Approval of Implementation Plans of Michigan: Clean Air Interstate Rule, 41637-41641 [E9-19805]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Rules and Regulations]
[Pages 41637-41641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19805]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0294; FRL-8944-7]


Approval of Implementation Plans of Michigan: Clean Air 
Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Michigan State 
Implementation Plan (SIP) submitted on July 16, 2007, and on June 10, 
2009. Together, the revisions address the requirements for an 
abbreviated Clean Air Interstate Rule (CAIR) SIP. EPA is also providing 
notice that the December 20, 2007, conditional approval of the July 16, 
2007, submittal automatically converted to a disapproval.

DATES: This direct final rule will be effective October 19, 2009, 
unless EPA receives adverse comments by September 17, 2009. If adverse 
comments are received, EPA 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-R05-
OAR-2009-0294, by one of the following methods:
    1. https://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Deliveries 
are only accepted during the regional office normal hours of operation, 
and special arrangements should be made for deliveries of boxed 
information. The regional office 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-R05-OAR-
2009-0294. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The https://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 e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail 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 and any form of encryption and should be 
free of any defects or viruses. For additional information about EPA's 
public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some

[[Page 41638]]

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 https://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. We recommend that you telephone Douglas Aburano, 
Environmental Engineer, at (312) 353-6960, before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-6960, 
aburano.douglas@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR Federal 
Implementation Plans (FIPs)?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. Analysis of Michigan's CAIR SIP Submittal
VI. Disapproval Notice and Approval Action
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving two revisions to Michigan's abbreviated CAIR SIP 
and at the same time is providing notice that one of those revisions, 
which EPA had conditionally approved, converted to a disapproval on 
December 20, 2008. The revision that was automatically disapproved does 
not fulfill the CAIR requirements on its own but does when considered 
in conjunction with the second revision.
    On July 16, 2007, Michigan submitted a SIP revision to address the 
CAIR requirements. EPA conditionally approved the SIP submittal because 
the majority of Michigan's SIP submittal was approvable but there were 
several minor deficiencies that needed to be corrected. After the 
Michigan Department of Environmental Quality (MDEQ) failed to address 
all the issues in EPA's December 20, 2007, conditional approval of the 
submittal, the conditional approval lapsed to disapproval on December 
20, 2008. Today's action provides notice of the disapproval. On April 
13, 2009, MDEQ submitted a proposed SIP revision to address the 
deficiencies in the July 16, 2007, submittal. MDEQ requested that EPA 
process the April 13, 2009, submittal while the State completed the 
State rule adoption process. Additionally, in a letter dated May 7, 
2009, MDEQ requested that ``EPA reconsider the conditional approval 
given to the original SIP submitted in July 2007.'' MDEQ completed the 
State adoption process for the rules submitted to EPA on April 13, 
2009, and submitted the adopted rules as a complete SIP revision on 
June 10, 2009, in place of the April 13, 2009, submittal. Since the 
conditional approval automatically converted to a disapproval on 
December 20, 2008, EPA cannot ``reconsider the conditional approval'' 
as requested by MDEQ. However, it is clear from the aforementioned 
correspondence with the State, as well as correspondence accompanying 
the June 10, 2009, submittal, that the State intends that EPA should 
act on the July 16, 2007, submittal in conjunction with the June 10, 
2009, SIP revision request.
    The combination of these two submittals fulfills the CAIR 
requirements for abbreviated SIPs. The July 16, 2007, submittal 
generally meets the CAIR requirements, and the June 10, 2009, submittal 
corrects certain deficiencies EPA found with the July 16, 2007, 
submittal. The automatic disapproval of the July 16, 2007, submittal is 
inconsequential because, as explained above, we are approving both the 
July 16, 2007, and June 10, 2009, submittals.

II. What Is the Regulatory History of CAIR and the CAIR Federal 
Implementation Plans (FIPs)?

    EPA published CAIR on May 12, 2005 (70 FR 25162). In this rule, EPA 
determined that 28 States and the District of Columbia contribute 
significantly to nonattainment and interfere with maintenance of the 
national ambient air quality standards (NAAQS) for fine particles 
(PM2.5) and/or 8-hour ozone in downwind States in the 
eastern part of the country. As a result, EPA required those upwind 
States to revise their SIPs to include control measures that reduce 
emissions of sulfur dioxide (SO2), which is a precursor to 
PM2.5 formation, and/or nitrogen oxides (NOX), 
which is a precursor to both ozone and PM2.5 formation. For 
jurisdictions that contribute significantly to downwind 
PM2.5 nonattainment, CAIR sets annual State-wide emission 
reduction requirements (i.e., budgets) for SO2 and 
NOX. Similarly, for jurisdictions that contribute 
significantly to 8-hour ozone nonattainment, CAIR sets State-wide 
emission budgets for NOX for the ozone season (May 1st to 
September 30th). Under CAIR, States may implement these reduction 
requirements by participating in the EPA-administered cap-and-trade 
programs or by adopting any other control measures.
    The CAIR establishes requirements that must be included in SIPs to 
address the requirements of section 110(a)(2)(D) of the Clean Air Act 
(CAA) with regard to interstate transport for ozone and 
PM2.5. On May 25, 2005, EPA made national findings that the 
States had failed to submit SIPs meeting the requirements of section 
110(a)(2)(D). The SIPs were due in July 2000, three years after the 
promulgation of the 8-hour ozone and PM2.5 NAAQS. These 
findings started a two-year clock for EPA to promulgate a FIP to 
address the requirements of section 110(a)(2)(D). Under CAA section 
110(c)(1), EPA may issue a FIP anytime after such findings are made, 
and must do so within two years unless EPA has approved a SIP revision 
correcting the deficiency before the FIP is promulgated.
    On April 28, 2006, EPA promulgated FIPs for all States covered by 
CAIR to ensure that the emissions reductions required by CAIR are 
achieved on schedule. The CAIR FIPs require electric generating units 
(EGUs) to participate in the EPA-administered CAIR SO2, 
NOX annual, and NOX ozone season trading 
programs, as appropriate. The CAIR FIP trading programs impose 
essentially the same requirements as, and are integrated with, the 
respective CAIR SIP trading programs. The integration of the FIP and 
SIP trading programs means that these trading programs will work 
together to create a single trading program for each regulated 
pollutant (SO2, NOX annual, and NOX 
ozone season) in all States covered by CAIR FIP or SIP trading programs 
for that pollutant. Further, as provided in a rule published by EPA on 
November 2, 2007 (72 FR 62338), a State's CAIR FIP is automatically 
withdrawn when EPA approves a SIP revision as fully meeting the 
requirements of CAIR. Where only portions of the SIP revision are 
approved, the corresponding portions of the FIPs are automatically 
withdrawn and the remaining portions of the FIP stay in place. Finally, 
the CAIR FIPs also allow States to submit abbreviated SIP revisions 
that, if approved by EPA, automatically replace or supplement

[[Page 41639]]

certain CAIR FIP provisions (e.g., the methodology for allocating 
NOX allowances to sources in the State), while the CAIR FIP 
remains in place for all other provisions.
    On October 19, 2007, EPA amended CAIR and the CAIR FIPs to clarify 
the definition of ``cogeneration unit'' and, thus, the applicability of 
the CAIR trading program to cogeneration units.
    EPA was sued by a number of parties on various aspects of CAIR, and 
on July 11, 2008, the U.S. Court of Appeals for the District of 
Columbia Circuit issued its decision to vacate and remand both CAIR and 
the associated CAIR FIPs in their entirety. North Carolina v. EPA, 531 
F.3d 836 (DC Cir. Jul. 11, 2008). However, in response to EPA's 
petition for rehearing, the Court issued an order remanding CAIR to EPA 
without vacating either CAIR or the CAIR FIPs. North Carolina v. EPA, 
550 F.3d 1176 (DC Cir. Dec. 23, 2008). The Court thereby left CAIR in 
place in order to ``temporarily preserve the environmental values 
covered by CAIR'' until EPA replaces it with a rule consistent with the 
Court's opinion. Id. at 1178. The Court directed EPA to ``remedy CAIR's 
flaws'' consistent with its July 11, 2008, opinion, but declined to 
impose a schedule on EPA for completing that action. Id. Therefore, 
because EPA has not fully approved any CAIR SIP for Michigan, CAIR and 
the CAIR FIP are currently in effect in Michigan.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR, which establishes State-wide emission budgets for 
SO2 and NOX, is to be implemented in two phases. 
The first phase of NOX reductions starts in 2009 and 
continues through 2014, while the first phase of SO2 
reductions starts in 2010 and continues through 2014. The second phase 
of reductions for both NOX and SO2 starts in 2015 
and continues thereafter. CAIR requires States to implement the budgets 
by either: (1) Requiring EGUs to participate in the EPA-administered 
cap-and-trade programs; or (2) adopting other control measures of the 
State's choosing and demonstrating that such control measures will 
result in compliance with the applicable State SO2 and 
NOX budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model 
rules that States must adopt (with certain limited changes, if desired) 
if they want to participate in the EPA-administered trading programs.
    With two exceptions, only States that choose to meet the 
requirements of CAIR through methods that exclusively regulate EGUs are 
allowed to participate in the EPA-administered trading programs. One 
exception is for States that adopt the opt-in provisions of the model 
rules to allow non-EGUs individually to opt into the EPA-administered 
trading programs. The other exception is for States that include all 
non-EGUs from their NOX SIP Call trading programs into their 
CAIR NOX ozone season trading programs.

IV. What Are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures 
they will use to meet the requirements of CAIR. EPA anticipates that 
most States will choose to meet the CAIR requirements by selecting an 
option that requires EGUs to participate in the EPA-administered CAIR 
cap-and-trade programs. For such States, EPA has provided two 
approaches for submitting and obtaining approval for CAIR SIP 
revisions. States may submit full SIP revisions that adopt the model 
CAIR cap-and-trade rules. If approved, these SIP revisions will fully 
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP 
revisions. These SIP revisions will not replace the CAIR FIPs; however, 
the CAIR FIPs provide that, when approved, the provisions in these 
abbreviated SIP revisions will be used instead of, or, if appropriate, 
in conjunction with the corresponding provisions of the CAIR FIPs 
(e.g., the NOX allowance allocation methodology).
    Michigan has submitted its CAIR SIP submittals as an abbreviated 
CAIR SIP.

V. Analysis of Michigan's CAIR SIP Submittals

A. History of the July 16, 2007, Submittal

    EPA conditionally approved Michigan's July 16, 2007, submittal on 
December 20, 2007 (72 FR 72256). Due to the uncertainty created by the 
Court's decisions to vacate and then remand CAIR, Michigan was unable 
to complete the rulemaking process and address the requirements of 
EPA's conditional approval by the December 20, 2008, deadline, and the 
conditional approval automatically converted to a disapproval on that 
date. Therefore, we are providing the required notice that the July 16, 
2007, submittal automatically converted to a disapproval without 
further action by EPA because the December 20, 2008, deadline passed. 
As provided in the conditional approval, we are publishing a notice 
informing the public of the disapproval. On April 13, 2009, MDEQ 
submitted a SIP revision addressing the issues from the December 20, 
2007, conditional approval. However, because of the disapproval of the 
July 16, 2007, submittal, in a letter dated May 7, 2009, Michigan 
requested that EPA consider the July 16, 2007, submittal and the April 
13, 2009, submittal together as fully meeting the CAIR requirements. At 
the time Michigan submitted the April 13, 2009 SIP revision request, 
the rule revisions were not completely adopted by the State; therefore, 
MDEQ requested that EPA parallel process the submittal. On June 10, 
2009, MDEQ submitted fully adopted rules for approval.

B. Analysis of the July 16, 2007, and June 10, 2009, Submittals

    The rationale for now approving Michigan's July 16, 2007, submittal 
is the same as when we originally conditionally approved it. (Please 
see the original proposal and final notices for the analysis of that 
submittal, 72 FR 52038 and 72 FR 72256, respectively.)
    EPA identified several minor deficiencies in Michigan's July 16, 
2007, rules. In the June 10, 2009, submittal, MDEQ corrects the 
deficiencies identified by EPA, corrects other typographical errors, 
and clarifies portions of the rule. These minor deficiencies and the 
manner in which MDEQ corrected each deficiency are as follows:
    1. In the December 20, 2007, conditional approval, EPA stated ``in 
rule 803(3), Michigan needs to add a definition for `commence 
operation.' This definition, and the revised definition of `commence 
commercial operation,' are necessary to take account of NOX 
SIP Call units brought into the CAIR NOX ozone season 
trading program that do not generate electricity for sale and to ensure 
that they have appropriate deadlines for certification of monitoring 
systems under 40 CFR Part 97.''
    Correction: MDEQ has added the definition of ``commence operation'' 
and has also revised the definition of ``commence commercial 
operation.'' Both definitions now adopt by reference the definitions 
found in 40 CFR 97.102 and 40 CFR 97.302. Adopting these definitions 
ensures consistency with EPA definitions and addresses the deficiency.
    2. In the December 20, 2007, conditional approval, EPA stated ``in 
rule 803(3)(c), Michigan needs to revise the definition for `commence 
commercial operation,' as described in Condition 1, above.''
    Correction: Corrected as described above for deficiency 1.

[[Page 41640]]

    3. In the December 20, 2007, conditional approval, EPA stated ``in 
rule 803(3)(d)(ii), Michigan needs to revise the definition of 
`electric generating unit' or `EGU.' EPA interprets Michigan's current 
rule 803 as properly including in the CAIR NOx ozone season trading 
program all EGUs in Michigan that were subject to the NOx SIP Call 
trading program. Michigan must revise the rule to clarify that all EGUs 
in Michigan that were subject to the NOx SIP Call trading program are 
included in the CAIR NOx ozone season trading program.''
    Correction: MDEQ has added language to clarify that all EGUs in 
Michigan that were subject to the NOx SIP Call trading program are 
included in the CAIR NOx ozone season trading program.
    4. In the December 20, 2007, conditional approval, EPA stated, ``in 
rule 823(5)(c), Michigan needs to reference `subrule (1)(a), (b), (c), 
and (d)' of the rule. While EPA interprets Michigan's current rule as 
limiting the new unit set-aside allocations to the amount of allowances 
in the set-aside, Michigan must revise this provision to clarify the 
mechanism for implementing this limitation on such allocations.''
    Correction: MDEQ has changed this provision to correctly reference 
subrule (1)(a), (b), (c) and (d) of the rule.
    MDEQ has made other changes that correct terminology and 
typographical errors. MDEQ has also clarified language in parts of the 
rule and in the submittal letter. These changes are in addition to the 
changes required by EPA for approval but they do not significantly 
alter the rule and are, therefore, also being approved.

VI. Disapproval Notice and Approval Action

    EPA is providing notice that Michigan's July 16, 2007, abbreviated 
CAIR SIP submittal was automatically disapproved because MDEQ did not 
meet the December 20, 2008, deadline to correct certain deficiencies. 
This disapproval is inconsequential because EPA is approving both the 
July 16, 2007 and the June 10, 2009, submittals, in combination, as 
meeting the CAIR requirements. The June 10, 2009, submittal makes the 
required changes to Michigan's CAIR SIP and also makes additional minor 
changes to Michigan's CAIR rule that correct typographical errors and 
that clarify Michigan's CAIR rule.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the State plan if relevant adverse 
written comments are filed. This rule will be effective October 19, 
2009 without further notice unless we receive relevant adverse written 
comments by September 17, 2009. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective October 19, 2009.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves State law as meeting Federal requirements and would 
impose no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule would not have 
a significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because 
this action approves pre-existing requirements under State law and 
would not impose any additional enforceable duty beyond that required 
by State law, it 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).
    This rule also does not have Tribal implications because it would 
not have a substantial direct effect on one or more Indian Tribes, on 
the relationship between the Federal Government and Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it would not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a State rule 
implementing a Federal standard and to amend the appropriate appendices 
in the CAIR FIP trading rules to note that approval. It does not alter 
the relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it would approve a State rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272, note) do not apply. This rule would not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects in 40 CFR Part 52

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

    Dated: August 4, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart X--Michigan

0
2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by revising entries in Part 
8 ``R 336.1802a'', ``R 336.1803'', ``R 336.1821 through R

[[Page 41641]]

336.1826'', and ``R 336.1830 through 336.1834'' and adding entry ``R 
336.1801'' in Part 8 to read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
       Michigan citation                  Title           effective date   EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
R 336.1801.....................  Emission of oxides of           5/28/09  8/18/09, [Insert
                                  nitrogen from non-sip                    page number where
                                  call stationary                          the document
                                  sources.                                 begins].
R 336.1802a....................  Adoption by reference..         5/28/09  8/18/09, [Insert
                                                                           page number where
                                                                           the document
                                                                           begins].
R 336.1803.....................  Definitions............         5/28/09  8/18/09, [Insert
                                                                           page number where
                                                                           the document
                                                                           begins].
R 336.1821.....................  CAIR NOX ozone and              5/28/09  8/18/09, [Insert
                                  annual trading                           page number where
                                  programs;                                the document
                                  applicability                            begins].
                                  determinations.
R 336.1822.....................  CAIR NOX ozone season           5/28/09  8/18/09, [Insert
                                  trading program;                         page number where
                                  allowance allocations.                   the document
                                                                           begins].
R 336.1823.....................  New EGUs, new non-EGUs,         5/28/09  8/18/09, [Insert
                                  and newly affected                       page number where
                                  EGUs under CAIR NOX                      the document
                                  ozone season trading                     begins].
                                  program; allowance
                                  allocations.
R 336.1824.....................  CAIR NOX ozone season           6/25/07  8/18/09, [Insert
                                  trading program;                         page number where
                                  hardship set-aside.                      the document
                                                                           begins].
R 336.1825.....................  CAIR NOX ozone season           6/25/07  8/18/09, [Insert
                                  trading program;                         page number where
                                  renewable set-aside.                     the document
                                                                           begins].
R 336.1826.....................  CAIR NOX ozone season           6/25/07  8/18/09, [Insert
                                  trading program; opt-                    page number where
                                  in provisions.                           the document
                                                                           begins].
R 336.1830.....................  CAIR NOX annual trading         5/28/09  8/18/09, [Insert
                                  program; allowance                       page number where
                                  allocations.                             the document
                                                                           begins].
R 336.1831.....................  New EGUs under CAIR NOX         5/28/09  8/18/09, [Insert
                                  annual trading                           page number where
                                  program; allowance                       the document
                                  allocations.                             begins].
R 336.1832.....................  CAIR NOX annual trading         5/28/09  8/18/09, [Insert
                                  program; hardship set-                   page number where
                                  aside.                                   the document
                                                                           begins].
R 336.1833.....................  CAIR NOX annual trading         5/28/09  8/18/09, [Insert
                                  program; compliance                      page number where
                                  supplement pool.                         the document
                                                                           begins].
R 336.1834.....................  Opt-in provisions under         6/25/07  8/18/09, [Insert
                                  the CAIR NOX annual                      page number where
                                  trading program.                         the document
                                                                           begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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[FR Doc. E9-19805 Filed 8-17-09; 8:45 am]
BILLING CODE 6560-50-P