ``335-3-
5-.07'', ``335-3-5-.08'', ``335-3-5-.11'', ``335-3-5-.12'', ``335-3-
5-.13'' and ``335-3-5-.14'' in numerical and date order;
0
b. Adding in numerical order under ``Chapter No. 335-3-5 Control of 
Sulfur Compound Emissions'' new entries for ``335-3-5-.09'', ``335-3-
5-.10'', and ``335-3-5-.15'' through ``335-3-5-.36'';
0
c. Revising the title to Chapter No. 335-3-8;
0
d. Adding 21 new entries under ``Chapter No. 335-3-8 Control of 
Nitrogen Oxides Emissions'' for ``335-3-8-.07'', ``335-3-8-.08'', 
``335-3-8-.09'', ``335-3-8-.10'', ``335-3-8-.11'', ``335-3-8-.12'', 
``335-3-8-.13'', ``335-3-8-.14'', ``335-3-8-.16'', ``335-3-8-.17'', 
``335-3-8-.18'', ``335-3-8-.20'', ``335-3-8-.21'', ``335-3-8-.23'', 
``335-3-8-.24'', ``335-3-8-.25'', ``335-3-8-.26'', ``335-3-8-.27'', 
``335-3-8-.29'', ``335-3-8-.30'' and ``335-3-8-.33'', under each 
existing entry for ``335-3-8-.07'', ``335-3-8-.08'', ``335-3-8-.09'', 
``335-3-8-.10'', ``335-3-8-.11'', ``335-3-8-.12'', ``335-3-8-.13'', 
``335-3-8-.14'', ``335-3-8-.16'', ``335-3-8-.17'', ``335-3-8-.18'', 
``335-3-8-.20'', ``335-3-8-.21'', ``335-3-8-.23'', ``335-3-8-.24'', 
``335-3-8-.25'', ``335-3-8-.26'', ``335-3-8-.27'', ``335-3-8-.29'', 
``335-

[[Page 59873]]

3-8-.30'' and ``335-3-8-.33'', in numerical and date order; and
0
e. Adding in numerical order under ``Chapter No. 335-3-8 Control of 
Nitrogen Oxides Emissions'' new entries for ``335-3-8-.15'', ``335-3-
8-.19'', ``335-3-8-.22'', ``335-3-8-.28'', ``335-3-8-.31'', ``335-3-
8-.34'', ``335-3-8-.35'', ``335-3-8-.36'', ``335-3-8-.37'' and ``335-3-
8-.38''.
    The additions and revision read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        State citation               Title/subject      effective date  EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter No. 335-3-5 Control of Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 335-3-5-.06...........  TR SO2 Trading              11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Purpose and                    citation of        3-5-.06 are included
                                 Definitions.                            publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-5-.07...........  TR SO2 Trading              11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Applicabilit                   citation of        3-5-.07 are included
                                 y.                                      publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-5-.08...........  TR SO2 Trading              11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Retired Unit                   citation of        3-5-.08 are included
                                 Exemption.                              publication].      in the approved SIP.
Section 335-3-5-.09...........  TR SO2 Trading              11/24/2015  8/31/2016 [Insert  .....................
                                 Program--Standard                       citation of
                                 Requirements.                           publication].
Section 335-3-5-.10...........  TR SO2 Trading              11/24/2015  8/31/2016 [Insert  .....................
                                 Program--omputation                     citation of
                                 of Time.                                publication].
 
                                                  * * * * * * *
Section 335-3-5-.11...........  Administrative Appeal       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Procedures.                             citation of        3-5-.11 are included
                                                                         publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-5-.12...........  SO2 Trading Budgets         11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 and Variability                         citation of        3-5-.12 are included
                                 Limits.                                 publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-5-.13...........  TR SO2 Allowance            11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Allocations.                            citation of        3-5-.13 are included
                                                                         publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-5-.14...........  Authorization of            11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Designated                              citation of        3-5-.14 are included
                                 Representative and                      publication].      in the approved SIP.
                                 Alternate Designated
                                 Representative.
Section 335-3-5-.15...........  Responsibilities of         11/24/2015  8/31/2016 [Insert  .....................
                                 Designated                              citation of
                                 Representative and                      publication].
                                 Alternate Designated
                                 Representative.
Section 335-3-5-.16...........  Changing Designated         11/24/2015  8/31/2016 [Insert  .....................
                                 Representative and                      citation of
                                 Alternate Designated                    publication].
                                 Representative;
                                 Changes in Owners and
                                 Operators; Changes in
                                 Units at the Source.
Section 335-3-5-.17...........  Certificate of              11/24/2015  8/31/2016 [Insert  .....................
                                 Representation.                         citation of
                                                                         publication].
Section 335-3-5-.18...........  Objections Concerning       11/24/2015  8/31/2016 [Insert  .....................
                                 Designated                              citation of
                                 Representative and                      publication].
                                 Alternate Designated
                                 Representative.
Section 335-3-5-.19...........  Delegation by               11/24/2015  8/31/2016 [Insert  .....................
                                 Designated                              citation of
                                 Representative and                      publication].
                                 Alternate Designated
                                 Representative.

[[Page 59874]]

 
Section 335-3-5-.20...........  Reserved..............      11/24/2015  8/31/2016 [Insert  .....................
                                                                         citation of
                                                                         publication].
Section 335-3-5-.21...........  Establishment of            11/24/2015  8/31/2016 [Insert  .....................
                                 Compliance Accounts,                    citation of
                                 Assurance Accounts,                     publication].
                                 and General Accounts.
Section 335-3-5-.22...........  Recordation of TR SO2       11/24/2015  8/31/2016 [Insert  .....................
                                 Allowance Allocations                   citation of
                                 and Auction Results.                    publication].
Section 335-3-5-.23...........  Submission of TR SO2        11/24/2015  8/31/2016 [Insert  .....................
                                 Allowance Transfers.                    citation of
                                                                         publication].
Section 335-3-5-.24...........  Recordation of TR SO2       11/24/2015  8/31/2016 [Insert  .....................
                                 Allowance Transfers.                    citation of
                                                                         publication].
Section 335-3-5-.25...........  Compliance with TR SO2      11/24/2015  8/31/2016 [Insert  .....................
                                 Emissions Limitation.                   citation of
                                                                         publication].
Section 335-3-5-.26...........  Compliance with TR SO2      11/24/2015  8/31/2016 [Insert  .....................
                                 Assurance Provisions.                   citation of
                                                                         publication].
Section 335-3-5-.27...........  Banking...............      11/24/2015  8/31/2016 [Insert  .....................
                                                                         citation of
                                                                         publication].
Section 335-3-5-.28...........  Account Error.........      11/24/2015  8/31/2016 [Insert  .....................
                                                                         citation of
                                                                         publication].
Section 335-3-5-.29...........  Administrator's Action      11/24/2015  8/31/2016 [Insert  .....................
                                 on Submissions.                         citation of
                                                                         publication].
Section 335-3-5-.30...........  Reserved..............      11/24/2015  8/31/2016 [Insert  .....................
                                                                         citation of
                                                                         publication].
Section 335-3-5-.31...........  General Monitoring,         11/24/2015  8/31/2016 [Insert  .....................
                                 Recordkeeping, and                      citation of
                                 Reporting                               publication].
                                 Requirements.
Section 335-3-5-.32...........  Initial Monitoring          11/24/2015  8/31/2016 [Insert  .....................
                                 System Certification                    citation of
                                 and Recertification                     publication].
                                 Procedures.
Section 335-3-5-.33...........  Monitoring System Out-      11/24/2015  8/31/2016 [Insert  .....................
                                 of-Control Periods.                     citation of
                                                                         publication].
Section 335-3-5-.34...........  Notifications               11/24/2015  8/31/2016 [Insert  .....................
                                 Concerning Monitoring.                  citation of
                                                                         publication].
Section 335-3-5-.35...........  Recordkeeping and           11/24/2015  8/31/2016 [Insert  .....................
                                 Reporting.                              citation of
                                                                         publication].
Section 335-3-5-.36...........  Petitions for               11/24/2015  8/31/2016 [Insert  .....................
                                 Alternatives to                         citation of
                                 Monitoring,                             publication].
                                 Recordkeeping, or
                                 Reporting
                                 Requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 335-3-8-.07...........  TR NOX Annual Trading       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Purpose and                    citation of        3-8-.07 are included
                                 Definitions.                            publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.08...........  TR NOX Annual Trading       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Applicabilit                   citation of        3-8-.08 are included
                                 y.                                      publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.09...........  TR NOX Annual Trading       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Retired Unit                   citation of        3-8-.09 are included
                                 Exemption.                              publication].      in the approved SIP.

[[Page 59875]]

 
 
                                                  * * * * * * *
Section 335-3-8-.10...........  TR NOX Annual Trading       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Standard                       citation of        3-8-.10 are included
                                 Requirements.                           publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.11...........  TR NOX Annual Trading       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Program--Computation                    citation of        3-8-.11 are included
                                 of Time.                                publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.12...........  Administrative Appeal       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Procedures.                             citation of        3-8-.12 are included
                                                                         publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.13...........  NOX Annual Trading          11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Budgets and                             citation of        3-8-.13 are included
                                 Variability Limits.                     publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.14...........  TR NOX Annual               11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Allowance Allocations.                  citation of        3-8-.14 are included
                                                                         publication].      in the approved SIP.
Section 335-3-8-.15...........  Reserved..............      11/24/2015  8/31/2016 [Insert  .....................
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
Section 335-3-8-.16...........  Authorization of            11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Designated                              citation of        3-8-.16 are included
                                 Representative and                      publication].      in the approved SIP.
                                 Alternate Designated
                                 Representative.
 
                                                  * * * * * * *
Section 335-3-8-.17...........  Responsibilities of         11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Designated                              citation of        3-8-.17 are included
                                 Representative and                      publication].      in the approved SIP.
                                 Alternate Designated
                                 Representative.
 
                                                  * * * * * * *
Section 335-3-8-.18...........  Changing Designated         11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Representative and                      citation of        3-8-.18 are included
                                 Alternate Designated                    publication].      in the approved SIP.
                                 Representative;
                                 Changes in Owners and
                                 Operators; Changes in
                                 Units at the Source.
Section 335-3-8-.19...........  Certificate of              11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Representation.                         citation of        3-8-.19 are included
                                                                         publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.20...........  Objections Concerning       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Designated                              citation of        3-8-.20 are included
                                 Representative and                      publication].      in the approved SIP.
                                 Alternate Designated
                                 Representative.
 
                                                  * * * * * * *
Section 335-3-8-.21...........  Delegation by               11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Designated                              citation of        3-8-.21 are included
                                 Representative and                      publication].      in the approved SIP.
                                 Alternate Designated
                                 Representative.
Section 335-3-8-.22...........  Reserved..............      11/24/2015  8/31/2016 [Insert  .....................
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
Section 335-3-8-.23...........  Establishment of            11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Compliance Accounts,                    citation of        3-8-.23 are included
                                 Assurance Accounts,                     publication].      in the approved SIP.
                                 and General Accounts.
 
                                                  * * * * * * *
Section 335-3-8-.24...........  Recordation of TR NOX       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Annual Allowance                        citation of        3-8-.24 are included
                                 Allocations and                         publication].      in the approved SIP.
                                 Auction Results.
 

[[Page 59876]]

 
                                                  * * * * * * *
Section 335-3-8-.25...........  Submission of TR NOX        11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Annual Allowance                        citation of        3-8-.25 are included
                                 Transfers.                              publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.26...........  Recordation of TR NOX       11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Annual Allowance                        citation of        3-8-.26 are included
                                 Transfers.                              publication].      in the approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.27...........  Compliance with TR NOX      11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Annual Emissions                        citation of        3-8-.27 are included
                                 Limitation.                             publication].      in the approved SIP.
Section 335-3-8-.28...........  Compliance with TR NOX      11/24/2015  8/31/2016 [Insert  .....................
                                 Annual Assurance                        citation of
                                 Provisions.                             publication].
 
                                                  * * * * * * *
Section 335-3-8-.29...........  Banking...............      11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                                                         citation of        3-8-.297 are
                                                                         publication].      included in the
                                                                                            approved SIP.
 
                                                  * * * * * * *
Section 335-3-8-.30...........  Account Error.........      11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                                                         citation of        3-8-.30 are included
                                                                         publication].      in the approved SIP.
Section 335-3-8-.31...........  Administrator's Action      11/24/2015  8/31/2016 [Insert  .....................
                                 on Submissions.                         citation of
                                                                         publication].
 
                                                  * * * * * * *
Section 335-3-8-.33...........  General Monitoring,         11/24/2015  8/31/2016 [Insert  Both sections of 335-
                                 Recordkeeping, and                      citation of        3-8-.33 are included
                                 Reporting                               publication].      in the approved SIP.
                                 Requirements.
Section 335-3-8-.34...........  Initial Monitoring          11/24/2015  8/31/2016 [Insert  .....................
                                 System Certification                    citation of
                                 and Recertification                     publication].
                                 Procedures.
Section 335-3-8-.35...........  Monitoring System Out-      11/24/2015  8/31/2016 [Insert  .....................
                                 of-Control Periods.                     citation of
                                                                         publication].
Section 335-3-8-.36...........  Notifications               11/24/2015  8/31/2016 [Insert  .....................
                                 Concerning Monitoring.                  citation of
                                                                         publication].
Section 335-3-8-.37...........  Recordkeeping and           11/24/2015  8/31/2016 [Insert  .....................
                                 Reporting.                              citation of
                                                                         publication].
Section 335-3-8-.38...........  Petitions for               11/24/2015  8/31/2016 [Insert  .....................
                                 Alternatives to                         citation of
                                 Monitoring,                             publication].
                                 Recordkeeping, or
                                 Reporting
                                 Requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-20854 Filed 8-30-16; 8:45 am]
 BILLING CODE 6560-50-P