[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]
[Page 47587]
[DOCID:fr06au10-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-475-000]

Wabash Gas Storage LLC; Notice of Application

July 30, 2010.
    Take notice that on July 29, 2010, Wabash Gas Storage LLC
(Petitioner), 1044 North 115th Street, Suite 400, Omaha, NE 68154-4446,
filed in Docket No. CP10-475-000, a petition for Exemption of Temporary
Acts and Operations from Certificate Requirements, pursuant to Rule
207(a)(5) of the Commission's Rules of Practice and Procedure, and
section 7(c)(1)(B) of the Natural Gas Act (NGA), to perform specific
temporary activity related to drill site preparation and the drilling
of two stratigraphic test wells located in Edgar County, Illinois to
determine the feasibility of redeveloping the currently abandoned
Elbridge and Nevins storage facilities for natural gas storage, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. This filing may also be
viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Douglas B. Lauver, Vice President, Wabash Gas Storage LLC, 1044 North
115th Street, Suite 400, Omaha, NE 68154-4446, or by calling (402) 691-
9711 (telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>or to J.
Patrick Nevins or Christopher A. Schindler, Hogan Lovells US LLP,
Columbia Square, 555 13th Street, NW., Washington, DC 20004, or by
calling<PHONE_NUMBER> (telephone) or<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: August 13, 2010.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-19378 Filed 8-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44292-44297]
[FR Doc No: 2015-18217]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0313; FRL-9931-24-Region 4]

Approval and Promulgation of Implementation Plans for the State
of Alabama: Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the State of Alabama's March 27, 2015, State
Implementation Plan (SIP) revision, submitted by the Alabama Department
of Environmental Management (ADEM). This SIP revision provides
Alabama's state-determined allowance allocations for existing electric
generating units (EGUs) in the State for the 2016 control periods and
replaces the allowance allocations for the 2016 control periods
established by EPA under the Cross-State Air Pollution Rule (CSAPR).
The CSAPR addresses the ``good neighbor'' provision of the Clean Air
Act (CAA or Act) that requires states to reduce the transport of
pollution that significantly affects downwind nonattainment and
maintenance areas. In this direct final action, EPA is approving
Alabama's SIP revision, incorporating the state-determined allocations
for the 2016 control periods into the SIP, and amending the regulatory
text of the CSAPR Federal Implementation Plan (FIP) to reflect this
approval and inclusion of the state-determined allocations. The CSAPR
FIPs for Alabama remain in place until such time as the State decides
to replace the FIPs with a SIP revision to allocate trading program
allowances for control periods 2017 and beyond. EPA is taking direct
final action to approve Alabama's SIP revision because it meets the
requirements of the CAA and the CSAPR requirements to replace EPA's
allowance allocations for the 2016 control periods. This action is
being taken pursuant to the CAA and its implementing regulations.

DATES: This direct final rule is effective September 25, 2015 without
further notice, unless EPA receives adverse comment by August 26, 2015.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0313, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2015-0313,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch
(formerly Air Planning Branch), Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0313. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should not have special characters or any form of encryption, and
be free of any defects or viruses. For additional information about
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Twunjala Bradley can be reached by phone at (404) 562-
9352 or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    EPA is taking direct final action to approve Alabama's March 27,
2015, SIP revision submitted by ADEM that narrowly modifies the
allocations of allowances established by EPA under the CSAPR FIPs for
existing EGUs for the 2016 control periods.\1\ The CSAPR allows a
subject state, instead of EPA, to allocate allowances under the
SO2, NOX annual, and NOX ozone season
trading programs to existing EGUs in the State for the 2016 control
periods provided that the state meets certain regulatory

requirements.\2\ EPA issued the CSAPR on August 8, 2011, to address CAA
section 110(a)(2)(D)(i)(I) requirements concerning the interstate
transport of air pollution and to replace the Clean Air Interstate Rule
\3\ (CAIR), which the United States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) remanded to EPA for replacement.\4\
EPA found that emissions of SO2 and NOX in 28
eastern, midwestern, and southern states contribute significantly to
nonattainment or interfere with maintenance in one or more downwind
states with respect to one or more of three air quality standards--the
annual PM2.5 NAAQS promulgated in 1997 \5\ (15 micrograms
per cubic meter ([micro]g/m\3\), the 24-hour PM2.5 NAAQS
promulgated in 2006 \6\ (35 [micro]g/m\3\), and the 8-hour ozone NAAQS
promulgated in 1997 \7\ (0.08 parts per million). The CSAPR identified
emission reduction responsibilities of upwind states, and also
promulgated enforceable FIPs to achieve the required emission
reductions in each of these states through cost effective and flexible
requirements for power plants.
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    \1\ Federal Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals; August
8, 2011 (76 FR 48208).
    \2\ The CSAPR is implemented in two Phases (I and II) with Phase
I referring to 2015 and 2016 control periods, and Phase II
consisting of 2017 and beyond control periods.
    \3\ Rule To Reduce Interstate Transport of Fine Particulate
Matter and Ozone Clean Air Interstate Rule; Revisions to Acid Rain
Program; Revisions to the NOX SIP Call; May 12, 2005 (70
FR 25162).
    \4\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008),
modified on reh'g by 550 F.3d 1176.
    \5\ National Ambient Air Quality Standards for Particulate
Matter; July 18, 1997 (62 FR 36852).
    \6\ National Ambient Air Quality Standards for Particulate
Matter; October 17, 2006 (71 FR 61144).
    \7\ National Ambient Air Quality Standards for Ozone; July 18,
1997 (62 FR 38856).
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    Alabama is subject to the FIPs that implement the CSAPR and require
certain EGUs to participate in the EPA-administered federal
SO2, NOX annual, and NOX ozone season
cap-and trade programs. Alabama's March 27, 2015, SIP revision
allocates state-determined allowances under the CSAPR to existing EGUs
in the State for the 2016 control periods only, utilizing the same
methodology EPA established to allocate unit-specific allowances under
the CSAPR FIPs, but allowing for modifications to specific aspects of
the allocation methodology to address the State's and source owners/
operators unique implementation situations. Alabama's SIP revision
includes state-determined allocations for the CSAPR NOX
(annual and ozone season) and SO2 trading programs, and
complies with the 2016 allocation SIP requirements set forth at 40 CFR
52.38 and 52.39. Under these regulations, a state may replace EPA's
CSAPR allowance allocations for existing EGUs for the 2016 control
periods provided that the state submits a SIP revision containing those
allocations to EPA no later than April 1, 2015 that meets the
requirements in 40 CFR 52.38 and 52.39.
    Through this action, EPA is approving Alabama's March 27, 2015, SIP
revision, incorporating the allocations into the SIP, and amending the
CSAPR FIP's regulatory text for Alabama at 40 CFR 52.54 and 52.55 to
reflect this approval and inclusion of the state-determined allowance
allocation for the 2016 control periods. EPA is not making any other
changes to the CSAPR FIPs for Alabama in this action. The CSAPR FIPs
for Alabama remain in place until such time the State decides to
replace the FIPs with a SIP revision to allocate trading program
allowances for control periods 2017 and beyond. EPA is taking direct
final action to approve Alabama's March 27, 2015, SIP submission
because it complies with the CAA and the CSAPR. Below is a summary of
the provisions allowing a state to submit SIP revisions to EPA to
modify the 2016 allowance allocations. For more detailed information on
the CSAPR, refer to the August 8, 2011, preamble and other subsequent
related rulemakings referenced throughout this rulemaking.

II. 2016 CSAPR SIPs

    The CSAPR allows states to make 2016 allowance allocations through
submittal of a complete SIP revision that is narrower in scope than an
abbreviated or full SIP submission states use to replace the FIPs and/
or to make allocation decisions for 2017 and beyond. Pursuant to the
CSAPR, a state may adopt and include in a SIP revision for the 2016
control period a list of units and the amount of allowances allocated
to each unit on the list, provided the list of units and allocations
meets specific requirements set forth in 40 CFR 52.38(a)(3) and (b)(3)
and 52.39(d) and (g) for NOX and SO2,
respectively. See 40 CFR 52.38 and 52.39. If these requirements are
met, the Administrator will approve the allowance allocation provisions
replacing the provisions in 40 CFR part 97 for the State. SIP revisions
under this expedited process may only allocate each state budget minus
the new unit set-aside and the Indian country new unit set-aside. For
states subject to multiple trading programs, options are available to
submit 2016 state-determined allocations for one or more of the
applicable trading programs while leaving unchanged the EPA-determined
allocations for 2016 in the remaining applicable trading programs.\8\
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    \8\ States can also submit SIP revisions to replace EPA-
determined, existing unit allocations with state-determined
allocations for control periods after 2016 via a separate process
described at 40 CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and
52.39(e), (f), (h) and (i). See also Preamble of the CSAPR and
Interim Final Rule (76 FR 48208 and 79 FR 71663).
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    In developing this procedure, EPA set deadlines for submitting the
SIP revisions for 2016 allocations and for recordation of the
allocations that balanced the need to record allowances sufficiently
ahead of the control periods with the desire to allow state flexibility
for 2016 control periods. These deadlines allow sufficient time for EPA
to review and approve these SIP revisions, taking into account that EPA
approval must be final and effective before the 2016 allocations can be
recorded and the allowances are available for trading. The CSAPR set an
October 17, 2011 deadline for states to notify EPA of their intent to
submit these SIP revisions modifying allowance allocations for the
second control periods (except with respect to the changes established
in the Supplemental Rule) and replace the provisions of the CSAPR FIPs
(40 CFR part 97) with regard to the State and the control periods in
2016 with a list of EGUs and the amount of allowances allocated to
each. See 40 CFR 52.38 and 52.39.\9\
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    \9\ Alabama informed EPA of their intention in a letter dated
September 16, 2011. For the five states (Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin) covered in the Supplemental Rule in the
case of ozone season NOX, March 6, 2012, was the date by
which notifications of intentions to submit state allocations were
due to the Administrator. See 76 FR 80760, 79 FR 71663 and 40 CFR
52.38(b)(3)(v). Note that the March 6, 2012 deadline for such
notifications was modified by the December 3, 2014 Interim Final
Rule to March 6, 2015. See 79 FR 71671.
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    Twelve states, including Alabama, notified EPA by the deadline of
their intentions to submit their 2013 allocation SIPs to EPA by April
1, 2012, for the second control periods.\10\ However, pursuant to EPA's
December 3, 2014, Interim Final Rule, the deadline to submit these SIPs
was tolled for three years, in effect requiring states, including
Alabama, to submit a 2016 state-determined allocation SIP by April 1,
2015, for the CSAPR 2016 control periods.\11\ Each state may submit a
SIP to allocate state-determined allowances for the 2016 control
periods provided it

meets the following requirements pursuant to 40 CFR 52.38 and 52.39:
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    \10\ The docket for this action contains Alabama's September 16,
2011 letter notifying EPA of its intention to submit a SIP revision.
    \11\ In the case of ozone season NOX, SIP revisions
to address 2016 allocations for the five states covered by the
Supplemental Rule are due by October 1, 2015. See 40 CFR
52.38(b)(3)(v)(B).
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     Notify the EPA Administrator by October 17, 2011, of
intent to submit state allocations for the 2016 control periods
(formerly 2013) in a format specified by the Administrator. See 40 CFR
52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and
52.39(g)(5)(i).
     Submit to EPA the state-determined allocation list SIP
revision modifying allowance allocations for the 2016 control periods
no later than April 1, 2015. See 40 CFR 52.38(a)(3)(v)(B),
52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii).
     Provide a 2016 state-determined allocation list only for
units within the State that commenced commercial operation before
January 1, 2010. See 40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i),
52.39(d)(1), and 52.39(g)(1).
     Ensure the sum of the state-determined allocations are
equal to or are less than the total state budget for 2016 minus the sum
of the new unit set-aside and the Indian country new unit set-aside.
See 40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and
52.39(g)(2).
     Submit the 2016 state-determined allowance allocation list
as a SIP revision electronically to EPA in the format specified by the
Administrator. See 40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii),
52.39(d)(3), and 52.39(g)(3).
     Confirm that the SIP revision does not provide for any
changes to the listed units or allocations after approval of the SIP
revision by EPA and does not provide for any change to any allocation
determined and recorded by the Administrator under subpart AAAAA,
BBBBB, CCCCC, or DDDDD of 40 CFR part 97. See 40 CFR 52.38(a)(3)(iv),
52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4).
    Additionally, these narrow SIP revisions for the 2016 state-
determined allocations are required to comply with SIP completeness
elements set forth in 40 CFR part 51, appendix V (i.e., conduct
adequate public notice of the submission, provide evidence of legal
authority to adopt SIP revisions, and ensure the SIP is submitted to
EPA by the State's Governor or his/her designee). If a qualified state
(i.e., one of the twelve states that met the October 17, 2011,
notification deadline) submits to EPA a 2016 CSAPR SIP by April 1,
2015, meeting all the above-described requirements and EPA approves the
SIP submission by October 1, 2015, EPA will record state-determined
allocations for 2016 by October 1, 2015, into the Allowance Management
System (AMS). Alabama's March 27, 2015, SIP submission addresses the
aforementioned requirements allowing a state to allocate 2016 CSAPR
allowances for the annual and ozone season NOX and Group 2
SO2 trading programs. EPA's analysis of Alabama's SIP
submission is explained below in section III.

III. What is EPA's analysis of Alabama's SIP submission?

    On March 27, 2015, Alabama submitted a SIP revision intended to
replace the CSAPR FIP allocations of Transport Rule (TR) NOX
annual, TR NOX Ozone season, and TR SO2 Group 2
allowances for the 2016 control periods. For approval, this SIP
revision must meet the specific requirements found in 40 CFR
52.38(a)(1) through (3), (b)(1) through (3), and 52.39(a), (c), and (g)
described above. The following is a list of criteria under 40 CFR 52.38
and .39, described in Part II of this document, and the results of
EPA's analysis of Alabama's SIP revision:
    A. A complete SIP revision must be submitted to EPA no later than
April 1, 2015 (40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), and
52.39(g)(5)(ii)).
    EPA has reviewed the March 27, 2015 submittal from Alabama and
found it to be complete. This submittal satisfies the applicable
elements of SIP completeness set forth in appendix V to 40 CFR part 51.
    B. Notification from a State to EPA must be received by October 17,
2011, or March 6, 2015, in the case of ozone season NOX SIP
revisions for states covered by the December 27, 2011 Supplemental Rule
(76 FR 80760), of its intent to submit a complete SIP revision for 2016
existing unit allocations (40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A),
52.39(d)(5)(i), and 52.39(g)(5)(i)).
    On September 16, 2011, Alabama notified EPA via a letter of the
State's intent to submit complete SIP revisions for allocating TR
NOX Annual, TR NOX Ozone season, and TR
SO2 Group 2 allowances to existing units (i.e., units that
commenced commercial operation before January 1, 2010). Although the
letter indicates that that the State intended to submit the SIP
revisions by the April 2, 2012 \12\ deadline addressing the allocation
of TR allowances for the 2013 control periods, these dates have been
tolled by three years in the Interim Final Rule (79 FR 71663, December
3, 2014. See footnote 5.). The September 16, 2011 letter submitted by
Alabama notifying EPA of the State's intent to submit revised CSAPR
SIPs submittal satisfies the requirements of 40 CFR 52.38(a)(3)(A),
52.38(b)(3)(A), and 52.39(g)(5)(i).
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    \12\ The original requirement to submit a complete SIP to EPA
was by April 1, 2012 (as per 40 CFR 52.38(a)(3)(v)(B)). However,
April 1, 2012 was a Sunday, thus, the notification from the State
indicates that the State intended to submit the SIP revisions by
April 2, 2012, rather than April 1, 2012.
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    C. The SIP revision should include a list of TR NOX
Annual, TR NOX Ozone Season, TR SO2 Group 1 or
Group 2 units, whichever is applicable, that are in the State and
commenced commercial operation before January 1, 2010 (40 CFR
52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)).
    As part of Alabama's SIP revision, the State submitted a list of
units to be allocated TR NOX Annual, TR NOX Ozone
Season, and TR SO2 Group 2 allowances for the 2016 control
periods. The list identifies the same units as were identified in the
notice of data availability (NODA) published by EPA on December 3, 2014
(79 FR 71674). Hence, EPA has determined that each unit on the list
submitted by Alabama as part of the SIP revision is located in the
State of Alabama and had commenced commercial operation before January
1, 2010.
    D. The total amount of TR NOX annual, TR NOX
Ozone Season, or TR SO2 Group 1 or Group 2 allowance
allocations, whichever is applicable, must not exceed the amount, under
40 CFR 97.410(a), 97.510(a), 97.610(a), 97.710(a), whichever is
applicable for the State and the control periods in 2016, of TR
NOX Annual, TR NOX Ozone Season, TR
SO2 Group 1 or Group 2 trading budget minus the sum of the
new unit set-aside and Indian country new unit set-aside (40 CFR
52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2)).
    The CSAPR established the budgets and new unit set-asides for
Alabama for the 2016 control periods as 72,691 tons for TR
NOX annual emissions and 1,454 tons for TR NOX
Annual new unit set-aside; 31,746 tons for TR NOX ozone
season emissions and 635 tons for the TR NOX ozone season
new unit set-aside; 216,033 tons for TR SO2 Group 2
emissions and 4,321 for the TR SO2 Group 2 new unit set-
aside. Alabama's SIP revision, for approval in this action, does not
affect these budgets, which are total amount of allowances available
for allocation for the 2016 control periods under the EPA-administered
cap-and-trade program under the CSAPR FIPs. In short, the abbreviated
SIP revision only affects allocations of allowances under the
established budgets.
    The Alabama SIP revision allocating TR NOX annual
allowances for the 2016 control period does not exceed the budget under
40 CFR 97.410(a) minus

the new unit set-aside (72,691 tons - 1,454 = 71,237).\13\ The Alabama
SIP revision allocates 71,234 TR NOX annual allowances to
existing units in the State. EPA will place the 1,457 unallocated
allowances from the Alabama CSAPR 2016 budget into the TR
NOX annual new unit set-aside for the 2016 control period.
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    \13\ The State of Alabama does not have a budget under 40 CFR
97.410(a) for a NOX Annual Indian Country new unit set-
aside for the 2016 control period.
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    The Alabama SIP revision allocating TR NOX ozone season
allowances for the 2016 control period does not exceed the budget under
Sec.  97.510(a) minus the new unit set-aside (31,746 tons - 635 tons =
31,111).\14\ The Alabama SIP revision allocates 31,107 TR
NOX ozone season allowances to existing units in the State.
EPA will place the 639 unallocated allowances from the Alabama CSAPR
2016 budget into the TR NOX ozone season new unit set-aside
for the 2016 control period.
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    \14\ The State of Alabama does not have a budget under 40 CFR
97.510(a) for a NOX Ozone Season Indian Country new unit
set-aside for the 2016 control period.
---------------------------------------------------------------------------

    The Alabama SIP revision allocating TR SO2 Group 2
allowances for the 2016 control period exceeds, by a very small number
of allowances (three) due to rounding, the budget under Sec.  97.710(a)
minus the new unit set-aside (216,033 tons - 4,321 tons = 211,712).\15\
The Alabama SIP revision allocates 211,715 TR SO2 Group 2
allowances to existing units in the State. However, EPA notes that
proportionately, three allowances is a tiny fraction of the overall new
unit set-aside budget for new Group 2 SO2 units in Alabama
(approximately 0.07%). In addition, for 2015, none of the 4,318 Group 2
SO2 allowances available to allocate to new units have been
allocated due to a dearth of qualifying new units in Alabama, and it
appears highly likely this will be the case again in 2016 (i.e., it is
very likely these allowances will not be needed by new units in Alabama
in 2016). EPA therefore does not believe the extra three allowances
allocated to Alabama's existing CSAPR units in 2016 should weigh
negatively in EPA's evaluation of the State's 2016 CSAPR SIP submittal,
and will enter 4,318 allowances from the Alabama CSAPR 2016 budget into
the TR SO2 Group 2 new unit set-aside for the 2016 control
period.\16\
---------------------------------------------------------------------------

    \15\ The State of Alabama does not have a budget under 40 CFR
97.710(a) for a Group 2 SO2 Indian Country new unit set-
aside for the 2016 control period.
    \16\ The quantities of allowances to be allocated through this
process may differ slightly from the amounts set forth in 40 CFR
97.410(a), 97.510(a), 97.610(a), and 97.710(a) because of rounding
in the spreadsheet of CSAPR FIP allowance allocations to existing
units.
---------------------------------------------------------------------------

    E. The list should be submitted electronically in the format
specified by the EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii),
52.39(d)(3), and 52.39(g)(3)).
    On March 27, 2015, EPA received an email submittal from Alabama in
the format requested.
    F. The SIP revision should provide a permanent allocation for the
units on the list for 2016 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv),
and 52.39(g)(4)).
    The Alabama SIP revision does not provide for any changes to the
listed units or allocations after approval of the SIP revision and do
not provide for any change to any allocation determined and recorded by
the Administrator under subpart AAAAA, BBBBB, or DDDDD of 40 CFR part
97.
    For the reasons discussed above, Alabama's SIP submission complies
with the 2016 SIP allocation requirements as codified at 40 CFR 52.38
and 52.39 and established in the CSAPR FIPs. Through this action, EPA
is approving Alabama's March 27, 2015, SIP revision, incorporating the
allocations into the SIP, and amending the CSAPR FIPs' regulatory text
for Alabama at 40 CFR 52.54 and 52.55 to reflect this approval and
inclusion of the state-determined allowance allocation for the 2016
control periods. EPA is not making any other changes to the CSAPR FIPs
for Alabama in this action. EPA is taking final action to approve
Alabama's March 27, 2015, SIP revision because it is in accordance with
the CAA and its implementing regulations.

IV. Final Action

    EPA is taking final action to approve Alabama's March 27, 2015,
CSAPR SIP revision that provides Alabama's state-determined allowance
allocations for existing EGUs in the State for the 2016 control periods
to replace the allowance allocations for the 2016 control periods
established by EPA under CSAPR. Consistent with the flexibility given
to states in the CSAPR FIPs at 40 CFR 52.38 and 52.39, Alabama's SIP
revision allocates state-determined allowances to existing EGUs in the
State under the CSAPR's NOX annual and ozone season and
SO2 Group 2 trading programs. Alabama's SIP revision meets
the applicable requirements in 40 CFR 52.38 for NOX annual
and NOX ozone season emissions, and 40 CFR 52.39 for Group 2
SO2 emissions. EPA is approving Alabama's SIP revision
because it is in accordance with the CAA and its implementing
regulations.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 25,
2015 without further notice unless the Agency receives adverse comments
by August 26, 2015.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 25, 2015 and
no further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 25, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: July 15, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
    40 CFR parts 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding an entry for ``Cross State Air
Pollution Rule--State-Determined Allowance Allocations for the 2016
control periods'' at the end of the table to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                                     EPA Approved Alabama Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
     Name of nonregulatory SIP      Applicable geographic  submittal date/            EPA approval date                         Explanation
             provision              or nonattainment area  effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Cross State Air Pollution Rule--    Alabama..............       3/27/2014  7/27/2015 [Insert Federal Register
 State-Determined Allowance                                                 citation].
 Allocations for the 2016 control
 periods.
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. Section 52.54 is amended by adding paragraphs (a)(3) and (b)(3) to
read as follows:

Sec.  52.54  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) * * *
    (3) Pursuant to Sec.  52.38(a), Alabama's state-determined
NOX annual allowance allocations established in the March
27, 2015, SIP revision replace the unit level NOX annual
allowance provisions of the CSAPR FIP at 40 CFR 97.411(a) for the State
for the 2016 control period with a list of NOX annual units
that commenced operation prior to January 1, 2010, in the State and the
amount of state-determined NOX annual allowances allocated
to each unit on such list, for the 2016 control period as approved by
EPA on July 27, 2015 [Insert citation of publication].
    (b) * * *
    (3) Pursuant to Sec.  52.38(b), Alabama's state-determined
NOX ozone season allocations established in the March 27,
2015, SIP revision replace the unit level NOX ozone season
allowance provisions of the CSAPR FIP at 40 CFR 97.511(a) for the State
for the 2016 control period with a list of NOX ozone season
units that commenced operation prior to January 1, 2010, in the State
and the amount of state-determined NOX ozone season
allowances allocated to each unit on such list, for the 2016 control
period as approved by EPA on July 27, 2015 [Insert citation of
publication].

0
4. Section 52.55 is amended by adding paragraph (c) to read as follows:

Sec.  52.55  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

* * * * *
    (c) Pursuant to Sec.  52.39(g), Alabama's state-determined Group 2
SO2

allowance allocations established in the March 27, 2015, SIP revision
replace the unit level Group 2 SO2 allowance provisions of
the CSAPR FIP at 40 CFR 97.711(a) for the State for the 2016 control
period with a list of Group 2 SO2 units that commenced
operation prior to January 1, 2010, in the State and the amount of
state-determined SO2 allowances allocated to each unit on
such list, for the 2016 control period as approved by EPA on July 27,
2015 [Insert citation of publication].

[FR Doc. 2015-18217 Filed 7-24-15; 8:45 am]
 BILLING CODE 6560-50-P