IN......................................            16,673             1,976             1,352             3,428
KY......................................            10,134             2,665               583             3,120
LA......................................            40,954             7,142             1,869             7,687
MD......................................             2,818               157               147             1,145
MI......................................            20,576             2,985               760             5,087
MO......................................            11,237             2,065               579             4,716
MS......................................             9,763             2,499               507             2,650

NJ......................................             2,078               242               242               258
NV \421\................................             2,544                 0                 0                 0
NY......................................             5,363               958               726             1,447
OH......................................            18,000             3,105             1,031             4,006
OK......................................            26,786             4,388             1,376             5,276
PA......................................            14,919             2,184             1,656             4,550
TX......................................            61,099             4,691             1,880             9,963
UT......................................             4,232               252                52               615
VA......................................             7,757             2,200               978             2,652
WV......................................             6,318             1,649               408             2,100
                                         -----------------------------------------------------------------------
    Totals..............................           302,425            44,616            16,786            67,728
----------------------------------------------------------------------------------------------------------------
\a\ The 2019 ozone season emissions are calculated as 5/12 of the annual emissions from the following two
  emissions inventory files: nonegu_SmokeFlatFile_2019NEI_POINT_20210721_controlupdate_13sep2021_v0 and
  oilgas_SmokeFlatFile_2019NEI_POINT_20210721_controlupdate_13sep2021_v0.

    For EGUs, the EPA analyzed ozone season NOX emissions
reductions and the associated costs to the power sector using the
Integrated Planning Model (IPM) and its underlying data and inputs. For
non-EGUs, the EPA prepared an assessment summarized in the memorandum
titled Summary of Final Rule Applicability Criteria and Emissions
Limits for Non-EGU Emissions Units, Assumed Control Technologies for
Meeting the Final Emissions Limits, and Estimated Emissions Units,
Emissions Reductions, and Costs, and the memorandum includes estimated
emissions reductions by state for the rule.\421\
---------------------------------------------------------------------------

    \421\ We are not aware of existing non-EGU emissions units in
Nevada that meet the applicability criteria for non-EGUs in the
final rule. If any such units in fact exist, they would be subject
to the requirements of the rule just as in any other state. In
addition, any new emissions unit in Nevada that meets the
applicability criteria in the final rule will be subject to the
final rule's requirements. See section III.B.1.d.
---------------------------------------------------------------------------

    Table VIII-3 reflects the estimates of the changes in the cost of
supplying electricity for the regulatory control alternatives for EGUs
and estimates of complying with the emissions requirements for non-
EGUs. The costs presented in Table VIII-3 do not include monitoring and
reporting costs, which EPA summarizes in section X.B.2 of this
document. The monitoring and reporting costs presented in section X.B.2
are $0.35 million per year for EGUs and $3.8 million per year for non-
EGUs. For EGUs, compliance costs are negative in 2026. While seemingly
counterintuitive, estimating negative compliance costs in a single year
is possible given IPM's objective function is to minimize the
discounted net present value (NPV) of a stream of annual total cost of
generation over a multi-decadal time period. As such the model may
undertake a compliance pathway that pushes higher costs later into the
forecast period, since future costs are discounted more heavily than
near term costs. This can result in a policy scenario showing single
year costs that are lower than the Baseline, but over the entire
forecast horizon, the policy scenario shows higher costs.\422\ For a
detailed description of these cost trends, please see Chapter 4,
section 4.5.2, of the RIA. For a detailed description of the methods
and results from the memorandum titled Summary of Final Rule
Applicability Criteria and Emissions Limits for Non-EGU Emissions
Units, Assumed Control Technologies for Meeting the Final Emissions
Limits, and Estimated Emissions Units, Emissions Reductions, and Costs,
see Chapter 4, sections 4.4 and 4.5.4 of the RIA.
---------------------------------------------------------------------------

    \422\ As a sensitivity, the EPA re-calculated costs assuming
annual costs cannot be negative. This resulted in annualized 2023-42
costs under the final rule increasing from $448.6 million to $449.5
million (less than 1%) and did not change the conclusions of the
RIA. See Section 4.5.2 of the RIA for more information.

                    Table VIII-3--Total Estimated Compliance Costs (Million 2016$), 2023-2042
----------------------------------------------------------------------------------------------------------------
                                                                               Less-stringent    More-stringent
                                                                Final rule       alternative       alternative
----------------------------------------------------------------------------------------------------------------
2023:
    EGUs...................................................               57                56                49
    Non-EGUs...............................................  ...............  ................  ................
----------------------------------------------------------------------------------------------------------------
    Total..................................................               57                56                49
2024:
    EGUs...................................................              (5)              (35)               840
    Non-EGUs...............................................  ...............  ................  ................
----------------------------------------------------------------------------------------------------------------
    Total..................................................              (5)              (35)               840
2025:
    EGUs...................................................              (5)              (35)               840
    Non-EGUs...............................................  ...............  ................  ................
----------------------------------------------------------------------------------------------------------------
    Total..................................................              (5)              (35)               840
2026:

    EGUs...................................................              (5)              (35)               840
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................              570               110             2,100
2027:
    EGUs...................................................               24              (47)               760
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................              600                97             2,000
2028:
    EGUs...................................................               24              (47)               760
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................              600                97             2,000
2029:
    EGUs...................................................               24              (47)               760
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................              600                97             2,000
2030:
    EGUs...................................................              710               770               840
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,300               920             2,100
2031:
    EGUs...................................................              710               770               840
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,300               920             2,100
2032:
    EGUs...................................................              820               850               590
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               990             1,900
2033:
    EGUs...................................................              820               850               590
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               990             1,900
2034:
    EGUs...................................................              820               850               590
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               990             1,900
2035:
    EGUs...................................................              820               850               590
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               990             1,900
2036:
    EGUs...................................................              820               850               590
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               990             1,900
2037:
    EGUs...................................................              820               850               590
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               990             1,900
2038:
    EGUs...................................................              820               830               600
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               970             1,900
2039:
    EGUs...................................................              820               830               600
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               970             1,900
2040:
    EGUs...................................................              820               830               600

    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               970             1,900
2041:
    EGUs...................................................              820               830               600
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               970             1,900
2042:
    EGUs...................................................              820               830               600
    Non-EGUs...............................................              570               140             1,300
----------------------------------------------------------------------------------------------------------------
    Total..................................................            1,400               970             1,900
----------------------------------------------------------------------------------------------------------------

    Tables VIII-4 and VIII-5 report the estimated economic value of
avoided premature deaths and illness in each year relative to the
baseline along with the 95 percent confidence interval. In each of
these tables, for each discount rate and regulatory control
alternative, two benefits estimates are presented reflecting
alternative ozone and PM2.5 mortality risk estimates. For
additional information on these benefits, see Chapter 5 of the RIA.

 Table VIII-4--Estimated Discounted Economic Value of Avoided Ozone-Related Premature Mortality and Illness for
                       the Final Rule and the Less and More Stringent Alternatives in 2023
                           [95 Percent confidence interval; millions of 2016$] \a\ \b\
----------------------------------------------------------------------------------------------------------------
                                                                            Less stringent      More stringent
      Disc rate                 Pollutant                Final rule          alternative          alternative
----------------------------------------------------------------------------------------------------------------
3%..................  Ozone Benefits..............  $100 [$27 to $220]   $100 [$27 to $220]   $110 [$28 to $230]
                                                     \c\ and $820 [$91    \c\ and $810 [$91    \c\ and $840 [$94
                                                     to $2,100] \d\.      to $2,100] \d\.      to $2,200] \d\.
7%..................  Ozone Benefits..............  $93 [$17 to 210]     $93 [$17 to $210]    $96 [$18 to $210]
                                                     \c\ and $730 [$75    \c\ and $730 [$75    \c\ and $750 [$77
                                                     to $1,900] \d\.      to $1,900] \d\.      to $2,000] \d\.
----------------------------------------------------------------------------------------------------------------
\a\ Values rounded to two significant figures. The two benefits estimates are separated by the word ``and'' to
  signify that they are two separate estimates. The estimates do not represent lower- and upper-bound estimates
  and should not be summed.
\b\ We estimated ozone benefits for changes in NOX for the ozone season. This table does not include benefits
  from reductions for non-EGUs because reductions from these sources are not expected prior to 2026 when the
  final standards would apply to these sources.
\c\ Using the pooled short-term ozone exposure mortality risk estimate.
\d\ Using the long-term ozone exposure mortality risk estimate.

  Table VIII-5--Estimated Discounted Economic Value of Avoided Ozone and PM2.5-Related Premature Mortality and
                 Illness for the Final Rule and the Less and More Stringent Alternatives in 2026
                              [95% Confidence interval; millions of 2016$] \a\ \b\
----------------------------------------------------------------------------------------------------------------
                                                                            Less stringent      More stringent
      Disc rate                 Pollutant                Final rule          alternative          alternative
----------------------------------------------------------------------------------------------------------------
3%..................  Ozone Benefits..............  $1,100 [$280 to      $420 [$110 to $900]  $1,900 [470 to
                                                     $2,400] \c\ and      \c\ and $3,400       $4,000] \c\ and
                                                     $9,400 [$1,000 to    [$380 to $8,900]     $15,000 [$1,700
                                                     $25,000] \ d\.       \d\.                 to $40,000] \d\.
                      PM Benefits.................  $2,000 [$220 to      $530 [$57 to         $6,400 [$690 to
                                                     $5,300] and $4,400   $1,400] and $1,100   $17,000] and
                                                     [$430 to $12,000].   [$110 to $3,100].    $14,000 [$1,300
                                                                                to $37,000]
                      Ozone plus PM Benefits......  $3,200 [$500 to      $950 [$160 to        $8,300 [$1,200 to
                                                     $7,700] \c\ and      $2,300] \c\ and      $21,000] \c\ and
                                                     $14,000 [$1,500 to   $4,600 [$490 to      $29,000 [$3,000
                                                     $36,000] \d\.        $12,000] \d\.        to $77,000] \d\.
7%..................  Ozone Benefits..............  $1,000 [$180 to      $380 [$68 to $850]   $1,700 [$300 to
                                                     $2,300] \c\ and      \c\ and $3,100       $3,800] \c\ and
                                                     $8,400 [$850 to      [$310 to $8,100]     $14,000 [$1,400
                                                     $22,000] \d\.        \d\.                 to $36,000] \ d\.
                      PM Benefits.................  $1,800 [$190 to      470 [$50 to $1,200]  $5,800 [$600 to
                                                     $4,700] and $3,900   and $1,000 [$100     $15,000] and
                                                     [$380 to $11,000].   to $2,800].          $12,000 [$1,200
                                                                                to $33,000].
                      Ozone plus PM Benefits......  $2,800 [$370 to      $850 [$120 to        $7,500 [$910 to
                                                     $7,000] \c\ and      $2,100] \c\ and      $19,000] \c\ and
                                                     $12,000 [$1,200 to   $4,100 [$410 to      $26,000 [$2,600
                                                     $33,000] \d\.        $11,000] \d\.        to $69,000] \d\.
----------------------------------------------------------------------------------------------------------------
\a\ Values rounded to two significant figures. The two benefits estimates are separated by the word ``and'' to
  signify that they are two separate estimates. The estimates do not represent lower- and upper-bound estimates
  and should not be summed.
\b\ We estimated changes in NOX for the ozone season and annual changes in PM2.5 and PM2.5 precursors in 2026.
\c\ Sum of ozone mortality estimated using the pooled short-term ozone exposure risk estimate and the Di et al.
  (2017) long-term PM2.5 exposure mortality risk estimate.
\d\ Sum of the Turner et al. (2016) long-term ozone exposure risk estimate and the Di et al. (2017) long-term
  PM2.5 exposure mortality risk estimate.

    In Tables VIII-6, VIII-7, and VIII-8, the EPA presents a summary of
the monetized health and climate benefits, costs, and net benefits of
the rule and the more and less stringent alternatives for 2023, 2026,
and 2030, respectively. There are important water quality benefits and
health benefits associated with reductions in concentrations of air
pollutants other than ozone and PM2.5 that are not
quantified. Discussion of the non-monetized health, welfare, and water
quality benefits is found in Chapter 5 of the RIA. In this action,
monetized climate benefits are presented for purposes of providing a
complete economic impact analysis under E.O. 12866 and other relevant
Executive orders. The estimates of GHG emissions changes and the
monetized benefits associated with those changes

is not part of the record basis for this action, which is taken to
implement the good neighbor provision, CAA section 110(a)(2)(D)(i)(I),
for the 2015 ozone NAAQS.

     Table VIII-6--Monetized Benefits, Costs, and Net Benefits of the Final Rule and Less and More Stringent
                                       Alternatives for 2023 for the U.S.
                           [3% Discount rate for benefits, millions of 2016$] \a\ \b\
----------------------------------------------------------------------------------------------------------------
                                                                     Less stringent           More stringent
                                              Final rule              alternative              alternative
----------------------------------------------------------------------------------------------------------------
Health Benefits \c\..................  $100 and $820..........  $100 and $810..........  $110 and $840.
Climate Benefits.....................  $5.....................  $4.....................  $5.
Total Benefits.......................  $100 and $820..........  $100 and $820..........  $110 and $840.
Costs \d\............................  $57....................  $56....................  $49.
Net Benefits.........................  $48 and $760...........  $48 and $760...........  $66 and $800.
----------------------------------------------------------------------------------------------------------------
\a\ We focus results to provide a snapshot of costs and benefits in 2023, using the best available information
  to approximate social costs and social benefits recognizing uncertainties and limitations in those estimates.
\b\ Rows may not appear to add correctly due to rounding.
\c\ The health benefits are associated with two point estimates from two different epidemiologic studies. For
  the purposes of presenting the values in this table the health and climate benefits are discounted at 3
  percent.
\d\ The costs presented in this table are 2023 annual estimates for each alternative analyzed. For EGUs, an NPV
  of costs was calculated using a 3.76 percent real discount rate consistent with the rate used in IPM's
  objective function for cost-minimization. For further information on the discount rate use, please see Chapter
  4, Table 4-8 in the RIA.

     Table VIII-7--Monetized Benefits, Costs, and Net Benefits of the Final Rule and Less and More Stringent
                                       Alternatives for 2026 for the U.S.
                           [3% Discount rate for benefits, millions of 2016$] \a\ \b\
----------------------------------------------------------------------------------------------------------------
                                                                     Less stringent           More stringent
                                              Final rule              alternative              alternative
----------------------------------------------------------------------------------------------------------------
Health Benefits \c\..................  $3,200 and $14,000.....  $950 and $4,600........  $8,300 and $29,000.
Climate Benefits.....................  $1,100.................  $420...................  $2,100.
Total Benefits.......................  $4,300 and $15,000.....  $1,400 and $5,000......  $10,000 and $31,000.
Costs \d\............................  $570...................  $110...................  $2,100.
Net Benefits.........................  $3,700 and $14,000.....  $1,300 and $4,900......  $8,300 and $29,000.
----------------------------------------------------------------------------------------------------------------
\a\ We focus results to provide a snapshot of costs and benefits in 2026, using the best available information
  to approximate social costs and social benefits recognizing uncertainties and limitations in those estimates.
\b\ Rows may not appear to add correctly due to rounding.
\c\ The health benefits are associated with two point estimates from two different epidemiologic studies. For
  the purposes of presenting the values in this table the health and climate benefits are discounted at 3
  percent.
\d\ The costs presented in this table are 2026 annual estimates for each alternative analyzed. For EGUs, an NPV
  of costs was calculated using a 3.76 percent real discount rate consistent with the rate used in IPM's
  objective function for cost-minimization. For further information on the discount rate use, please see Chapter
  4, Table 4-8 in the RIA.

     Table VIII-8--Monetized Benefits, Costs, and Net Benefits of the Final Rule and Less and More Stringent
                                       Alternatives for 2030 for the U.S.
                           [3% Discount rate for benefits, millions of 2016$] \a\ \b\
----------------------------------------------------------------------------------------------------------------
                                                                     Less stringent           More stringent
                                              Final rule              alternative              alternative
----------------------------------------------------------------------------------------------------------------
Health Benefits \c\..................  $3,400 and $15,000.....  $1,000 and $4,900......  $9,000 and $31,000.
Climate Benefits.....................  $1,500.................  $1,300.................  $500.
Total Benefits.......................  $4,900 and $16,000.....  $2,300 and $6,200......  $9,500 and $31,000.
Costs \d\............................  $1,300.................  $920...................  $2,100.
Net Benefits.........................  $3,600 and $15,000.....  $1,400 and $5,300......  $7,400 and $29,000.
----------------------------------------------------------------------------------------------------------------
\a\ We focus results to provide a snapshot of costs and benefits in 2030, using the best available information
  to approximate social costs and social benefits recognizing uncertainties and limitations in those estimates.
\b\ Rows may not appear to add correctly due to rounding.
\c\ The health benefits are associated with two point estimates from two different epidemiologic studies. For
  the purposes of presenting the values in this table the health and climate benefits are discounted at 3
  percent.
\d\ The costs presented in this table are 2030 annual estimates for each alternative analyzed. For EGUs, an NPV
  of costs was calculated using a 3.76 percent real discount rate consistent with the rate used in IPM's
  objective function for cost-minimization. For further information on the discount rate use, please see Chapter
  4, Table 4-8 in the RIA.

    In addition, Table VIII-9 presents estimates of the present value
(PV) of the monetized benefits and costs and the equivalent annualized
value (EAV), an estimate of the annualized value of the net benefits
consistent with the present value, over the twenty-year period of 2023
to 2042. The estimates of the PV and EAV are calculated using discount
rates of 3 and 7 percent as recommended by OMB's Circular A-4 and are
presented in 2016 dollars discounted to 2023.

 Table VIII-9--Monetized Estimated Health and Climate Benefits, Compliance Costs, and Net Benefits of the Final
                        Rule and Less and More Stringent Alternatives, 2023 Through 2042
                                      [Millions 2016$, discounted to 2023]
----------------------------------------------------------------------------------------------------------------
                                                      3 Percent discount rate         7 Percent discount rate
                                                 ---------------------------------------------------------------
                                                        PV              EAV             PV              EAV
----------------------------------------------------------------------------------------------------------------
                                                 Health benefits
----------------------------------------------------------------------------------------------------------------
Final Rule......................................        $200,000         $13,000        $130,000         $12,000
Less Stringent Alternative......................          67,000           4,500          40,000           3,800
More Stringent Alternative......................         410,000          28,000         240,000          23,000
----------------------------------------------------------------------------------------------------------------
                                              Climate Benefits \a\
----------------------------------------------------------------------------------------------------------------
Final Rule......................................          15,000             970          15,000             970
Less Stringent Alternative......................          11,000             770          11,000             770
More Stringent Alternative......................          14,000             920          14,000             920
----------------------------------------------------------------------------------------------------------------
                                                Compliance Costs
----------------------------------------------------------------------------------------------------------------
Final Rule......................................          14,000             910           9,400             770
Less Stringent Alternative......................           8,700             590           5,300             500
More Stringent Alternative......................          25,000           1,700          17,000           1,600
----------------------------------------------------------------------------------------------------------------
                                                  Net Benefits
----------------------------------------------------------------------------------------------------------------
Final Rule......................................         200,000          13,000         140,000          12,000
Less Stringent Alternative......................          70,000           4,700          42,000           4,000
More Stringent Alternative......................         400,000          27,000         240,000          22,000
----------------------------------------------------------------------------------------------------------------
\a\ Climate benefits are calculated using four different estimates of the social cost of carbon (SC-CO2) (model
  average at 2.5 percent, 3 percent, and 5 percent discount rates; 95th percentile at 3 percent discount rate).
  For presentational purposes in this table, the climate benefits associated with the average SC-CO2 at a 3-
  percent discount rate are used in the columns displaying results of other costs and benefits that are
  discounted at either a 3-percent or 7-percent discount rate.

    As shown in Table VIII-9, the PV of the monetized health benefits
of this rule, discounted at a 3-percent discount rate, is estimated to
be about $200 billion ($200,000 million), with an EAV of about $13
billion ($13,000 million). At a 7-percent discount rate, the PV of the
monetized health benefits is estimated to be $130 billion ($130,000
million), with an EAV of about $12 billion ($12,000 million). The PV of
the monetized climate benefits of this rule, discounted at a 3-percent
discount rate, is estimated to be about $15 billion ($15,000 million),
with an EAV of about $970 million. The PV of the monetized compliance
costs, discounted at a 3-percent rate, is estimated to be about $14
billion ($14,000 million), with an EAV of about $910 million. At a 7-
percent discount rate, the PV of the compliance costs is estimated to
be about $9.4 billion ($9,400 million), with an EAV of about $770
million.
    In addition to the analysis of costs and benefits as described
above, for the final rule, the EPA was able to conduct a full-scale
photochemical grid modeling run of the effects of the ``final rule''
emissions control scenario in 2026. This modeling can be used to
estimate the impacts on projected 2026 ozone design values that are
expected from the combined EGU and non-EGU control emissions reductions
in this final rule. These results do not replace the AQAT-generated
estimates used for our Step 3 determinations, and the EPA needed to
continue to use AQAT for Step 3 determinations in order to characterize
various potential control scenarios to inform these regulatory
determinations. Nonetheless, though they differ slightly from the AQAT-
generated air quality estimates of the final rule control scenario
conducted for purposes of our Step 3 analysis (as presented in section
V.D of this document), these results using full-scale photochemical
grid modeling complement those estimates and confirm in all cases the
regulatory conclusions reached applying AQAT.\423\ Appendix 3A of the
RIA presents the full results of the projected impacts of the final
rule control scenario on ozone levels using CAMx. To briefly summarize,
the largest reductions in ozone design values at identified receptors
are predicted to occur in the Houston-Galveston-Brazoria, Texas area.
In this area the reductions from the final rule case range from 0.7 to
0.9 ppb. At most of the receptors in both the Dallas/Ft Worth and the
New York/Coastal Connecticut areas the reductions in ozone range from
0.4 to 0.5 ppb. At receptors in Indiana, Michigan, and Wisconsin near
the shoreline of Lake Michigan, ozone is projected to decline by 0.3 to
0.4 ppb, but by as much as 0.5 ppb at the receptor in Muskegon, MI.
Reductions of 0.1 ppb are predicted in the urban and near-urban
receptors in Chicago. In the West, ozone reductions just under 0.2 ppb
are predicted at receptors in Denver with slightly greater reductions,
just above 0.2 ppb, at receptors in Salt Lake City. At receptors in
Phoenix, California, El Paso/Las Cruces, and southeast New Mexico the
reductions in ozone are predicted to be less than 0.1 ppb.
---------------------------------------------------------------------------

    \423\ Note that the EPA's ``overcontrol'' analysis relies
primarily on a ``Step 3'' control scenario rather than the ``full
geography'' scenario. The CAMx modeling described here captures the
effects of the rule as a whole and so is more akin to the ``full
geography'' scenario, which the EPA does not believe is the
appropriate method for conducting overcontrol analysis. Nonetheless,
as explained in the Ozone Transport Policy Analysis Final Rule TSD,
the results under either scenario establish no overcontrol, and the
CAMx results presented here do not call those conclusions into
question.
---------------------------------------------------------------------------

IX. Summary of Changes to the Regulatory Text for the Federal
Implementation Plans and Trading Programs for EGUs

    This section describes the amendments to the regulatory text that
implement the findings and remedy discussed elsewhere in this rule with
respect to EGUs. The primary CFR

amendments are revisions to the FIP provisions addressing states' good
neighbor obligations related to ozone in 40 CFR part 52 as well as the
revisions to the regulations for the CSAPR NOX Ozone Season
Group 3 Trading Program in 40 CFR part 97, subpart GGGGG. In
conjunction with the amendments to the Group 3 trading program, the
monitoring, recordkeeping, and reporting regulations in 40 CFR part 75
are being amended to reflect the addition of certain new reporting
requirements associated with the amended trading program and the
administrative appeal provisions in 40 CFR part 78 are being amended to
identify certain additional types of appealable decisions of the EPA
Administrator under the amended trading program. The provisions to
address the transition of the EGUs in certain states from the Group 2
trading program to the Group 3 trading program are implemented in part
through revisions to the regulations noted previously and in part
through revisions to the regulations for the Group 2 trading program in
40 CFR part 97, subpart EEEEE.
    In addition to these primary amendments, certain revisions are
being made to the regulations for the other CSAPR trading programs in
40 CFR part 97, subparts AAAAA through EEEEE, for conformity with the
amended provisions of the Group 3 trading program, as discussed in
section VI.B.13. Documents have been included in the docket for this
rule showing all of the revisions in redline-strikeout format.

A. Amendments to FIP Provisions in 40 CFR Part 52

    The CSAPR, CSAPR Update, and Revised CSAPR Update FIP requirements
related to ozone season NOX emissions are set forth in 40
CFR 52.38(b) as well as other sections of part 52 specific to each
covered state. The existing text of Sec.  52.38(b)(1) identifies the
trading program regulations in 40 CFR part 97, subparts BBBBB, EEEEE,
and GGGGG, as constituting the relevant FIP provisions relating to
seasonal NOX emissions and transported ozone pollution.
Because in this rulemaking the EPA is establishing new or amended FIP
requirements not only for the types of EGUs covered by the trading
programs but also for certain types of industrial sources, an amendment
to Sec.  52.38(b)(1) clarifies that the trading programs constitute the
FIP provisions only for the sources meeting the applicability
requirements of the trading programs. A parallel clarification is being
added to Sec. Sec.  52.38(a)(1) and 52.39(a) with respect to the CSAPR
FIP requirements relating to annual NOX emissions,
SO2 emissions, and transported fine particulate pollution.
    The states whose EGU sources are required to participate in the
CSAPR NOX Ozone Season Group 1, Group 2, and Group 3 trading
programs under the FIPs established in CSAPR, the CSAPR Update, and the
Revised CSAPR Update, as well as the control periods for which those
requirements apply, are identified in Sec.  52.38(b)(2). The amendments
to this paragraph expand the applicability of the Group 3 trading
program to sources in the ten additional states that the EPA is adding
to the Group 3 trading program starting with the 2023 control period
and end the applicability of the Group 2 trading program (with the
exception of certain provisions) for sources in seven of the ten states
after the 2022 control period, as discussed in section VI.B.2.\424\ The
paragraphs within Sec.  52.38(b)(2) are being renumbered to clarify the
organization of the provisions and to facilitate cross-references from
other regulatory provisions. Regarding the two states currently
participating in the Group 2 trading program through approved SIP
revisions that replaced the previous FIPs issued under the CSAPR Update
(Alabama and Missouri), a provision indicating that the EPA will no
longer administer the state trading programs adopted under those SIP
revisions after the 2022 control period is being added at Sec.
52.38(b)(16)(ii)(B).
---------------------------------------------------------------------------

    \424\ Like the previous text of Sec.  52.38(b)(2), the final
amended text expressly encompasses sources in Indian country within
the respective states' borders.
---------------------------------------------------------------------------

    In the Revised CSAPR Update, the EPA established several options
for states to revise their SIPs to modify or replace the FIPs
applicable to their sources while continuing to use the Group 3 trading
program as the mechanism for meeting the states' good neighbor
obligations. As in effect before this rule, Sec.  52.38(b)(10), (11),
and (12) established options to replace allowance allocations for the
2022 control period, to adopt an abbreviated SIP revision for control
periods in 2023 or later years, and to adopt a full SIP revision for
control periods in 2023 or later years, respectively.\425\ As discussed
in section VI.D, the EPA is retaining these SIP revision options and is
making them available for all states covered by the Group 3 trading
program after the geographic expansion. The option under Sec.
52.38(b)(10) to replace allowance allocations for a single control
period is being amended to be available for the 2024 control period,
with attendant revisions to the years and dates shown in Sec.
52.38(b)(10) (multiple paragraphs) and (b)(17)(i) as well as the Group
3 trading program regulations, as discussed in section IX.B. The
options under Sec.  52.38(b)(11) and (12) to adopt abbreviated or full
SIP revisions are being amended to be available starting with the 2025
control period, with attendant revisions to Sec.  52.38(b)(11)(iii),
(b)(12)(iii), and (b)(17)(ii).\426\ The removal of the previous options
for states to expand applicability of the trading programs for ozone
season NOX emissions to certain non-EGUs and smaller EGUs,
discussed in sections VI.D.2 and VI.D.3, is accomplished by the removal
or revision of multiple paragraphs of Sec.  52.38(b), including most
notably the removal of Sec.  52.38(b)(4)(i), (b)(5)(i), (b)(8)(i)-(ii),
(b)(9)(i)-(ii), (b)(11)(i)-(iii), and (b)(12)(i)-(iii).
---------------------------------------------------------------------------

    \425\ Revisions to the deadlines for states with approved SIP
revisions to submit their state-determined allowance allocations to
the EPA for subsequent recordation were finalized in an earlier
final rule in this docket. See 87 FR 52473 (August 26, 2022).
    \426\ No state currently in the Group 3 trading program has
submitted a SIP revision to make use of these options in control
periods before the control periods in which the options can be used
under the amended provisions.
---------------------------------------------------------------------------

    The changes with respect to set-asides and the treatment of units
in Indian country discussed in section VI.B.9, although implemented
largely through amendments to the Group 3 trading program regulations,
are also implemented in part through amendments to Sec.  52.38(b)(11)
and (12). First, the text in Sec.  52.38(b)(11)(iii)(A) and
(b)(12)(iii)(A) identifying the portion of each state trading budget
for which a state may establish state-determined allowance allocations
is being revised to exclude any allowances in a new unit set-aside or
Indian country existing unit set-aside. Second, the text in Sec.
52.38(b)(12)(vi) identifying provisions that states may not adopt into
their SIPs (because the provisions concern regulation of sources in
Indian country not subject to a state's CAA implementation planning
authority) are being revised to include the provisions of the amended
Group 3 trading program addressing allocation and recordation of
allowances from all types of set-asides. Finally, the text in Sec.
52.38(b)(12)(vii) authorizing the EPA to modify the previous approval
of a SIP revision with regard to the assurance provisions ``if and when
a covered unit is located in Indian country'' are being revised to
account for the fact that at least one covered unit is already located
in Indian country not subject to a state's CAA planning authority.
    The transitional provisions discussed in sections VI.B.12.b and
VI.B.12.c to

convert certain 2017-2022 Group 2 allowances to Group 3 allowances and
to recall certain 2023-2024 Group 2 allowances, although promulgated as
amendments to the Group 2 trading program regulations, will necessarily
be implemented after the end of the 2022 control period. Amendments
clarifying that these provisions continue to apply to the relevant
sources and holders of allowances notwithstanding the transition of
certain states out of the Group 2 trading program after the 2022
control period are being added at Sec.  52.38(b)(14)(iii). Cross-
references clarifying that the EPA's allocations of the converted Group
3 allowances are not subject to modification through SIP revisions are
also being added to the existing provisions at Sec.
52.38(b)(11)(iii)(D) and (b)(12)(iii)(D).
    The general FIP provisions applicable to all states covered by this
rule as set forth in Sec.  52.38(b)(2) are being replicated in the
state-specific subparts of 40 CFR part 52 for each of the ten states
that the EPA is adding to the Group 3 trading program.\427\ In each
such state-specific CFR subpart, provisions are being added indicating
that sources in the state are required to participate in the CSAPR
NOX Ozone Season Group 3 Trading Program with respect to
emissions starting in 2023. Provisions are also being added repeating
the substance of Sec.  52.38(b)(13)(i), which generally provides that
the Administrator's full and unconditional approval of a full SIP
revision correcting the same SIP deficiency that is the basis for a FIP
promulgated in this rulemaking would cause the FIP to no longer apply
to sources subject to the state's CAA implementation planning
authority, and Sec.  52.38(b)(14)(ii), which generally provides the EPA
with authority to complete recordation of EPA-determined allowance
allocations for any control period for which EPA has already started
such recordation notwithstanding the approval of a state's SIP revision
establishing state-determined allowance allocations.
---------------------------------------------------------------------------

    \427\ See Sec. Sec.  52.54(b) (Alabama), 52.184(a) (Arkansas),
52.1240(d) (Minnesota), 52.1824(a) (Mississippi), 52.1326(b)
(Missouri), 52.1492 (Nevada), 52.1930(a) (Oklahoma), 52.2283(d)
(Texas), 52.2356 (Utah), and 52.2587(e) (Wisconsin).
---------------------------------------------------------------------------

    For each of the seven states that the EPA is removing from the
Group 2 trading program, the provisions of the state-specific CFR
subparts indicating that sources in the state are required to
participate in that trading program are being revised to end that
requirement with respect to emissions after 2022, and a further
provision is being added repeating the substance of Sec.
52.38(b)(14)(iii), which identifies certain provisions that continue to
apply to sources and allowances notwithstanding discontinuation of a
trading program with respect to a particular state.\428\ In addition,
for the five states that during their time in the Group 2 trading
program have not exercised the option to adopt full SIP revisions to
replace the FIPs issued under the CSAPR Update (all but Alabama and
Missouri), obsolete provisions concerning the unexercised SIP revision
option are being removed.
---------------------------------------------------------------------------

    \428\ See Sec. Sec.  52.54(b) (Alabama), 52.184(a) (Arkansas),
52.1824(a) (Mississippi), 52.1326(b) (Missouri), 52.1930(a)
(Oklahoma), 52.2283(d) (Texas), and 52.2587(e) (Wisconsin).
---------------------------------------------------------------------------

    No amendments with respect to FIP requirements for EGUs are being
made to the state-specific CFR subparts for the twelve states whose
sources currently participate in the Group 3 trading program \429\
except as needed to update cross-references or to implement the changes
related to the treatment of Indian country, as discussed in section
IX.D.
---------------------------------------------------------------------------

    \429\ See Sec. Sec.  52.731(b) (Illinois), 52.789(b) (Indiana),
52.940(b) (Kentucky), 52.984(d) (Louisiana), 52.1084(b) (Maryland),
52.1186(e) (Michigan), 52.1584(e) (New Jersey), 52.1684(b) (New
York), 52.1882(b) (Ohio), 52.2040(b) (Pennsylvania), 52.2440(b)
(Virginia), and 52.2540(b) (West Virginia).
---------------------------------------------------------------------------

B. Amendments to Group 3 Trading Program and Related Regulations

    To implement the geographic expansion of the Group 3 trading
program and the revised trading budgets that are being established
under the new and amended FIPs in this rulemaking, several sections of
the Group 3 trading program regulations are being amended. Revisions
identifying the applicable control periods, deadlines for certification
of monitoring systems, and deadlines for commencement of quarterly
reporting for sources not previously covered by the Group 3 trading
program are being made at Sec. Sec.  97.1006(c)(3)(i), 97.1030(b)(1),
and 97.1034(d)(2)(i), respectively. Revisions identifying the new or
revised budgets and new unit set-asides for the control periods after
2022 for all covered states are being made at Sec.  97.1010(a)(1) and
(c)(2), respectively.
    Each of the enhancements to the Group 3 trading program discussed
in section VI.B is also implemented primarily through revisions to the
trading program regulations. The dynamic budget-setting process
discussed in sections VI.B.1.b.i and VI.B.4 is implemented at Sec.
97.1010(a)(2) through (4), and the associated revised process for
determining variability limits and assurance levels discussed in
section VI.B.5 is implemented at Sec.  97.1010(e). The Group 3
allowance bank recalibration process discussed in sections VI.B.1.b.ii
and VI.B.6 is implemented at Sec.  97.1026(d). The backstop daily
NOX emissions rate component of the primary emissions
limitation discussed in sections VI.B.1.c.i and VI.B.7 is implemented
at Sec. Sec.  97.1006(c)(1)(i) and 97.1024(b)(1) and (3), accompanied
by the addition of a definition of ``backstop daily NOX
emissions rate'' and modification of the definition of ``CSAPR
NOX Ozone Season Group 3 allowance'' in Sec. Sec.  97.1002
and 97.1006(c)(6). The secondary emissions limitation for sources found
responsible for exceedances of the assurance levels discussed in
sections VI.B.1.c.ii and VI.B.8 is implemented at Sec. Sec.
97.1006(c)(1)(iii) and (iv) and (c)(3)(ii) and 97.1025(c), accompanied
by the addition of a definition of ``CSAPR NOX Ozone Season
Group 3 secondary emissions limitation'' in Sec.  97.1002.
    The changes relating to set-asides, the treatment of Indian
country, and unit-level allowance allocations discussed in section
VI.B.9 of this document are implemented through revisions to multiple
paragraphs of Sec. Sec.  97.1010, 97.1011, and 97.1012, as well as
limited revisions to Sec. Sec.  97.1002 (definition of ``allocate or
allocation'') and 97.1006(b)(2). In Sec.  97.1010, paragraphs (b), (c),
and (d) address the amounts for each control period of the Indian
country existing unit set-asides, new unit set-asides, and Indian
country new unit set-asides, respectively.\430\ Paragraphs (b) and (d)
reflect the establishment of Indian country existing unit set-asides
starting with the 2023 control period and the discontinuation of Indian
country new unit set-asides after the 2022 control period.
---------------------------------------------------------------------------

    \430\ The former Sec.  97.1011(c), which addresses the
relationships of set-asides and variability limits to state trading
budgets, is being relocated to Sec.  97.1011(f).
---------------------------------------------------------------------------

    A newly added definition at Sec.  97.1002 for ``coal-derived fuel''
(based on the existing definition in 40 CFR 72.2) helps in
implementation of both the backstop daily NOX emissions rate
provisions and the unit-level allocation provisions by clarifying that
the provisions apply without regard to how any coal combusted by a unit
might have been processed before combustion. Another newly added
definition at Sec.  97.1002 for ``historical control period'' helps in
implementation of the dynamic budget-setting provisions, the secondary
emissions limitation provisions, and the

unit-level allocation provisions by facilitating references to data
reported by a unit for periods before the unit's entry into the Group 3
trading program.
    The revisions to Sec.  97.1011 refocus the section exclusively on
allocation to ``existing'' units from the portion of each state
emissions budget not reserved in a new unit set-aside or Indian country
new unit set-aside. In Sec.  97.1011(a), the provision formerly in
Sec.  97.1011(a)(1) requiring allocations to existing units to be made
in the amounts provided in NODAs issued by the EPA is being split into
two separate provisions, with paragraph (a)(1) applying to existing
units in the state and areas of Indian country covered by the state's
CAA implementation planning authority and paragraph (a)(2) applying to
existing units in areas of Indian country not covered by the state's
CAA implementation planning authority.\431\ This split will facilitate
the submission and approval of SIP revisions by states interested in
submitting state-determined allowance allocations for the units over
which they exercise CAA implementation authority, while leaving
allocations to any units outside their authority to be addressed either
by the EPA or by the relevant tribe under an approved tribal
implementation plan. The process for determining default allocations to
existing units of allowances from state trading budgets starting with
the 2026 control period is set forth in revised Sec.  97.1011(b), while
the former provisions of Sec.  97.1011(b), which concern timing and
notice procedures for allocations to new units, are being relocated to
Sec.  97.1012. The provisions addressing incorrectly allocated
allowances at Sec.  97.1011(c) are being streamlined by relocating the
portions applicable to new units to Sec.  97.1012(c). In addition, as
discussed in section VI.B.9.d, Sec.  97.1011(c)(5) is being revised to
provide that, starting with the 2024 control period, any incorrectly
allocated allowances recovered after May 1 of the year following the
control period will not be reallocated to other units in the state but
instead would be transferred to a surrender account.
---------------------------------------------------------------------------

    \431\ An additional provision currently in Sec.  97.1011(a)(1),
which clarifies that an allocation or lack of allocation to a unit
in a NODA does not constitute a determination by the EPA that the
unit is or is not a CSAPR NOX Ozone Season Group 3 unit,
is being relocated to Sec.  97.1011(a)(3). The former Sec.
97.1011(a)(2), which provides for certain existing units that cease
operations to receive allocations for their first five control
periods of non-operation and provides for the allowances for
subsequent control periods to be allocated to the relevant state's
new unit set-asides, is inconsistent with the proposed revisions to
the set-asides and the default allowance allocation process, as
discussed in section VI.B.9, and is being removed as obsolete.
---------------------------------------------------------------------------

    The revisions to Sec.  97.1012 retain the section's current focus
on allocations to ``new'' units, generally combining the former
provisions at Sec.  97.1012 with the former provisions at Sec.
97.1011(b) and (c) that address new units. The text of multiple
paragraphs in both Sec.  97.1012(a) and (b) is being revised as needed
to reflect the change in treatment of Indian country discussed in
section VI.B.9.a, under which the new unit set-asides will be used to
provide allowance allocations to new units both in non-Indian country
and Indian country within the borders of the respective states for
control periods starting in 2023.\432\ The timing and notice provisions
in Sec.  97.1012(a)(13) and (b)(13) are relocated from former Sec.
97.1011(b)(1) and (2). The text of Sec.  97.1012(c), addressing
incorrect allocations to new units, is largely relocated from Sec.
97.1011(c) (which addresses incorrect allocations to existing units)
and reflects a parallel revision addressing the disposition of
recovered allowances, as discussed in section VI.B.9.d.
---------------------------------------------------------------------------

    \432\ Revisions are also being made to the text of Sec.
97.1012(a) and (b) for the control periods in 2021 and 2022
consistent with the revisions to the parallel provisions in the
regulations for the other CSAPR trading programs, generally calling
for allocations to units in areas of Indian country subject to a
state's CAA implementation planning authority to be made from the
new unit set-asides instead of from the Indian country new unit set-
asides.
---------------------------------------------------------------------------

    The amendments to Sec.  97.1021 implement two distinct sets of
changes discussed in sections VI.B.9 and VI.D.1. First, revisions to
Sec.  97.1021(b) through (e) replace the previous schedule for
recording Group 3 allowances for the 2023 and 2024 control periods
established in the August 2022 Recordation Rule with an updated
recordation schedule tailored to the effective date of this rule. The
updated schedule also eliminates the unused former option for states to
provide state-determined allowance allocations for the 2022 control
period and establishes a substantively equivalent new option for states
to provide state-determined allowance allocations for the 2024 control
period. Second, revisions to Sec.  97.1021(g) through (j) begin
recordation for Indian country existing unit set-asides starting with
allocations for the 2023 control period, modify the text to eliminate
references to state-determined allocations of allowances from new unit
set-asides, and end recordation for Indian country new unit set-asides
after allocations for the 2022 control period.
    Implementation of the revisions to the Group 3 trading program is
also accomplished in part through amendments to regulations in other
CFR parts. In 40 CFR part 75, which contains detailed monitoring,
recordkeeping, and reporting requirements applicable to sources covered
by the Group 3 trading program, the additional recordkeeping and
reporting requirements discussed in section VI.B.10 of this document
are implemented through the addition of Sec. Sec.  75.72(f) and
75.73(f)(1)(ix) and (x) and revisions to Sec.  75.75, and the
procedures for calculating daily total heat input and daily total
NOX emissions and the procedures for apportioning
NOX mass emissions monitored at a common stack among the
individual units using the common stack are being added at sections
5.3.3, 8.4(c), and 8.5.3 of appendix F to part 75. In 40 CFR part 78,
which contains the administrative appeal procedures applicable to
decisions of the EPA Administrator under the Group 3 trading program,
Sec.  78.1(b)(19) is being amended to add calculation of the dynamic
budgets to the list of administrative decisions under the trading
program regulations that will be appealable under those procedures.

C. Transitional Provisions

    As discussed in section VI.B.12, the EPA is establishing several
transitional provisions for sources entering the Group 3 trading
program. The provisions discussed in section VI.B.12.a of this
document, concerning the prorating of state emissions budgets,
assurance levels, and unit-level allocations for the 2023 control
period, are implemented through the Group 3 trading program
regulations. Specifically, the state emissions budgets for the 2023
control period will be prorated according to procedures set out at
Sec.  97.1010(a)(1)(ii). Variability limits for the 2023 control
period, and the resulting assurance levels, will be computed under
Sec.  97.1010(e) from the prorated state emissions budgets. Unit-level
allocations to existing units for the 2023 control period will be
computed from the prorated state emissions budgets according to
procedures substantively the same as the procedures codified in Sec.
97.1011(b) for calculating default allocations to existing units for
later control periods, as discussed in section VI.B.9.b, and will be
announced in the notice of data availability issued under Sec.
97.1011(a)(1) and (2) for the 2023 through 2025 control periods.
    The remaining transitional provisions are being implemented through
the Group 2 trading program regulations.

The creation of an additional Group 3 allowance bank for the 2023
control period through the conversion of banked 2017-2022 Group 2
allowances as discussed in section VI.B.12.b of this document is
implemented at Sec.  97.826(e).\433\ Related provisions addressing the
use of Group 3 allowances to satisfy after-arising compliance
obligations under the Group 2 trading program or the Group 1 trading
program are implemented at Sec. Sec.  97.826(f)(2) and 97.526(e)(3),
respectively, and related provisions addressing recordation of late-
arising allocations of Group 1 allowances are implemented at Sec.
97.526(d)(2)(iii). The recall of Group 2 allowances previously issued
for the 2023 and 2024 control periods as discussed in section VI.B.12.c
of this document is implemented at Sec.  97.811(e).
---------------------------------------------------------------------------

    \433\ The provision formerly at Sec.  97.826(e)(1) is being
relocated to Sec.  97.826(f)(1), and the provision formerly at Sec.
97.826(e)(2) is being removed as no longer necessary.
---------------------------------------------------------------------------

    Decisions of the Administrator related to the allowance bank
creation provisions and the allowance recall provisions are identified
as appealable decisions under 40 CFR part 78 through revisions to Sec.
78.1(b)(17)(viii) and (ix).

D. Clarifications and Conforming Revisions

    As discussed in section VI.B.13 of this document, the EPA is
revising the provisions regarding allowance allocations for units in
Indian country in all the CSAPR trading programs so that instead of
distinguishing among units based on whether they are or are not located
in Indian country, the revised provisions distinguish among units based
on whether they are or are not covered by a state's CAA implementation
planning authority. The revisions are implemented in multiple
paragraphs of Sec. Sec.  97.411(b), 97.412, 97.511(b), 97.512,
97.611(b), 97.612, 97.711(b), 97.712, 97.811(b), and 97.812. The
associated revisions to states' options regarding SIP revisions to
establish state-determined allowance allocations for units covered by
their CAA implementation planning authority are implemented in multiple
paragraphs of Sec. Sec.  52.38(a) and (b) and 52.39 as well as the
state-specific subparts of 40 CFR part 52.
    Certain other revisions to the regulatory text in the FIP and
trading program regulations are minor simplifications and
clarifications. First, in the Group 2 trading program regulations, the
paragraphs in Sec.  97.810 setting forth the amounts of state emissions
budgets, new unit set-asides, Indian country new unit set-asides, and
variability limits for states that the EPA is transitioning out of the
Group 2 trading program are being modified to indicate that the amounts
are applicable under that program only for control periods through
2022.
    Second, as noted in sections VI.D.2 and VI.D.3, the existing
options for states subject to the NOX SIP Call to expand
applicability of the Group 2 trading program to include certain non-
EGUs and smaller EGUs are being eliminated. While the most directly
affected provisions are the provisions setting forth the SIP options at
Sec.  52.38(b)(4), (5), (8), (9), (12), and (13), as discussed in
section IX.A of this document, the changes also render references to
``base'' units and ``base'' sources in the regulations for the Group 2
trading program and the Group 3 trading program obsolete. Removal of
the references to ``base'' units and ``base'' sources affects multiple
paragraphs of Sec. Sec.  97.802, 97.806, 97.825, 97.1002, 97.1006, and
97.1025.
    Third, to clarify the regulatory text, the EPA is removing the
language in the Group 3 trading program regulations that formerly
appeared at Sec. Sec.  97.1002 (definition of ``common designated
representative's assurance level''), 97.1006(c)(2)(iii), 97.1010(d),
and 97.1011(a)(1) referencing supplemental amounts of allowances issued
for the 2021 control period and associated increments to the 2021
assurance levels (each state's assurance level increment was described
as 21 percent of the state's supplemental amount of allowances). In
place of the removed language, the EPA is restating the amounts of the
2021 state emissions budgets in Sec.  97.1010(a)(1)(i) so as to include
the supplemental amounts of allowances and is restating the amounts of
the 2021 variability limits in Sec.  97.1010(e)(1) so as to include the
associated assurance level increments. The revised language is
substantively equivalent to and simpler than the previous language.
    Fourth, in 40 CFR part 75, the EPA is removing obsolete text in
Sec.  75.73(c) and (f) to clarify the context for other text being
added to the section, as discussed in section IX.B of this document.
    Fifth, in 40 CFR part 52, the EPA is adding Sec. Sec.
52.38(a)(7)(iii) and 52.39(k)(3) to clarify in Sec. Sec.  52.38 and
52.39 that the Allowance Management System housekeeping provisions
added by the Revised CSAPR Update at Sec. Sec.  97.426(c), 97.626(c),
and 97.726(c) in the regulations for the CSAPR NOX Annual,
SO2 Group 1, and SO2 Group 2 trading programs,
respectively, continue to apply after the sources in a given state have
been removed from the programs, consistent with the text of the latter
provisions.
    Finally, the EPA is updating cross-references throughout 40 CFR
parts 52 and 97 for consistency with the other amendments being made in
this rulemaking.

X. Statutory and Executive Orders Reviews

    Additional information about these statutes and Executive orders
(``E.O.'') can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is a significant regulatory action within the scope of
section 3(f)(1) of Executive Order 12866 that was submitted to the
Office of Management and Budget (OMB) for review. Any changes made in
response to Executive Order 12866 review have been documented in the
docket. The EPA prepared an analysis of the potential costs and
benefits associated with this action. This analysis, which is contained
in the ``Regulatory Impact Analysis for Final Federal Good Neighbor
Plan Addressing Regional Ozone Transport for the 2015 Ozone National
Ambient Air Quality Standard'' [EPA-452-R-23-001], is available in the
docket and is briefly summarized in section VIII of this document.

B. Paperwork Reduction Act (PRA)

1. Information Collection Request for Electric Generating Units
    The information collection activities in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR number 2709.01. The EPA has
placed a copy of the ICR in the docket for this rule, and it is briefly
summarized here.
    The EPA is finalizing an information collection request (ICR),
related specifically to electric generating units (EGU), for the
Federal ``Good Neighbor Plan'' for the 2015 Ozone National Ambient Air
Quality Standards. The rule would amend the Cross-State Air Pollution
Rule (CSAPR) NOX Ozone Season Group 3 trading program
addressing seasonal NOX emissions in various states. Under
the amendments, all EGU sources in the original twelve Group 3 states
(Illinois, Indiana,

Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio,
Pennsylvania, Virginia, and West Virginia) would remain. Additionally,
EGU sources in seven states (Alabama, Arkansas, Mississippi, Missouri,
Oklahoma, Texas, and Wisconsin) currently covered by the CSAPR
NOX Ozone Season Group 2 Trading Program would transition
from the Group 2 program to the revised Group 3 trading program
beginning with the 2023 ozone season. Further, sources in three states
not currently covered by any CSAPR NOX ozone season trading
program would join the revised Group 3 trading program: Minnesota,
Nevada, and Utah. In total, EGU sources in 22 states would now be
covered by the Group 3 program.
    There is an existing ICR (OMB Control Number 2060-0667), that
includes information collection requirements placed on EGU sources for
the six Cross-State Air Pollution Rule (CSAPR) trading programs
addressing sulfur dioxide (SO2) emissions, annual nitrogen
oxides (NOX) emissions, or seasonal NOX emissions
in various sets of states, and the Texas SO2 trading program
which is modeled after CSAPR. This ICR accounts for the additional
respondent burden related to the amendments to the CSAPR NOX
Ozone Group 3 trading program.
    The principal information collection requirements under the CSAPR
and Texas trading programs relate to the monitoring and reporting of
emissions and associated data in accordance with 40 CFR part 75. Other
information collection requirements under the programs concern the
submittal of information necessary to allocate and transfer emissions
allowances and the submittal of certificates of representation and
other typically one-time registration forms.
    Affected sources under the CSAPR and Texas trading programs are
generally stationary, fossil fuel-fired boilers and combustion turbines
serving generators larger than 25 megawatts (MW) producing electricity
for sale. Most of these affected sources are also subject to the Acid
Rain Program (ARP). The information collection requirements under the
CSAPR and Texas trading programs and the ARP substantially overlap and
are fully integrated. The burden and costs of overlapping requirements
are accounted for in the ARP ICR (OMB Control Number 2060-0258). Thus,
this ICR accounts for information collection burden and costs under the
CSAPR NOX Ozone Season Group 3 trading program that are
incremental to the burden and costs already accounted for in both the
ARP and CSAPR ICRs.
    For most sources already reporting data under the CSAPR
NOX Ozone Season Group 3 or the CSAPR NOX Ozone
Group 2 trading programs, the reporting requirements will remain
identical so there will be no incremental burden or cost. Certain
sources currently reporting data will be subject to additional
emissions reporting requirements under the rule requiring these sources
to make a one-time monitoring plan and DAHS update. These sources
include those with a common stack configuration and/or those that are
large, coal-fired EGUs. Additionally, sources with a common stack
configuration have the option to install additional monitoring
equipment to measure emissions at each individual unit within the
facility, and for purposes of estimating information collection costs
and burden, the EPA assumes certain sources will utilize this option.
Finally, the assessment of incremental cost and burden are required for
those sources in the three states not currently reporting data under a
CSAPR NOX Ozone Season program. Sources in Minnesota are
already reporting data for the CSAPR NOX Annual program with
almost identical information collection requirements, requiring only a
one-time monitoring plan and DAHS update. Most of the affected sources
in Nevada and Utah are already reporting data as part of the Acid Rain
Program, thus only requiring a monitoring plan and DAHS update as well.
There are a small number of sources in Nevada and Utah that do not
report emissions data to the EPA under 40 CFR part 75 and will need to
implement a Part 75 monitoring methodology which includes burdens
related to installation, certification, and necessary updates.
    Respondents/affected entities: Industry respondents are stationary,
fossil fuel-fired boilers and combustion turbines serving electricity
generators subject to the CSAPR and Texas trading programs, as well as
non-source entities voluntarily participating in allowance trading
activities. Potential state respondents are states that can elect to
submit state-determined allowance allocations for sources located in
their states.
    Respondent's obligation to respond: Industry respondents: voluntary
and mandatory (sections 110(a) and 301(a) of the Clean Air Act).
    Estimated number of respondents: The EPA estimates that there would
be 120 industry respondents.
    Frequency of response: on occasion, quarterly, and annually.
    Total estimated additional burden: 2,289 hours (per year). Burden
is defined at 5 CFR 1320.03(b).
    Total estimated additional cost: $356,623 (per year); includes
$182,379 annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.
2. Information Collection Request for Non-Electric Generating Units
    The information collection activities in this final rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR number 2705.02. The EPA has
filed a copy of the non-EGU ICR in the docket for this rule, and it is
briefly summarized here.
    ICR No. 2705.02 is a new request and it addresses the burden
associated with new regulatory requirements under the final rule.
Owners and operators of certain non-Electric Generating Unit (non-EGU)
industry stationary sources will potentially modify or install new
emissions controls and associated monitoring systems to meet the
nitrogen oxides (NOX) emissions limits of this final rule.
The burden in this ICR reflects the new monitoring, calibrating,
recordkeeping, reporting and testing activities required of covered
industrial sources. This information is being collected to assure
compliance with the final rule. In accordance with the Clean Air Act
Amendments of 1990, any monitoring information to be submitted by
sources is a matter of public record. Information received and
identified by owners or operators as confidential business information
(CBI) and approved as CBI by the EPA, in accordance with 40 CFR chapter
I, part 2, subpart B, shall be maintained appropriately (see 40 CFR
part 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999,
September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March
23, 1979).
    Respondents/affected entities: The respondents/affected entities
are the owners/operators of certain non-EGU

industry sources in the following industry sectors: furnaces in Glass
and Glass Product Manufacturing; boilers and furnaces in Iron and Steel
Mills and Ferroalloy Manufacturing; kilns in Cement and Cement Product
Manufacturing; reciprocating internal combustion engines in Pipeline
Transportation of Natural Gas; and boilers in Metal Ore Mining, Basic
Chemical Manufacturing, Petroleum and Coal Products Manufacturing, and
Pulp, Paper, and Paperboard Mills; and combustors and incinerators in
Solid Waste Combustors and Incinerators.
    Respondent's obligation to respond: Voluntary and mandatory.
(Sections 110(a) and 301(a) of the Clean Air Act.) All data that is
recorded or reported by respondents is required by the final rule,
titled ``Federal ``Good Neighbor Plan'' for the 2015 Ozone National
Ambient Air Quality Standards.''
    Estimated number of respondents: 3,328.
    Frequency of response: The specific frequency for each information
collection activity within the non-EGU ICR is shown at the end of the
ICR document in Tables 1 through 18. In general, the frequency varies
across the monitoring, recordkeeping, and reporting activities. Some
recordkeeping such as work plan preparation is a one-time activity
whereas pipeline engine maintenance recordkeeping is conducted
quarterly. Reporting frequency is on an annual basis.
    Total estimated burden: 11,481 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $3,823,000 (average per year); includes
$2,400,000 annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are small
businesses, which includes EGUs and non-EGUs and are described in more
detail below. In 2026, the EPA identified a total of 29 small entities
affected by the rule. Of these, 2 small entities may experience costs
of greater than 1 percent of revenues. In 2026 for EGUs, the EPA
identified 19 small entities. The EPA's decision to exclude units
smaller than 25 MW capacity from the final rule, and exclusion of
uncontrolled units smaller than 100 MW from backstop emissions rates
significantly reduced the burden on small entities by reducing the
number of affected small entity-owned units. Further, in 2026 for non-
EGUs, there are ten small entities, and two small entities are
estimated to have a cost-to-sales impact between 1.7 and 2.4 percent of
their revenues.
    The Agency has not determined that a significant number of small
entities potentially affected by the rule will have compliance costs
greater than 1 percent of annual revenues during the compliance period.
The EPA has concluded that there will be no significant economic impact
on a substantial number of small entities (No SISNOSE) for this rule
overall. Details of this analysis are presented in Chapter 6 of the
RIA, which is in the public docket.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no unfunded Federal mandate for State, local,
or Tribal governments as described in UMRA, 2 U.S.C. 1531-1538, and
does not significantly or uniquely affect small governments. This
action imposes no enforceable duty on any State, local, or Tribal
government. This action contains a Federal mandate under UMRA, 2 U.S.C.
1531-1538, that may result in expenditures of $100 million or more in
any one year for the private sector. Accordingly, the costs and
benefits associated with this action are discussed in section VIII of
this preamble and in the RIA, which is in the docket for this rule.
Additional details are presented in the RIA. This action is not subject
to the requirements of UMRA section 203 because it contains no
regulatory requirements that might significantly or uniquely affect
small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This final action has tribal implications. However, it would
neither impose substantial direct compliance costs on federally
recognized tribal governments, nor preempt tribal law.
    The EPA is finalizing a finding that interstate transport of ozone
precursor emissions from 23 upwind states (Alabama, Arkansas,
California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan,
Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, Ohio,
Oklahoma, Pennsylvania, Texas, Utah, Virginia, West Virginia, and
Wisconsin) is significantly contributing to downwind nonattainment or
interfering with maintenance of the 2015 ozone NAAQS in other states.
The EPA is promulgating FIP requirements to eliminate interstate
transport of ozone precursors from these 23 states. Under CAA section
301(d)(4), the EPA is extending FIP requirements to apply in Indian
country located within the upwind geography of the final rule,
including Indian reservation lands and other areas of Indian country
over which the EPA or a tribe has demonstrated that a tribe has
jurisdiction. The EPA's determinations in this regard are described
further in section III.C.2 of this document, Application of Rule in
Indian Country and Necessary or Appropriate Finding. The EPA finds that
all covered existing and new EGU and non-EGU sources that are located
in the ``301(d) FIP'' areas within the geographic boundaries of the
covered states, and which would be subject to this rule if located
within areas subject to state CAA planning authority, should be
included in this rule. To the EPA's knowledge, only one covered
existing EGU or non-EGU source is located within the 301(d) FIP areas:
the Bonanza Power Plant, an EGU source, located on the Uintah and Ouray
Reservation, geographically located within the borders of Utah. This
final action has tribal implication because of the extension of FIP
requirements into Indian country and because, in general, tribes have a
vested interest in how this final rule would affect air quality.
    The EPA hosted an environmental justice webinar on October 26,
2021, that was attended by state regulatory authorities, environmental
groups, federally recognized tribes, and small business stakeholders.
The EPA issued tribal consultation letters addressed to 574 tribes in
February 2022 after the proposed rule was signed. The EPA received no
further requests to facilitate

additional tribal consultation for the final rule.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it implements a previously promulgated
health-based Federal standard. This action's health and risk
assessments are contained in Chapter 5 and 6 of the RIA. The EPA
believes that the ozone-related benefits, PM2.5-related
benefits, and CO2- related benefits from this final rule
will further improve children's health. Additionally, the ozone and
PM2.5 EJ exposure analyses in Chapter 7 of the RIA suggests
that nationally, children (ages 0-17) will experience at least as great
a reduction in ozone and PM2.5 exposures as adults (ages 18-
64) in 2023 and 2026 under all regulatory alternatives of this
rulemaking.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The EPA has prepared a Statement of
Energy Effects for the final regulatory control alternative as follows.
The Agency estimates a 1 percent change in retail electricity prices on
average across the contiguous U.S. in the 2025 run year, a 4 percent
reduction (28 GWh) in coal-fired electricity generation, a 2 percent
increase (21 GWh) in natural gas-fired electricity generation, and a 1
percent increase (8 GWh) in renewable electricity generation as a
result of this final rule. The EPA projects that utility power sector
delivered natural gas prices will change by less than 1 percent in
2025. Details of the estimated energy effects are presented in Chapter
4 of the RIA, which is in the public docket.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or indigenous
peoples) and low-income populations.
    The EPA believes that the human health or environmental conditions
that exist prior to this action result in or have the potential to
result in disproportionate and adverse human health or environmental
effects on people of color, low-income populations and/or Indigenous
peoples. The documentation for this decision is contained in section
VII of this document, Environmental Justice Analytical Considerations
and Stakeholder Outreach and Engagement, and in Chapter 7,
Environmental Justice Impacts of the RIA, which is in the public
document. Briefly, proximity demographic analyses found larger
percentages of Hispanics, African Americans, people below the poverty
level, people with less educational attainment, and people
linguistically isolated are living within 5 km and 10 km of an affected
EGU, compared to national averages. It also finds larger percentages of
African Americans, people below the poverty level, and with less
educational attainment living within 5 km and 10 km of an affected non-
EGU facility. Considering the known limitations of proximity analyses,
including the inability to assess policy-specific impacts, we also
performed analysis of baseline EJ ozone and PM2.5 exposures.
Baseline ozone and PM2.5 exposure analyses show that certain
populations, such as Hispanics, Asians, those linguistically isolated,
those less educated, and children may experience disproportionately
higher ozone and PM2.5 exposures as compared to the national
average. American Indians may also experience disproportionately higher
ozone concentrations than the reference group.
    The EPA believes that this action is not likely to change existing
disproportionate and adverse effects on people of color, low-income
populations and/or Indigenous peoples. Specifically, we do not find
evidence that potential EJ concerns related to ozone or
PM2.5 exposures will be meaningfully exacerbated or
mitigated in the regulatory alternatives under consideration as
compared to the baseline. We infer that baseline disparities in the
ozone and PM2.5 concentration burdens are likely to persist
after implementation of the regulatory action or alternatives under
consideration, due to similar modeled concentration reductions across
population demographics. Importantly, the action described in this rule
is expected to lower ozone and PM2.5 in many areas,
including in ozone nonattainment areas, and thus mitigate some pre-
existing health risks across all populations evaluated.
    The EPA additionally identified and addressed environmental justice
concerns by providing the public, including those communities
disproportionately impacted by the burdens of pollution, opportunities
for meaningful engagement with the EPA on this action through outreach
activities conducted by the Agency. The information supporting this
Executive order review is contained in section VII of this document.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. Because this action falls within the definition
provided by 5 U.S.C. 804(2), the rule's effective date is consistent
with 5 U.S.C. 801(a)(3).

L. Determinations Under CAA Section 307(b)(1) and (d)

    Section 307(b)(1) of the CAA governs judicial review of final
actions by the EPA. This section provides, in part, that petitions for
review must be filed in the D.C. Circuit: (i) when the agency action
consists of ``nationally applicable regulations promulgated, or final
actions taken, by the Administrator,'' or (ii) when such action is
locally or regionally applicable, but ``such action is based on a
determination of nationwide scope or effect and if in taking such
action the Administrator finds and publishes that such action is based
on such a determination.'' For locally or regionally applicable final
actions, the CAA reserves to the EPA complete discretion whether to
invoke the exception in (ii).\434\
---------------------------------------------------------------------------

    \434\ In deciding whether to invoke the exception by making and
publishing a finding that an action is based on a determination of
nationwide scope or effect, the Administrator takes into account a
number of policy considerations, including his judgment balancing
the benefit of obtaining the D.C. Circuit's authoritative
centralized review versus allowing development of the issue in other
contexts and the best use of agency resources.

---------------------------------------------------------------------------

    This rulemaking is ``nationally applicable'' within the meaning of
CAA section 307(b)(1). In this final action, the EPA is applying a
uniform legal interpretation and common, nationwide analytical methods
with respect to the requirements of CAA section 110(a)(2)(D)(i)(I)
concerning interstate transport of pollution (i.e., ``good neighbor''
requirements) to promulgate FIPs that satisfy these requirements for
the 2015 ozone NAAQS. Based on these analyses, the EPA is promulgating
FIPs for 23 states located across a wide geographic area in eight of
the ten EPA regions and ten Federal judicial circuits. Given that this
action addresses implementation of the good neighbor requirements of
CAA section 110(a)(2)(D)(i)(I) in a large number of states located
across the country, and given the interdependent nature of interstate
pollution transport and the common core of knowledge and analysis
involved in promulgating these FIPs, this is a ``nationally
applicable'' action within the meaning of CAA section 307(b)(1).
    In the alternative, to the extent a court finds this action to be
locally or regionally applicable, the Administrator is exercising the
complete discretion afforded to him under the CAA to make and publish a
finding that this action is based on a determination of ``nationwide
scope or effect'' within the meaning of CAA section 307(b)(1). In this
final action, the EPA is interpreting and applying section
110(a)(2)(d)(i)(I) of the CAA for the 2015 ozone NAAQS based on a
common core of nationwide policy judgments and technical analysis
concerning the interstate transport of pollutants throughout the
continental U.S. In particular, the EPA is applying here the same,
nationally consistent 4-step framework for assessing good neighbor
obligations for the 2015 ozone NAAQS that it has applied in other
nationally applicable rulemakings, such as CSAPR, the CSAPR Update, and
the Revised CSAPR Update. The EPA is relying on the results from
nationwide photochemical grid modeling using a 2016 base year and 2023
projection year as the primary basis for its assessment of air quality
conditions and pollution contribution levels at Step 1 and Step 2 of
that 4-step framework and applying a nationally uniform approach to the
identification of nonattainment and maintenance receptors across the
entire geographic area covered by this final rule.\435\
---------------------------------------------------------------------------

    \435\ In the report on the 1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted that the Administrator's
determination that the ``nationwide scope or effect'' exception
applies would be appropriate for any action that has a scope or
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
---------------------------------------------------------------------------

    The Administrator finds that this is a matter on which national
uniformity in judicial resolution of any petitions for review is
desirable, to take advantage of the D.C. Circuit's administrative law
expertise, and to facilitate the orderly development of the basic law
under the Act. The Administrator also finds that consolidated review of
this action in the D.C. Circuit will avoid piecemeal litigation in the
regional circuits, further judicial economy, and eliminate the risk of
inconsistent results for different states, and that a nationally
consistent approach to the CAA's mandate concerning interstate
transport of ozone pollution constitutes the best use of agency
resources. The EPA's responses to comments on the appropriate venue for
petitions for review are contained in section 1.10 of the RTC document.
    For these reasons, this final action is nationally applicable or,
alternatively, the Administrator is exercising the complete discretion
afforded to him by the CAA and finds that this final action is based on
a determination of nationwide scope or effect for purposes of CAA
section 307(b)(1) and is publishing that finding in the Federal
Register. Under 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 District of Columbia Circuit by August 4, 2023.
    This action is subject to the provisions of section 307(d). CAA
section 307(d)(1)(B) provides that section 307(d) applies to, among
other things, ``the promulgation or revision of an implementation plan
by the Administrator under [CAA section 110(c)].'' 42 U.S.C.
7407(d)(1)(B). This action, among other things, promulgates new Federal
implementation plans pursuant to the authority of section 110(c). To
the extent any portion of this final action is not expressly identified
under section 307(d)(1)(B), the Administrator determines that the
provisions of section 307(d) apply to such final action. See CAA
section 307(d)(1)(V) (the provisions of section 307(d) apply to ``such
other actions as the Administrator may determine'').

List of Subjects

40 CFR Part 52

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

40 CFR Part 75

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continuous emissions monitoring, Electric power
plants, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide.

40 CFR Part 78

    Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Nitrogen oxides, Ozone,
Particulate matter, Sulfur dioxide.

40 CFR Part 97

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

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, parts 52, 75, 78, and 97 of
title 40 of the Code of Federal Regulations are 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 A--General Provisions

0
2. Amend Sec.  52.38 by:
0
a. In paragraph (a)(1), removing ``(NOX), except'' and
adding in its place ``(NOX) for sources meeting the
applicability criteria set forth in subpart AAAAA, except'';
0
b. In paragraph (a)(3) introductory text:
0
i. Removing ``(a)(2)(i) or (ii)'' and adding in its place ``(a)(2)'';
and
0
ii. Removing ``the State and'' and adding in its place ``sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority for'';
0
c. In paragraph (a)(3)(i), removing ``State and'' and adding in its
place

``State and areas of Indian country within the borders of the State
subject to the State's SIP authority and that'';
0
d. In paragraph (a)(4) introductory text, removing ``for the State's
sources, and'' and adding in its place ``with regard to sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority, and'';
0
e. Revising table 1 to paragraph (a)(4)(i)(B);
0
f. In paragraph (a)(4)(ii), removing ``deadlines for submission of
allocations or auction results under paragraphs (a)(4)(i)(B) and (C)''
and adding in its place ``deadline for submission of allocations or
auction results under paragraph (a)(4)(i)(B)'';
0
g. In paragraph (a)(5) introductory text, removing ``State (but not
sources in any Indian country within the borders of the State),
regulations'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, regulations'';
0
h. Revising table 2 to paragraph (a)(5)(i)(B);
0
i. In paragraph (a)(5)(iv), removing ``Indian country within the
borders of the State'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority'';
0
j. In paragraph (a)(5)(v), removing ``Indian country within the borders
of the State, the'' and adding in its place ``areas of Indian country
within the borders of the State not subject to the State's SIP
authority, the'';
0
k. In paragraph (a)(5)(vi), removing ``deadlines for submission of
allocations or auction results under paragraphs (a)(5)(i)(B) and (C)''
and adding in its place ``deadline for submission of allocations or
auction results under paragraph (a)(5)(i)(B)'';
0
l. Revising paragraphs (a)(6) and (a)(7)(ii);
0
m. Adding paragraph (a)(7)(iii);
0
n. In paragraphs (a)(8)(i) and (ii), removing ``the State and'' and
adding in its place ``sources in the State and areas of Indian country
within the borders of the State subject to the State's SIP authority
for'';
0
o. In paragraph (a)(8)(iii), removing ``State (but not sources in any
Indian country within the borders of the State):'' and adding in its
place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority:'';
0
p. In paragraph (b)(1), removing ``year), except'' and adding in its
place ``year) for sources meeting the applicability criteria set forth
in subparts BBBBB, EEEEE, and GGGGG, except'';
0
q. Redesignating paragraphs (b)(2)(i) and (ii) as paragraphs
(b)(2)(i)(A) and (B), respectively, paragraphs (b)(2)(iii) and (iv) as
paragraphs (b)(2)(ii)(A) and (B), respectively, and paragraph (b)(2)(v)
as paragraph (b)(2)(iii)(A);
0
r. In newly redesignated paragraph (b)(2)(ii)(A), removing ``Alabama,
Arkansas, Iowa, Kansas, Mississippi, Missouri, Oklahoma, Tennessee,
Texas, and Wisconsin.'' and adding in its place ``Iowa, Kansas, and
Tennessee.'';
0
s. Adding paragraphs (b)(2)(ii)(C) and (b)(2)(iii)(B) and (C);
0
t. In paragraph (b)(3) introductory text:
0
i. Removing ``or (ii)''; and
0
ii. Removing ``the State and'' and adding in its place ``sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority for'';
0
u. In paragraph (b)(3)(i), removing ``State and'' and adding in its
place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority and that'';
0
v. Revising paragraph (b)(4) introductory text;
0
w. Removing and reserving paragraph (b)(4)(i);
0
x. Revising table 3 to paragraph (b)(4)(ii)(B) and paragraphs
(b)(4)(iii) and (b)(5) introductory text;
0
y. Removing and reserving paragraph (b)(5)(i);
0
z. Revising table 4 to paragraph (b)(5)(ii)(B);
0
aa. In paragraph (b)(5)(v), removing ``Indian country within the
borders of the State'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority'';
0
bb. In paragraph (b)(5)(vi), removing ``Indian country within the
borders of the State, the'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority, the'';
0
cc. Revising paragraphs (b)(5)(vii), (b)(7) introductory text,
(b)(7)(i), and (b)(8) introductory text;
0
dd. Removing and reserving paragraphs (b)(8)(i) and (ii);
0
ee. Revising paragraph (b)(8)(iii)(A), table 5 to paragraph
(b)(8)(iii)(B), and paragraphs (b)(8)(iv) and (b)(9) introductory text;
0
ff. Removing and reserving paragraphs (b)(9)(i) and (ii);
0
gg. Revising paragraph (b)(9)(iii)(A) and table 6 to paragraph
(b)(9)(iii)(B);
0
hh. In paragraph (b)(9)(vi), removing ``Indian country within the
borders of the State'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority'';
0
ii. Revising paragraphs (b)(9)(vii) and (viii), (b)(10) introductory
text, (b)(10)(i) and (ii), (b)(10)(v)(A) and (B), and (b)(11)
introductory text;
0
jj. Removing and reserving paragraphs (b)(11)(i) and (ii);
0
kk. In paragraph (b)(11)(iii) introductory text, removing ``Sec. Sec.
97.1011(a) and (b)(1) and 97.1012(a)'' and adding in its place ``Sec.
97.1011(a)(1)'';
0
ll. Revising paragraph (b)(11)(iii)(A);
    mm. In paragraph (b)(11)(iii)(B):
0
i. Removing ``Sec.  97.1011(a)'' and adding in its place ``Sec.
97.1011(a)(1)''; and
0
ii. Adding ``and'' after the semicolon;
0
nn. Removing and reserving paragraph (b)(11)(iii)(C);
0
oo. Revising paragraphs (b)(11)(iii)(D), (b)(11)(iv), and (b)(12)
introductory text;
0
pp. Removing and reserving paragraphs (b)(12)(i) and (ii);
0
qq. In paragraph (b)(12)(iii) introductory text, removing ``Sec. Sec.
97.1011(a) and (b)(1) and 97.1012(a)'' and adding in its place ``Sec.
97.1011(a)(1)'';
0
rr. Revising paragraph (b)(12)(iii)(A);
0
ss. In paragraph (b)(12)(iii)(B):
0
i. Removing ``Sec.  97.1011(a)'' and adding in its place ``Sec.
97.1011(a)(1)''; and
0
ii. Adding ``and'' after the semicolon;
0
tt. Removing and reserving paragraph (b)(12)(iii)(C);
0
uu. Revising paragraphs (b)(12)(iii)(D), (b)(12)(vi) through (viii),
(b)(13) introductory text, and (b)(13)(i);
0
vv. In paragraph (b)(13)(ii), removing ``regulations, including any
sources made subject to such regulations pursuant to paragraph
(b)(9)(ii) or (b)(12)(ii) of this section, the'' and adding in its
place ``regulations the'';
0
ww. In paragraph (b)(14)(i)(F), removing ``Sec.  97.825(b)'' and adding
in its place ``Sec. Sec.  97.806(c)(2) and (3) and 97.825(b)'';
0
xx. In paragraph (b)(14)(i)(G), removing ``Sec.  97.826(e)'' and adding
in its place ``Sec.  97.826(f)'';
0
yy. Revising paragraphs (b)(14)(ii) and (iii);
0
zz. In paragraph (b)(15)(i), removing ``the State and'' and adding in
its place ``sources in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority for'';
0
aaa. Revising paragraph (b)(15)(ii);
0
bbb. In paragraph (b)(15)(iii), removing ``State (but not sources in
any Indian country within the borders of the State):'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority:'';

0
ccc. In paragraph (b)(16)(i)(A), removing ``the State and'' and adding
in its place ``sources in the State and areas of Indian country within
the borders of the State subject to the State's SIP authority for'';
0
ddd. Revising paragraphs (b)(16)(i)(B) and (C);
0
eee. Redesignating paragraph (b)(16)(ii) as paragraph (b)(16)(ii)(A),
and, in newly redesignated paragraph (b)(16)(ii)(A), removing
``(b)(2)(iv)'' and adding in its place ``(b)(2)(ii)(B)'';
0
fff. Adding paragraph (b)(16)(ii)(B); and
0
ggg. Revising paragraphs (b)(17)(i) through (iii).
    The revisions and additions read as follows:

Sec.  52.38  What are the requirements of the Federal Implementation
Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to
emissions of nitrogen oxides?

    (a) * * *
    (4) * * *
    (i) * * *
    (B) * * *

                    Table 1 to Paragraph (a)(4)(i)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR NOX Annual allowances are       allocations or auction results
         allocated or auctioned                to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (5) * * *
    (i) * * *
    (B) * * *

                    Table 2 to Paragraph (a)(5)(i)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR NOX Annual allowances are       allocations or auction results
         allocated or auctioned                to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (6) Withdrawal of CSAPR FIP provisions relating to NOX annual
emissions. Except as provided in paragraph (a)(7) of this section,
following promulgation of an approval by the Administrator of a State's
SIP revision as correcting the SIP's deficiency that is the basis for
the CSAPR Federal Implementation Plan set forth in paragraphs (a)(1),
(a)(2)(i), and (a)(3) and (4) of this section for sources in the State
and Indian country within the borders of the State subject to the
State's SIP authority, the provisions of paragraph (a)(2)(i) of this
section will no longer apply to sources in the State and areas of
Indian country within the borders of the State subject to the State's
SIP authority, unless the Administrator's approval of the SIP revision
is partial or conditional, and will continue to apply to sources in
areas of Indian country within the borders of the State not subject to
the State's SIP authority, provided that if the CSAPR Federal
Implementation Plan was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision.
    (7) * * *
    (ii) Notwithstanding the provisions of paragraph (a)(6) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR NOX Annual allowances under subpart
AAAAA of part 97 of this chapter to units in the State and areas of
Indian country within the borders of the State subject to the State's
SIP authority for a control period in any year, the provisions of
subpart AAAAA authorizing the Administrator to complete the allocation
and recordation of such allowances to such units for each such control
period shall continue to apply, unless provided otherwise by such
approval of the State's SIP revision.
    (iii) Notwithstanding any discontinuation pursuant to paragraph
(a)(2)(ii) or (a)(6) of this section of the applicability of subpart
AAAAA of part 97 of this chapter to the sources in a State and areas of
Indian country within the borders of the State subject to the State's
SIP authority with regard to emissions occurring in any control period,
the following provisions shall continue to apply with regard to all
CSAPR NOX Annual allowances at any time allocated for any
control period to any source or other entity in the State and areas of
Indian country within the borders of the State subject to the State's
SIP authority and shall apply to all entities, wherever located, that
at any time held or hold such allowances:
    (A) The provisions of Sec.  97.426(c) of this chapter (concerning
the transfer of CSAPR NOX Annual allowances between certain
Allowance Management System accounts under common control).
    (B) [Reserved]
* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *

    (C) The provisions of subpart EEEEE of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2017 through 2022 only, except as provided in paragraph
(b)(14)(iii) of this section: Alabama, Arkansas, Mississippi, Missouri,
Oklahoma, Texas, and Wisconsin.
    (iii) * * *
    (B) The provisions of subpart GGGGG of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2023 and each subsequent year: Alabama, Arkansas,
Mississippi, Missouri, Oklahoma, Texas, and Wisconsin.
    (C) The provisions of subpart GGGGG of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring on and after August 4, 2023, and in each subsequent year:
Minnesota, Nevada, and Utah.
* * * * *
    (4) Abbreviated SIP revisions replacing certain provisions of the
Federal CSAPR NOX Ozone Season Group 1 Trading Program. A State listed
in paragraph (b)(2)(i)(A) of this section may adopt and include in a
SIP revision, and the Administrator will approve, regulations replacing
specified provisions of subpart BBBBB of part 97 of this chapter with
regard to sources in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority, and not
substantively replacing any other provisions, as follows:
* * * * *
    (ii) * * *
    (B) * * *

                   Table 3 to Paragraph (b)(4)(ii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX Ozone Season Group 1       allocations or auction results
 allowances are allocated or auctioned         to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (iii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(4)(ii) of this section by
December 1 of the year before the year of the deadline for submission
of allocations or auction results under paragraph (b)(4)(ii)(B) of this
section applicable to the first control period for which the State
wants to make allocations or hold an auction under paragraph (b)(4)(ii)
of this section.
    (5) Full SIP revisions adopting State CSAPR NOX Ozone Season Group
1 Trading Programs. A State listed in paragraph (b)(2)(i)(A) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as correcting the deficiency in the SIP that is the basis
for the CSAPR Federal Implementation Plan set forth in paragraphs
(b)(1), (b)(2)(i), and (b)(3) and (4) of this section with regard to
sources in the State and areas of Indian country within the borders of
the State subject to the State's SIP authority, regulations that are
substantively identical to the provisions of the CSAPR NOX
Ozone Season Group 1 Trading Program set forth in Sec. Sec.  97.502
through 97.535 of this chapter, except that the SIP revision:
* * * * *
    (ii) * * *
    (B) * * *

                   Table 4 to Paragraph (b)(5)(ii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX Ozone Season group 1       allocations or auction results
 allowances are allocated or auctioned         to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (vii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (b)(5)(ii) through (v) of this
section by December 1 of the year before the year of the deadline for
submission of allocations or auction results under paragraph
(b)(5)(ii)(B) of this section applicable to the first control period
for which the State wants to make allocations or hold an auction under
paragraph (b)(5)(ii) of this section.
* * * * *
    (7) State-determined allocations of CSAPR NOX Ozone Season Group 2
allowances for 2018. A State listed in paragraph (b)(2)(ii) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as CSAPR NOX Ozone Season Group 2 allowance
allocation provisions replacing the provisions in Sec.  97.811(a) of
this chapter with regard to sources in the State and areas of Indian
country within the borders of the State subject to the State's SIP
authority for the control period in 2018, a list of CSAPR
NOX Ozone Season Group 2 units and the amount of CSAPR
NOX Ozone Season Group 2 allowances allocated to each unit
on such list, provided that the list of units and allocations meets the
following requirements:
    (i) All of the units on the list must be units that are in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority and that commenced commercial
operation before January 1, 2015;
* * * * *

    (8) Abbreviated SIP revisions replacing certain provisions of the
Federal CSAPR NOX Ozone Season Group 2 Trading Program. A State listed
in paragraph (b)(2)(ii) of this section may adopt and include in a SIP
revision, and the Administrator will approve, regulations replacing
specified provisions of subpart EEEEE of part 97 of this chapter with
regard to sources in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority, and not
substantively replacing any other provisions, as follows:
* * * * *
    (iii) * * *
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 2 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.810(a) and 97.821 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 2 trading budget minus the sum of the Indian country new unit
set-aside and the amount of any CSAPR NOX Ozone Season Group
2 allowances already allocated and recorded by the Administrator;
    (B) * * *

                   Table 5 to Paragraph (b)(8)(iii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX Ozone Season Group 2       allocations or auction results
 allowances are allocated or auctioned         to the administrator
------------------------------------------------------------------------
2019 or 2020...........................  June 1, 2018.
2021 or 2022...........................  June 1, 2019.
2023 or 2024...........................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (iv) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(8)(iii) of this section by
December 1 of the year before the year of the deadline for submission
of allocations or auction results under paragraph (b)(8)(iii)(B) of
this section applicable to the first control period for which the State
wants to make allocations or hold an auction under paragraph
(b)(8)(iii) of this section.
    (9) Full SIP revisions adopting State CSAPR NOX Ozone Season Group
2 Trading Programs. A State listed in paragraph (b)(2)(ii) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as correcting the deficiency in the SIP that is the basis
for the CSAPR Federal Implementation Plan set forth in paragraphs
(b)(1), (b)(2)(ii), and (b)(7) and (8) of this section with regard to
sources in the State and areas of Indian country within the borders of
the State subject to the State's SIP authority, regulations that are
substantively identical to the provisions of the CSAPR NOX
Ozone Season Group 2 Trading Program set forth in Sec. Sec.  97.802
through 97.835 of this chapter, except that the SIP revision:
* * * * *
    (iii) * * *
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 2 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.810(a) and 97.821 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 2 trading budget minus the sum of the Indian country new unit
set-aside and the amount of any CSAPR NOX Ozone Season Group
2 allowances already allocated and recorded by the Administrator;
    (B) * * *

                   Table 6 to Paragraph (b)(9)(iii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX Ozone Season Group 2       allocations or auction results
 allowances are allocated or auctioned         to the administrator
------------------------------------------------------------------------
2019 or 2020...........................  June 1, 2018.
2021 or 2022...........................  June 1, 2019.
2023 or 2024...........................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (vii) Provided that, if and when any covered unit is located in
areas of Indian country within the borders of the State not subject to
the State's SIP authority, the Administrator may modify his or her
approval of the SIP revision to exclude the provisions in Sec. Sec.
97.802 (definitions of ``common designated representative'', ``common
designated representative's assurance level'', and ``common designated
representative's share''), 97.806(c)(2), and 97.825 of this chapter and
the portions of other provisions of subpart EEEEE of part 97 of this
chapter referencing Sec. Sec.  97.802, 97.806(c)(2), and 97.825 and may
modify any portion of the CSAPR Federal Implementation Plan that is not
replaced by the SIP revision to include these provisions; and
    (viii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (b)(9)(iii) through (vi) of this
section by December 1 of the year before the year of the deadline for
submission of allocations or auction results under paragraph
(b)(9)(iii)(B) of this section applicable to the first control period
for which the State wants to make allocations or hold an auction under
paragraph (b)(9)(iii) of this section.
    (10) State-determined allocations of CSAPR NOX Ozone Season Group 3
allowances for 2024. A State listed in paragraph (b)(2)(iii) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as CSAPR NOX Ozone Season Group 3 allowance
allocation provisions replacing the provisions in Sec.  97.1011(a)(1)
of this chapter with regard to sources in the State and areas of Indian
country within the borders of the State subject to the State's SIP
authority for the control period in 2024, a list of CSAPR
NOX Ozone Season Group 3 units and the amount of CSAPR
NOX Ozone Season Group 3 allowances

allocated to each unit on such list, provided that the list of units
and allocations meets the following requirements:
    (i) All of the units on the list must be units that are in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority and that commenced commercial
operation before January 1, 2021;
    (ii) The total amount of CSAPR NOX Ozone Season Group 3
allowance allocations on the list must not exceed the amount, under
Sec.  97.1010 of this chapter for the State and the control period in
2024, of the CSAPR NOX Ozone Season Group 3 trading budget
minus the sum of the Indian country existing unit set-aside and the new
unit set-aside;
* * * * *
    (v) * * *
    (A) By August 4, 2023, the State must notify the Administrator
electronically in a format specified by the Administrator of the
State's intent to submit to the Administrator a complete SIP revision
meeting the requirements of paragraphs (b)(10)(i) through (iv) of this
section by September 1, 2023; and
    (B) The State must submit to the Administrator a complete SIP
revision described in paragraph (b)(10)(v)(A) of this section by
September 1, 2023.
    (11) Abbreviated SIP revisions replacing certain provisions of the
Federal CSAPR NOX Ozone Season Group 3 Trading Program. A State listed
in paragraph (b)(2)(iii) of this section may adopt and include in a SIP
revision, and the Administrator will approve, regulations replacing
specified provisions of subpart GGGGG of part 97 of this chapter with
regard to sources in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority, and not
substantively replacing any other provisions, as follows:
* * * * *
    (iii) * * *
    (A) Requires the State or the permitting authority to allocate and,