80 FR 55267 - Approval and Promulgation of Air Quality Implementation Plans; State of Nebraska; Cross-State Air Pollution Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 178 (September 15, 2015)

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Nebraska in a letter dated March 30, 2015. This SIP revision provides Nebraska'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 air quality. In this final action EPA is approving Nebraska'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. EPA is taking direct final action to approve Nebraska'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. EPA's allocations of CSAPR trading program allowances for Nebraska for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allocations for those control periods through another SIP. The CSAPR FIPs for Nebraska remain in place until such time as the State decides to replace the FIPs with a SIP revision.

[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55267-55272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20631]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0565; FRL-9932-84-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Nebraska; 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 revisions to the State Implementation Plan 
(SIP) submitted by the State of Nebraska in a letter dated March 30, 
2015. This SIP revision provides Nebraska'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

[[Page 55268]]

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 air quality. In this final action EPA is 
approving Nebraska'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. EPA is taking direct final action to approve Nebraska'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. EPA's allocations of CSAPR trading program 
allowances for Nebraska for control periods in 2017 and beyond remain 
in place until the State submits and EPA approves state-determined 
allocations for those control periods through another SIP. The CSAPR 
FIPs for Nebraska remain in place until such time as the State decides 
to replace the FIPs with a SIP revision.

DATES: This direct final rule will be effective October 26, 2015, 
without further notice, unless EPA receives adverse comment by October 
15, 2015. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0565, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0565. EPA may publish any comment received to its public docket. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 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 avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or at the Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours 
of business are Monday through Friday, 8:00 to 4:30 excluding legal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7214 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. 2016 CSAPR SIPs
III. What is EPA's analysis of Nebraska's submission?
IV. Final Action

I. What is being addressed in this document?

    EPA is taking direct final action to approve revisions to the SIP 
submitted by the State of Nebraska in a letter dated March 30, 2015, 
that 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 annual, 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 \5\ 
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 \6\ (15 micrograms per cubic meter ([micro]g/m\3\)), the 24-hour 
PM2.5 NAAQS promulgated

[[Page 55269]]

in 2006 \7\ (35 [micro]g/m\3\), and the 8-hour ozone NAAQS promulgated 
in 1997 \8\ (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, 550 F.3d 1176 (D.C. Cir. 2008).
    \5\ The CSAPR obligations related to ozone-season NOX 
emissions for five states were established in a separate rule 
referred to here as the Supplemental Rule. Federal Implementation 
Plans for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and 
Determination for Kansas Regarding Interstate Transport of Ozone; 
December 27, 2011 (76 FR 80760).
    \6\ National Ambient Air Quality Standards for Particulate 
Matter; July 18, 1997 (62 FR 36852).
    \7\ National Ambient Air Quality Standards for Particulate 
Matter; October 17, 2006 (71 FR 61144).
    \8\ National Ambient Air Quality Standards for Ozone; July 18, 
1997 (62 FR 38856).
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    Nebraska is subject to the FIPs that implement the CSAPR and 
require certain EGUs to participate in the EPA-administered federal 
SO2 annual and NOX annual cap-and trade 
programs.\9\ Nebraska's March 30, 2015, SIP revision allocates 
allowances under the CSAPR to existing EGUs in the State for the 2016 
control periods only. Nebraska's SIP revision includes state-determined 
allocations for the CSAPR NOX annual and SO2 
Group 2 annual trading programs, and complies with the 2016 
NOX allocation and SO2 allocation SIP 
requirements set forth at 40 CFR 52.38 and 52.39, respectively. 
Pursuant to 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 timely SIP revision containing those 
allocations to EPA that meets the requirements in 40 CFR 52.38 and 
52.39.
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    \9\ On July 28, 2015, the D.C. Circuit, issued an opinion 
upholding CSAPR, but remanding without vacatur certain state 
emissions budgets to EPA for reconsideration. EME Homer City 
Generation, L.P. v. EPA, No. 11-1302, slip op. CSAPR implementation 
at this time remains unaffected by the court decision, and EPA will 
address the remanded emissions budgets in a separate rulemaking. 
Moreover, Nebraska's emissions budgets were not among those remanded 
to EPA for reconsideration.
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    Through this action, EPA is approving Nebraska's March 30, 2015, 
SIP revision, incorporating the allocations into the SIP, and amending 
the CSAPR FIP's regulatory text for Nebraska at 40 CFR 52.1428 and 
52.1429 to reflect this approval and inclusion of the state-determined 
allowance allocations for the 2016 control periods. EPA's allocations 
of CSAPR trading program allowances for Nebraska for control periods in 
2017 and beyond remain in place until the State submits and EPA 
approves state-determined allocations for those control periods through 
another SIP revision. EPA is not making any other changes to the CSAPR 
FIPs for Nebraska in this action. The CSAPR FIPs for Nebraska remain in 
place until such time the State decides to replace the FIPs with a SIP 
revision. EPA is taking direct final action to approve Nebraska's March 
30, 2015, SIP submission because it complies with the CAA and the CSAPR 
regulations. 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 determine allowance allocations for the 
2016 control periods through submittal of a complete SIP revision that 
is narrower in scope than an abbreviated or full SIP submission that 
states may use to replace the FIPs and/or to determine allocations for 
control periods in 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 the allocations meet specific 
requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) for 
NOX and 52.39(d) and (g) for SO2. If these 
requirements are met, the Administrator will approve the allowance 
allocation provisions as replacing the comparable provisions in 40 CFR 
part 97 for the State. SIP revisions under this expedited process may 
only allocate the amount of 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.\10\
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    \10\ 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).
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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, as 
revised, set a deadline of October 17, 2011 or March 6, 2015 (in the 
case of allocations of ozone season NOX allowances for 
states covered by the Supplemental Rule) for states to notify EPA of 
their intent to submit these SIP revisions.\11\ See 40 CFR 52.38 and 
52.39.
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    \11\ 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 originally the date by 
which notifications of intentions to submit state allocations were 
due to the Administrator, but that date was later delayed to March 
6, 2015. See 76 FR 80760 and 79 FR 71671.
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    Twelve states, including Nebraska, notified EPA by the applicable 
deadlines of their intentions to submit SIP revisions affecting 2016 
allocations.\12\ Pursuant to EPA's December 3, 2014, Interim Final 
Rule,\13\ the deadlines to submit these SIPs were delayed by three 
years, making the deadline for these twelve states to submit a 2016 
allocation SIP revision April 1, 2015, or October 1, 2015, (in the case 
of allocations of ozone season NOX allowances for states 
covered by the Supplemental Rule). Each state may submit a SIP to 
allocate 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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    \12\ The docket for today's action contains Nebraska's October 
17, 2011, letter notifying EPA of its intention to submit a SIP 
revision with respect to allocations of both annual NOX 
allowances and annual SO2 allowances.
    \13\ Rulemaking to Amend Dates in Federal Implementation Plans 
Addressing Interstate Transport of Ozone and Fine Particulate 
Matter; December 3, 2014 (79 FR 71663).
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     Notify the EPA Administrator by October 17, 2011 or March 
6, 2015 (in the case of allocations of ozone season NOX 
allowances for states covered by the Supplemental Rule) of intent to 
submit state allocations for the 2016 control periods 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 SIP revision modifying allowance 
allocations for the 2016 control periods no later than April 1, 2015, 
or October 1, 2015 (in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule). 
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 2016 state-determined allocations 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 that the sum of the state-determined allocations is 
equal to or less than the amount of the total state budget for 2016 
minus the sum of the

[[Page 55270]]

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 list of units and the 2016 state-determined 
allowance allocations 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 limited 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 that the SIP is submitted 
to EPA by the State's Governor or his/her designee). If a state submits 
to EPA a 2016 CSAPR SIP revision meeting all the above-described 
requirements, including compliance with the applicable notification and 
submission deadlines, and EPA approves the SIP submission by October 1, 
2015 (or April 1, 2016, in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule), 
EPA will record state-determined allocations for 2016 by October 1, 
2015 (or April 1, 2016) into the Allowance Management System (AMS). 
Nebraska's March 30, 2015 SIP submission addresses the aforementioned 
requirements allowing a state to allocate 2016 CSAPR allowances for the 
annual NOX and Group 2 SO2 trading programs. 
EPA's analysis of Nebraska's SIP submission is explained below in 
section III.

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

    On March 30, 2015, Nebraska submitted a SIP revision intended to 
replace the CSAPR FIP allocations of the CSAPR NOX annual 
and 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)(3) and 52.39(g) described above. The following is a 
list of criteria under 40 CFR 52.38(a)(3) and (b)(3) and 52.39(d) and 
(g), described in section II in this document, and the results of EPA's 
analysis of Nebraska's SIP revision:

    A. 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 October 17, 2011, Nebraska notified EPA via a letter of the 
State's intent to submit complete SIP revisions for allocating TR 
NOX Annual and TR SO2 Group 2 allowances \14\ to 
existing units (i.e., units that commenced commercial operation before 
January 1, 2010) for the second implementation year of the CSAPR 
trading programs.
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    \14\ The abbreviation ``TR'' in certain legal terms used in the 
CSAPR trading programs, including the legal terms for the trading 
program allowances, stands for ``Transport Rule,'' an earlier name 
for the CSAPR.

    B. A complete SIP revision must be submitted to EPA no later 
than April 1, 2015, or October 1, 2015, in the case of ozone season 
NOX SIP revisions for states covered by the December 27, 
2011 Supplemental Rule (76 FR 80760) (40 CFR 52.38(a)(3)(v)(B), 
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52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii)).

    EPA has reviewed the March 30, 2015 submittal from Nebraska 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.

    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 Nebraska's SIP revision, the State submitted a list of 
units to be allocated TR NOX Annual and TR SO2 
Group 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 Nebraska as part of 
the SIP revision is located in the State of Nebraska 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), or 97.710(a), 
whichever is applicable, for the State and the control periods in 
2016, of the 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)).

    As amended, the CSAPR established the NOX annual budget, 
new unit set-aside, and Indian country new unit set-aside for Nebraska 
for the 2016 control periods as 30,039 tons, 1,772 tons, and 30 tons, 
respectively, and established the SO2 Group 2 budget, new 
unit set-aside, and Indian country new unit set-aside as 68,162 tons, 
2,658 tons, and 68 tons, respectively. Nebraska's SIP revision, for 
approval in this action, does not affect these budgets, which are total 
amounts of allowances available for allocation for the 2016 control 
periods under the EPA-administered cap-and-trade programs under the 
CSAPR FIPs. In short, the abbreviated SIP revision only affects 
allocations of allowances under the established state budgets.
    The Nebraska SIP revision allocating TR NOX Annual 
allowances for the 2016 control period establishes allocations 
exceeding, by one (1) allowance due to rounding,\15\ the amount of the 
budget under Sec.  97.410(a) minus the sum of the new unit set-aside 
and the Indian county new unit set aside (30,039 tons-(1,772 tons + 30 
tons)) = 28,237 tons). The Nebraska SIP revision allocates 28,238 TR 
NOX annual allowances to existing units in the State. 
However, EPA notes that proportionately, one allowance is a tiny 
fraction of the overall new unit set-aside budget for new TR 
NOX annual units in Nebraska (approximately 0.06%). In 
addition, for 2015, the number of TR NOX annual allowances 
allocated from Nebraska's 2015 new unit set-aside to new units is well 
below the total number of allowances available in that set-aside,\16\ 
and it appears highly likely this will be the case again in 2016. EPA 
therefore does not believe the extra allowance allocated to Nebraska's 
existing CSAPR units in 2016 should weigh negatively in EPA's 
evaluation of the State's 2016 CSAPR SIP submittal, and will enter 
1,771 allowances from the Nebraska CSAPR 2016 budget

[[Page 55271]]

(instead of 1,772 allowances) into the TR NOX annual new 
unit set-aside for the 2016 control period.\17\
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    \15\ The total of the state-determined TR NOX Annual 
allowance allocations to existing units for 2016 under Nebraska's 
SIP revision (28,238 allowances) equals the total of the EPA-
determined TR NOX Annual allowance allocations to 
existing units for 2016 under the CSAPR as amended. This total 
differs by one allowance from the amount of the state's 2016 
NOX annual budget minus the sum of the new unit set-aside 
and the Indian country new unit set-aside due to rounding, as noted 
in the December 3, 2014, Notice of Data Availability regarding the 
EPA-determined allocations. See 79 FR 71674.
    \16\ See Allocations of Cross-State Air Pollution Rule 
Allowances From New Unit Set-Asides for the 2015 Compliance Year; 
July 28, 2015 (80 FR 44882).
    \17\ The quantities of allowances to be allocated through the 
new unit set-aside (NUSA) process may differ slightly from the NUSA 
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.
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    The Nebraska SIP revision allocating TR SO2 Group 2 
allowances for the 2016 control period does not establish allocations 
exceeding the amount of the budget under Sec.  97.710(a) minus the sum 
of the new unit set-aside and Indian County new unit set-aside (68,162 
tons-(2,658 tons + 68 tons)) = 65,436 tons). The Nebraska SIP revision 
allocates 65,432 TR SO2 Group 2 allowances to existing units 
in the State. EPA will place the four unallocated allowances from the 
Nebraska CSAPR 2016 budget into the TR SO2 Group 2 new unit 
set-aside for the 2016 control period.

    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 30, 2015, EPA received an email submittal from Nebraska in 
the EPA-approved format.

    F. The SIP revision should not provide for any changes to the 
listed units or allocations after approval of the SIP revision and 
should 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 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 
52.39(d)(4), and 52.39(g)(4)).

    The Nebraska SIP revision does not provide for any changes to the 
listed units or allocations after approval of the SIP revision 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.
    For the reasons discussed above, Nebraska's SIP revision complies 
with the 2016 allowance allocation SIP requirements established in the 
CSAPR FIPs as codified at 40 CFR 52.38 and 52.39. Through this action, 
EPA is approving Nebraska's March 30, 2015, SIP revision, incorporating 
the allocations into the SIP, and amending the CSAPR FIPs' regulatory 
text for Nebraska at 40 CFR 52.1428 and 52.1429 to reflect this 
approval and inclusion of the state-determined allowance allocations 
for the 2016 control periods. EPA is not making any other changes to 
the CSAPR FIPs for Nebraska in this action. EPA is taking final action 
to approve Nebraska's March 30, 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 Nebraska's March 30, 2015, 
CSAPR SIP revisions that provide Nebraska'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 the CSAPR. Consistent with the flexibility 
given to states in the CSAPR FIPs at 40 CFR 52.38 and 52.39, Nebraska's 
SIP revision allocates allowances to existing EGUs in the State under 
the CSAPR's NOX annual and SO2 Group 2 trading 
programs. Nebraska's SIP revision meets the applicable requirements in 
40 CFR 52.38 and 52.39 for allocations for the 2016 control periods of 
NOX annual allowances and SO2 Group 2 allowances, 
respectively. EPA is approving Nebraska'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 October 26, 2015 
without further notice unless the Agency receives adverse comments by 
October 15, 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 October 26, 
2015 and no further action will be taken on the proposed rule.

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. 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 Clean Air Act; 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 and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 55272]]

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 November 16, 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

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 CC--Nebraska

0
2. In Sec.  52.1420(e) the table is amended by adding a new entry (28) 
at the end of the table to read as follows:


Sec.  52.1420  Identification of Plan.

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP     geographic area or       State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(28) Cross State Air Pollution   Statewide.........         3/30/15  9/15/15 [Insert     .......................
 Rule--State-Determined                                               Federal Register
 Allowance Allocations for the                                        citation].
 2016 control periods.
----------------------------------------------------------------------------------------------------------------



0
3. Section 52.1428 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1428  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (c) Pursuant to Sec.  52.38(a)(3), Nebraska's state-determined TR 
NOX Annual allowance allocations established in the March 
30, 2015, SIP revision replace the unit-level TR NOX Annual 
allowance allocation provisions of the TR NOX Annual Trading 
Program at 40 CFR 97.411(a) for the State for the 2016 control period 
with a list of TR NOX Annual units that commenced operation 
prior to January 1, 2010, in the State and the state-determined amount 
of TR NOX Annual allowances allocated to each unit on such 
list for the 2016 control period, as approved by EPA on September 15, 
2015.


0
4. Section 52.1429 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1429  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

* * * * *
    (c) Pursuant to Sec.  52.39(g), Nebraska's state-determined TR 
SO2 Group 2 allowance allocations established in the March 
30, 2015, SIP revision replace the unit-level TR SO2 Group 2 
allowance allocation provisions of the TR SO2 Group 2 
Trading Program at 40 CFR 97.711(a) for the State for the 2016 control 
period with a list of TR SO2 Group 2 units that commenced 
operation prior to January 1, 2010, in the State and the state-
determined amount of TR SO2 Group 2 allowances allocated to 
each unit on such list for the 2016 control period, as approved by EPA 
on September 15, 2015.

[FR Doc. 2015-20631 Filed 9-14-15; 8:45 am]
 BILLING CODE 6560-50-P