80 FR 44292 - Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 143 (July 27, 2015)
Federal Register Volume 80, Issue 143 (July 27, 2015)
| Page Range | 44292-44297 | |
| FR Document | 2015-18217 |
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)] [Rules and Regulations] [Pages 44292-44297] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18217] [[Page 44292]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 protected]. 3. Fax: (404) 562-9019. 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 protected]. 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 [[Page 44293]] 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 44294]] meets the following requirements pursuant to 40 CFR 52.38 and 52.39: --------------------------------------------------------------------------- \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). ---------------------------------------------------------------------------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 NO X 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). --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 44295]] 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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 [[Page 44296]] 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 NO X 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 [[Page 44297]] 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
![44292 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments, able to consider your comment.
AGENCY identified by Docket ID No. EPA–R04– Electronic files should not have special
OAR–2015–0313, by one of the characters or any form of encryption,
40 CFR Part 52 following methods: and be free of any defects or viruses. For
1. www.regulations.gov: Follow the additional information about EPA’s
[EPA–R04–OAR–2015–0313; FRL–9931–24– on-line instructions for submitting public docket visit the EPA Docket
Region 4] comments. Center homepage at http://
2. Email: R4-ARMS@epa.gov. www.epa.gov/epahome/dockets.htm.
Approval and Promulgation of 3. Fax: (404) 562–9019.
Implementation Plans for the State of Docket: All documents in the
4. Mail: ‘‘EPA–R04–OAR–2015– electronic docket are listed in the
Alabama: Cross-State Air Pollution 0313,’’ Air Regulatory Management
Rule www.regulations.gov index. Although
Section (formerly Regulatory listed in the index, some information is
Development Section), Air Planning and not publicly available, i.e., CBI or other
AGENCY: Environmental Protection
Implementation Branch, Air, Pesticides
Agency (EPA). information whose disclosure is
and Toxics Management Division, U.S.
ACTION: Direct final rule. restricted by statute. Certain other
Environmental Protection Agency,
material, such as copyrighted material,
SUMMARY: The Environmental Protection Region 4, 61 Forsyth Street SW.,
is not placed on the Internet and will be
Atlanta, Georgia 30303–8960.
Agency (EPA) is taking direct final publicly available only in hard copy
5. Hand Delivery or Courier: Ms.
action to approve the State of Alabama’s form. Publicly available docket
Lynorae Benjamin, Chief, Air Regulatory
March 27, 2015, State Implementation Management Section, Air Planning and materials are available either
Plan (SIP) revision, submitted by the Implementation Branch (formerly Air electronically in www.regulations.gov or
Alabama Department of Environmental Planning Branch), Air, Pesticides and in hard copy at the Air Regulatory
Management (ADEM). This SIP revision Toxics Management Division, U.S. Management Section, Air Planning and
provides Alabama’s state-determined Environmental Protection Agency, Implementation Branch, Air, Pesticides
allowance allocations for existing Region 4, 61 Forsyth Street SW., and Toxics Management Division, U.S.
electric generating units (EGUs) in the Atlanta, Georgia 30303–8960. Such Environmental Protection Agency,
State for the 2016 control periods and deliveries are only accepted during the Region 4, 61 Forsyth Street SW.,
replaces the allowance allocations for Regional Office’s normal hours of Atlanta, Georgia 30303–8960. EPA
the 2016 control periods established by operation. The Regional Office’s official requests that if at all possible, you
EPA under the Cross-State Air Pollution hours of business are Monday through contact the person listed in the FOR
Rule (CSAPR). The CSAPR addresses Friday, 8:30 a.m. to 4:30 p.m., excluding FURTHER INFORMATION CONTACT section to
the ‘‘good neighbor’’ provision of the Federal holidays. schedule your inspection. The Regional
Clean Air Act (CAA or Act) that requires Instructions: Direct your comments to Office’s official hours of business are
states to reduce the transport of Docket ID No. EPA–R04–OAR–2015– Monday through Friday, 8:30 a.m. to
pollution that significantly affects 0313. EPA’s policy is that all comments 4:30 p.m., excluding Federal holidays.
downwind nonattainment and received will be included in the public FOR FURTHER INFORMATION CONTACT:
maintenance areas. In this direct final docket without change and may be Twunjala Bradley, Air Regulatory
action, EPA is approving Alabama’s SIP made available online at Management Section, Air Planning and
revision, incorporating the state- www.regulations.gov, including any Implementation Branch, Air, Pesticides
determined allocations for the 2016 personal information provided, unless and Toxics Management Division, U.S.
control periods into the SIP, and the comment includes information Environmental Protection Agency,
amending the regulatory text of the claimed to be Confidential Business Region 4, 61 Forsyth Street SW.,
CSAPR Federal Implementation Plan Information (CBI) or other information Atlanta, Georgia 30303–8960. Ms.
(FIP) to reflect this approval and whose disclosure is restricted by statute. Twunjala Bradley can be reached by
inclusion of the state-determined Do not submit through phone at (404) 562–9352 or via
allocations. The CSAPR FIPs for www.regulations.gov or email, electronic mail at bradley.twunjala@
Alabama remain in place until such information that you consider to be CBI epa.gov.
time as the State decides to replace the or otherwise protected. The
FIPs with a SIP revision to allocate SUPPLEMENTARY INFORMATION:
www.regulations.gov Web site is an
trading program allowances for control ‘‘anonymous access’’ system, which I. What action is EPA taking?
periods 2017 and beyond. EPA is taking means EPA will not know your identity
direct final action to approve Alabama’s EPA is taking direct final action to
or contact information unless you
SIP revision because it meets the approve Alabama’s March 27, 2015, SIP
provide it in the body of your comment.
requirements of the CAA and the revision submitted by ADEM that
If you send an email comment directly
CSAPR requirements to replace EPA’s narrowly modifies the allocations of
to EPA without going through
allowance allocations for the 2016 allowances established by EPA under
www.regulations.gov, your email
control periods. This action is being the CSAPR FIPs for existing EGUs for
address will be automatically captured
taken pursuant to the CAA and its the 2016 control periods.1 The CSAPR
and included as part of the comment
implementing regulations. allows a subject state, instead of EPA, to
that is placed in the public docket and
allocate allowances under the SO2, NOX
DATES: This direct final rule is effective made available on the internet. If you
annual, and NOX ozone season trading
September 25, 2015 without further submit an electronic comment, EPA
programs to existing EGUs in the State
notice, unless EPA receives adverse recommends that you include your
tkelley on DSK3SPTVN1PROD with RULES
for the 2016 control periods provided
comment by August 26, 2015. If EPA name and other contact information in
that the state meets certain regulatory
receives such comments, it will publish the body of your comment and with any
a timely withdrawal of the direct final disk or CD–ROM you submit. If EPA 1 Federal Implementation Plans: Interstate
rule in the Federal Register and inform cannot read your comment due to Transport of Fine Particulate Matter and Ozone and
the public that the rule will not take technical difficulties and cannot contact Correction of SIP Approvals; August 8, 2011 (76 FR
effect. you for clarification, EPA may not be 48208).
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![44296 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
Order 13132 (64 FR 43255, August 10, agency promulgating the rule must proposed rulemaking. This action may
1999); submit a rule report, which includes a not be challenged later in proceedings to
• Is not an economically significant copy of the rule, to each House of the enforce its requirements. See section
regulatory action based on health or Congress and to the Comptroller General 307(b)(2).
safety risks subject to Executive Order of the United States. EPA will submit a
List of Subjects in 40 CFR Part 52
13045 (62 FR 19885, April 23, 1997); report containing this action and other
• Is not a significant regulatory action required information to the U.S. Senate, Environmental protection, Air
subject to Executive Order 13211 (66 FR the U.S. House of Representatives, and pollution control, Incorporation by
28355, May 22, 2001); the Comptroller General of the United reference, Intergovernmental relations,
• Is not subject to requirements of States prior to publication of the rule in Nitrogen dioxide, Ozone, Particulate
Section 12(d) of the National the Federal Register. A major rule matter, Reporting and recordkeeping
Technology Transfer and Advancement cannot take effect until 60 days after it requirements, Sulfur oxides.
Act of 1995 (15 U.S.C. 272 note) because is published in the Federal Register. Dated: July 15, 2015.
application of those requirements would This action is not a ‘‘major rule’’ as Heather McTeer Toney,
be inconsistent with the CAA; and defined by 5 U.S.C. 804(2). Regional Administrator, Region 4.
• Does not provide EPA with the Under section 307(b)(1) of the CAA,
discretionary authority to address, as petitions for judicial review of this 40 CFR parts 52 is amended as
appropriate, disproportionate human action must be filed in the United States follows:
health or environmental effects, using Court of Appeals for the appropriate PART 52—APPROVAL AND
practicable and legally permissible circuit by September 25, 2015. Filing a PROMULGATION OF
methods, under Executive Order 12898 petition for reconsideration by the IMPLEMENTATION PLANS
(59 FR 7629, February 16, 1994). Administrator of this final rule does not
The SIP is not approved to apply on affect the finality of this action for the ■ 1. The authority citation for part 52
any Indian reservation land or in any purposes of judicial review nor does it continues to read as follows:
other area where EPA or an Indian tribe extend the time within which a petition
Authority: 42 U.S.C. 7401 et seq.
has demonstrated that a tribe has for judicial review may be filed, and
jurisdiction. In those areas of Indian shall not postpone the effectiveness of Subpart B—Alabama
country, the rule does not have tribal such rule or action. Parties with
implications as specified by Executive objections to this direct final rule are ■ 2. Section 52.50(e) is amended by
Order 13175 (65 FR 67249, November 9, encouraged to file a comment in adding an entry for ‘‘Cross State Air
2000), nor will it impose substantial response to the parallel notice of Pollution Rule—State-Determined
direct costs on tribal governments or proposed rulemaking for this action Allowance Allocations for the 2016
preempt tribal law. published in the proposed rules section control periods’’ at the end of the table
The Congressional Review Act, 5 of this Federal Register, rather than file to read as follows:
U.S.C. 801 et seq., as added by the Small an immediate petition for judicial
Business Regulatory Enforcement review of this direct final rule, so that § 52.50 Identification of plan.
Fairness Act of 1996, generally provides EPA can withdraw this direct final rule * * * * *
that before a rule may take effect, the and address the comment in the (e) * * *
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
State submittal
Name of nonregulatory SIP Applicable geographic or non- date/effective EPA approval date Explanation
provision attainment area date
* * * * * * *
Cross State Air Pollution Rule— Alabama ....................................... 3/27/2014 7/27/2015 [Insert Federal
State-Determined Allowance Register citation].
Allocations for the 2016 control
periods.
■ 3. Section 52.54 is amended by adding commenced operation prior to January that commenced operation prior to
paragraphs (a)(3) and (b)(3) to read as 1, 2010, in the State and the amount of January 1, 2010, in the State and the
follows: state-determined NOX annual amount of state-determined NOX ozone
allowances allocated to each unit on season allowances allocated to each unit
§ 52.54 Interstate pollutant transport such list, for the 2016 control period as on such list, for the 2016 control period
provisions; What are the FIP requirements
approved by EPA on July 27, 2015 as approved by EPA on July 27, 2015
for decreases in emissions of nitrogen
oxides? [Insert citation of publication]. [Insert citation of publication].
(b) * * * ■ 4. Section 52.55 is amended by adding
(a) * * *
(3) Pursuant to § 52.38(a), Alabama’s (3) Pursuant to § 52.38(b), Alabama’s paragraph (c) to read as follows:
state-determined NOX annual allowance state-determined NOX ozone season § 52.55 Interstate pollutant transport
tkelley on DSK3SPTVN1PROD with RULES
allocations established in the March 27, allocations established in the March 27, provisions; What are the FIP requirements
2015, SIP revision replace the unit level 2015, SIP revision replace the unit level for decreases in emissions of sulfur
NOX annual allowance provisions of the NOX ozone season allowance provisions dioxide?
CSAPR FIP at 40 CFR 97.411(a) for the of the CSAPR FIP at 40 CFR 97.511(a) * * * * *
State for the 2016 control period with a for the State for the 2016 control period (c) Pursuant to § 52.39(g), Alabama’s
list of NOX annual units that with a list of NOX ozone season units state-determined Group 2 SO2
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![Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 44297
allowance allocations established in the Administration, Federal Emergency in this final rule have been adequately
March 27, 2015, SIP revision replace the Management Agency, 500 C Street SW., notified.
unit level Group 2 SO2 allowance Washington, DC 20472, (202) 646–4133. Each community receives 6-month,
provisions of the CSAPR FIP at 40 CFR 90-day, and 30-day notification letters
SUPPLEMENTARY INFORMATION: The NFIP
97.711(a) for the State for the 2016 addressed to the Chief Executive Officer
control period with a list of Group 2 SO2 enables property owners to purchase
Federal flood insurance that is not stating that the community will be
units that commenced operation prior to suspended unless the required
January 1, 2010, in the State and the otherwise generally available from
private insurers. In return, communities floodplain management measures are
amount of state-determined SO2 met prior to the effective suspension
allowances allocated to each unit on agree to adopt and administer local
date. Since these notifications were
such list, for the 2016 control period as floodplain management measures aimed
made, this final rule may take effect
approved by EPA on July 27, 2015 at protecting lives and new construction
within less than 30 days.
[Insert citation of publication]. from future flooding. Section 1315 of
the National Flood Insurance Act of National Environmental Policy Act.
[FR Doc. 2015–18217 Filed 7–24–15; 8:45 am]
1968, as amended, 42 U.S.C. 4022, This rule is categorically excluded from
BILLING CODE 6560–50–P
prohibits the sale of NFIP flood the requirements of 44 CFR part 10,
insurance unless an appropriate public Environmental Considerations. No
body adopts adequate floodplain environmental impact assessment has
DEPARTMENT OF HOMELAND management measures with effective been prepared.
SECURITY enforcement measures. The Regulatory Flexibility Act. The
communities listed in this document no Administrator has determined that this
Federal Emergency Management rule is exempt from the requirements of
longer meet that statutory requirement
Agency the Regulatory Flexibility Act because
for compliance with program
regulations, 44 CFR part 59. the National Flood Insurance Act of
44 CFR Part 64 1968, as amended, Section 1315, 42
Accordingly, the communities will be
[Docket ID FEMA–2015–0001; Internal suspended on the effective date in the U.S.C. 4022, prohibits flood insurance
Agency Docket No. FEMA–8391] third column. As of that date, flood coverage unless an appropriate public
insurance will no longer be available in body adopts adequate floodplain
Suspension of Community Eligibility the community. We recognize that some management measures with effective
of these communities may adopt and enforcement measures. The
AGENCY: Federal Emergency
submit the required documentation of communities listed no longer comply
Management Agency, DHS.
legally enforceable floodplain with the statutory requirements, and
ACTION: Final rule. after the effective date, flood insurance
management measures after this rule is
SUMMARY: This rule identifies published but prior to the actual will no longer be available in the
communities where the sale of flood suspension date. These communities communities unless remedial action
insurance has been authorized under will not be suspended and will continue takes place.
the National Flood Insurance Program to be eligible for the sale of NFIP flood Regulatory Classification. This final
(NFIP) that are scheduled for insurance. A notice withdrawing the rule is not a significant regulatory action
suspension on the effective dates listed suspension of such communities will be under the criteria of section 3(f) of
within this rule because of published in the Federal Register. Executive Order 12866 of September 30,
noncompliance with the floodplain 1993, Regulatory Planning and Review,
In addition, FEMA publishes a Flood 58 FR 51735.
management requirements of the Insurance Rate Map (FIRM) that
program. If the Federal Emergency Executive Order 13132, Federalism.
identifies the Special Flood Hazard
Management Agency (FEMA) receives This rule involves no policies that have
Areas (SFHAs) in these communities.
documentation that the community has federalism implications under Executive
The date of the FIRM, if one has been
adopted the required floodplain Order 13132.
published, is indicated in the fourth
management measures prior to the column of the table. No direct Federal Executive Order 12988, Civil Justice
effective suspension date given in this financial assistance (except assistance Reform. This rule meets the applicable
rule, the suspension will not occur and pursuant to the Robert T. Stafford standards of Executive Order 12988.
a notice of this will be provided by Disaster Relief and Emergency Paperwork Reduction Act. This rule
publication in the Federal Register on a Assistance Act not in connection with a does not involve any collection of
subsequent date. Also, information flood) may be provided for construction information for purposes of the
identifying the current participation or acquisition of buildings in identified Paperwork Reduction Act, 44 U.S.C.
status of a community can be obtained SFHAs for communities not 3501 et seq.
from FEMA’s Community Status Book participating in the NFIP and identified
(CSB). The CSB is available at http:// List of Subjects in 44 CFR Part 64
for more than a year on FEMA’s initial
www.fema.gov/fema/csb.shtm. FIRM for the community as having Flood insurance, Floodplains.
DATES: Effective Dates: The effective flood-prone areas (section 202(a) of the Accordingly, 44 CFR part 64 is
date of each community’s scheduled Flood Disaster Protection Act of 1973, amended as follows:
suspension is the third date (‘‘Susp.’’) 42 U.S.C. 4106(a), as amended). This
listed in the third column of the prohibition against certain types of PART 64—[AMENDED]
following tables. Federal assistance becomes effective for
tkelley on DSK3SPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: If the communities listed on the date ■ 1. The authority citation for Part 64
you want to determine whether a shown in the last column. The continues to read as follows:
particular community was suspended Administrator finds that notice and Authority: 42 U.S.C. 4001 et seq.;
on the suspension date or for further public comment procedures under 5 Reorganization Plan No. 3 of 1978, 3 CFR,
information, contact Bret Gates, Federal U.S.C. 553(b), are impracticable and 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Insurance and Mitigation unnecessary because communities listed 3 CFR, 1979 Comp.; p. 376.
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Document Created: 2018-02-23 09:26:48
Document Modified: 2018-02-23 09:26:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| 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. | |
| 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 protected] | |
| FR Citation | 80 FR 44292 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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