Air Plan Approval; Indiana; Cross-State Air Pollution Rule, 64472-64478 [2018-26920]
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations
(e) * * *
NEW HAMPSHIRE NONREGULATORY
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
*
*
Amendment to New Hampshire
2010 Sulfur Dioxide NAAQS Infrastructure SIP to Address the
Good Neighbor Requirements of
Clean
Air
Act
Section
110(a)(2)(D)(i)(I).
*
*
Statewide .......................................
[FR Doc. 2018–27171 Filed 12–14–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0700; FRL–9987–75–
Region 5]
Air Plan Approval; Indiana; CrossState Air Pollution Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
submittal concerning the Cross-State Air
Pollution Rule (CSAPR) that was
submitted by Indiana on November 27,
2017 as a revision to the Indiana state
implementation plan (SIP). Under
CSAPR, large electricity generating units
(EGUs) in Indiana are currently subject
to Federal implementation plans (FIPs)
requiring the units to participate in
CSAPR’s Federal trading program for
annual emissions of nitrogen oxides
(NOX), one of CSAPR’s two Federal
trading programs for annual emissions
of sulfur dioxide (SO2), and one of
CSAPR’s two Federal trading programs
for ozone season emissions of NOX. This
action approves the State’s regulations
requiring large Indiana EGUs to
participate in new CSAPR state trading
programs for annual NOX, annual SO2,
and ozone season NOX emissions
integrated with the CSAPR Federal
trading programs, replacing the
corresponding FIP requirements. EPA is
approving the State’s submission
because it meets the requirements of the
Clean Air Act (CAA or Act) and EPA’s
regulations for approval of a CSAPR full
SIP revision replacing the requirements
of a CSAPR FIP. Under the CSAPR
regulations, approval of the SIP revision
automatically eliminates Indiana’s
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SUMMARY:
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State
submittal
date/
effective date
EPA approved date
6/16/2017
*
*
12/17/2018 [Insert Federal Register citation]
units’ requirements under the
corresponding CSAPR FIPs addressing
Indiana’s interstate transport (or ‘‘good
neighbor’’) obligations with respect to
the 1997 fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS), the 2006 PM2.5 NAAQS, the
1997 ozone NAAQS, and the 2008
ozone NAAQS. Like the CSAPR FIP
requirements that are being replaced,
approval of the SIP revision fully
satisfies Indiana’s good neighbor
obligations with respect to attainment
and maintenance of the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, and
the 1997 ozone NAAQS and partially
satisfies Indiana’s good neighbor
obligation with respect to attainment
and maintenance of the 2008 ozone
NAAQS. EPA proposed approval of the
State’s submission on August 14, 2018.
Explanations
*
FOR FURTHER INFORMATION CONTACT:
Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–9401,
arra.sarah@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:
I. Overview
II. Background on CSAPR and CSAPRRelated SIP Revisions
III. Indiana’s SIP Submittal and EPA’s
Analysis
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
DATES:
I. Overview
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0700. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 through
www.regulations.gov or at the
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 Federal holidays. We
recommend that you telephone Sarah
Arra, Environmental Scientist, at (312)
886–9401 before visiting the Region 5
office.
EPA is approving a November 27,
2017 submittal as a revision to the
Indiana SIP to include CSAPR state
trading programs for annual emissions
of NOX and SO2 and ozone season
emissions of NOX. Large EGUs in
Indiana are subject to CSAPR FIPs that
require the units to participate in the
Federal CSAPR NOX Annual Trading
Program, the Federal CSAPR SO2 Group
1 Trading Program, and the Federal
CSAPR NOX Ozone Season Group 2
Trading Program. CSAPR provides a
process for the submission and approval
of SIP revisions to replace the
requirements of CSAPR FIPs with SIP
requirements under which a state’s
units participate in CSAPR state trading
programs that are integrated with and,
with certain permissible exceptions,
substantively identical to the CSAPR
Federal trading programs.
The submission incorporates into
Indiana’s SIP state trading program
regulations for annual NOX, annual SO2,
and ozone season NOX emissions that
replace EPA’s Federal trading program
regulations for these emissions from
This final rule is effective on
December 17, 2018.
ADDRESSES:
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Indiana units. EPA is approving the
submission as a SIP revision because it
meets the requirements of the CAA and
EPA’s regulations for approval of a
CSAPR full SIP revision replacing a
Federal trading program with a state
trading program that is integrated with
and substantively identical to the
Federal trading program. Under the
CSAPR regulations, approval of the
submission as a SIP revision
automatically eliminates the obligations
of large EGUs in Indiana to participate
in CSAPR’s Federal trading programs for
annual NOX, annual SO2, and ozone
season NOX emissions under the
corresponding CSAPR FIPs. EPA finds
that approval of the SIP revision fully
satisfies Indiana’s obligations pursuant
to the ‘‘good neighbor’’ provisions of
CAA section 110(a)(2)(D)(i)(I) to prohibit
emissions which will significantly
contribute to nonattainment or interfere
with maintenance of the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, and
the 1997 ozone NAAQS in any other
state and partially satisfies Indiana’s
corresponding obligation with respect to
the 2008 ozone NAAQS.
Approval of the submission as a SIP
revision also removes from Indiana’s
SIP most of the State’s rules
implementing the discontinued Clean
Air Interstate Rule (CAIR) trading
programs, including all of the State’s
rules for the annual NOX and annual
SO2 trading programs and portions of
the State’s rule for the ozone season
NOX trading program. The discontinued
CAIR state trading programs established
under these rules have been replaced by
CSAPR trading programs for the affected
EGUs.
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II. Background on CSAPR and CSAPRRelated SIP Revisions
EPA issued CSAPR 1 in 2011 and the
CSAPR Update 2 in 2016 to address the
requirements of CAA section
110(a)(2)(D)(i)(I) concerning interstate
transport of air pollution. As amended
(including by the CSAPR Update),
CSAPR requires 27 eastern states to
limit their statewide emissions of SO2
and/or NOX in order to mitigate
transported air pollution unlawfully
impacting other states’ ability to attain
or maintain four NAAQS: The 1997
annual PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, the 1997 ozone NAAQS,
1 Federal Implementation Plans; Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through EEEEE of 40
CFR part 97).
2 Cross-State Air Pollution Rule Update for the
2008 Ozone NAAQS, 81 FR 74504 (October 26,
2016).
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and the 2008 ozone NAAQS. The
CSAPR emissions limitations are
defined in terms of maximum statewide
‘‘budgets’’ for emissions of annual SO2,
annual NOX, and/or ozone season NOX
by each covered state’s large EGUs. The
CSAPR state budgets are implemented
in two phases of generally increasing
stringency: The Phase 1 budgets apply
to emissions in 2015 and 2016; and the
Phase 2 and CSAPR Update budgets
apply to emissions in 2017 and later
years. As a mechanism for achieving
compliance with the emissions
limitations, CSAPR establishes five
Federal emissions trading programs: A
program for annual NOX emissions; two
geographically separate programs for
annual SO2 emissions; and two
geographically separate programs for
ozone season NOX emissions. CSAPR
also establishes FIP requirements
applicable to the large EGUs in each
covered state.3 Currently, the CSAPR
FIP provisions require each state’s units
to participate in up to three of the five
CSAPR trading programs.
CSAPR includes provisions under
which states may submit and EPA will
approve SIP revisions to modify or
replace the CSAPR FIP requirements
while allowing states to continue to
meet their transport-related obligations
using either CSAPR’s Federal emissions
trading programs or state emissions
trading programs integrated with the
Federal programs, provided that the SIP
revisions meet all relevant criteria.4
Through such a SIP revision, a state may
replace EPA’s default provisions for
allocating emission allowances among
the state’s units, employing any stateselected methodology to allocate or
auction the allowances, subject to
timing conditions and limits on overall
allowance quantities. In the case of
CSAPR’s Federal trading programs for
ozone season NOX emissions (or an
integrated state trading program), a state
may also expand trading program
applicability to include certain smaller
EGUs.5 If a state wants to replace the
CSAPR FIP requirements with SIP
requirements under which the state’s
3 States are required to submit good neighbor SIPs
three years after a NAAQS is promulgated. CAA
section 110(a)(1) and (2). Where EPA finds that a
state fails to submit a required SIP or disapproves
a SIP, EPA is obligated to promulgate a FIP
addressing the deficiency. CAA section 110(c).
4 See 40 CFR 52.38, 52.39. States also retain the
ability to submit SIP revisions to meet their
transport-related obligations using mechanisms
other than the CSAPR federal trading programs or
integrated state trading programs.
5 States covered by both the CSAPR Update and
the NOX SIP Call have the additional option to
expand applicability under the CSAPR NOX Ozone
Season Group 2 Trading Program to include nonEGUs that would have participated in the NOX
Budget Trading Program.
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units participate in a state trading
program that is integrated with and
identical to the Federal trading program
even as to the allocation and
applicability provisions, the state may
submit a SIP revision for that purpose
as well. However, no emissions budget
increases or other substantive changes
to the trading program provisions are
allowed. A state whose units are subject
to multiple CSAPR Federal trading
programs may submit SIP revisions to
modify or replace the FIP requirements
with respect to some or all of those
trading programs.
States can submit two basic forms of
CSAPR-related SIP revisions effective
for emissions control periods in 2017 or
later years.6 Specific conditions for
approval of each form of SIP revision
are set forth in the CSAPR regulations.
Under the first alternative—an
‘‘abbreviated’’ SIP revision—a state may
submit a SIP revision that upon
approval replaces the default allowance
allocation and/or applicability
provisions of a CSAPR Federal trading
program for the state.7 Approval of an
abbreviated SIP revision leaves the
corresponding CSAPR FIP and all other
provisions of the relevant Federal
trading program in place for the state’s
units.
Under the second alternative—a
‘‘full’’ SIP revision—a state may submit
a SIP revision that upon approval
replaces a CSAPR Federal trading
program for the state with a state trading
program integrated with the Federal
trading program, so long as the state
trading program is substantively
identical to the Federal trading program
or does not substantively differ from the
Federal trading program except as
discussed above with regard to the
allowance allocation and/or
applicability provisions.8 For purposes
of a full SIP revision, a state may either
adopt state rules with complete trading
program language, incorporate the
Federal trading program language into
its state rules by reference (with
appropriate conforming changes), or
employ a combination of these
approaches.
The CSAPR regulations identify
several important consequences and
limitations associated with approval of
a full SIP revision. First, upon EPA’s
approval of a full SIP revision as
correcting the deficiency in the state’s
6 CSAPR also provides for a third, more
streamlined form of SIP revision that is effective
only for control periods in 2016 (or 2018 for CSAPR
NOX Ozone Season Group 2 units) and is not
relevant here. See § 52.38(a)(3), (b)(3), (b)(7);
§ 52.39(d), (g).
7 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
8 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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SIP that was the basis for a particular set
of CSAPR FIP requirements, the
obligation to participate in the
corresponding CSAPR Federal trading
program is automatically eliminated for
units subject to the state’s jurisdiction
without the need for a separate EPA
withdrawal action, so long as EPA’s
approval of the SIP revision as meeting
the requirements of the CSAPR
regulations is full and unconditional.9
Second, approval of a full SIP revision
does not terminate the obligation to
participate in the corresponding CSAPR
Federal trading program for any units
located in any Indian country within the
borders of the state, and if and when a
unit is located in Indian country within
a state’s borders, EPA may modify the
SIP approval to exclude from the SIP,
and include in the surviving CSAPR FIP
instead, certain trading program
provisions that apply jointly to units in
the state and to units in Indian country
within the state’s borders.10 Finally, if at
the time a full SIP revision is approved
EPA has already started recording
allocations of allowances for a given
control period to a state’s units, the
Federal trading program provisions
authorizing EPA to complete the process
of allocating and recording allowances
for that control period to those units
will continue to apply, unless EPA’s
approval of the SIP revision provides
otherwise.11
In the CSAPR rulemaking, EPA
determined that air pollution
transported from Indiana would
unlawfully affect other states’ ability to
attain or maintain the 1997 PM2.5
NAAQS, the 2006 24-hour PM2.5
NAAQS, and the 1997 ozone NAAQS
and therefore included the State’s EGUs
in the CSAPR Federal trading programs
for SO2 and annual NOX (to address the
State’s obligations regarding transported
PM2.5 pollution) and the original CSAPR
Federal trading program for ozone
season NOX (to address the State’s
obligations regarding transported ozone
pollution).12 In the CSAPR Update
rulemaking, EPA determined that air
pollution transported from Indiana
would unlawfully affect other states’
ability to attain or maintain the 2008
ozone NAAQS, established a more
stringent ozone season NOX budget for
the State’s EGUs, and coordinated
requirements by allowing compliance
with the new budget to address the
State’s obligations regarding transported
CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
CFR 52.38(a)(5)(iv)–(v), (a)(6), (b)(5)(v)–(vi),
(b)(9)(vi)–(vii), (b)(10)(i); 52.39(f)(4)–(5), (i)(4)–(5),
(j).
11 40 CFR 52.38(a)(7), (b)(11); 52.39(k).
12 76 FR at 48210, 48213.
pollution with respect to both the 1997
ozone NAAQS and the 2008 ozone
NAAQS.13 Indiana’s EGUs meeting the
CSAPR applicability criteria are
consequently subject to CSAPR FIP
requirements to participate in the
CSAPR SO2 Group 1 Trading Program,
the CSAPR NOX Annual Trading
Program, and the CSAPR NOX Ozone
Season Group 2 Trading Program.14 In
the original CSAPR rulemaking, EPA
found that the EGUs’ participation in
the SO2 and annual NOX Federal trading
programs fully addresses Indiana’s good
neighbor obligations with respect to
attainment and maintenance of the 1997
PM2.5 NAAQS and the 2006 PM2.5
NAAQS.15 In the CSAPR Update
rulemaking, EPA found that the EGUs’
participation in the ozone season NOX
Federal trading program fully addresses
Indiana’s good neighbor obligations
with respect to attainment and
maintenance of the 1997 ozone NAAQS
and partially, but not necessarily fully,
addresses the State’s good neighbor
obligation with respect to attainment
and maintenance of the 2008 ozone
NAAQS.16
III. Indiana’s SIP Submittal and EPA’s
Analysis
On November 27, 2017, Indiana
submitted to EPA provisions that, if
approved, would incorporate into
Indiana’s SIP state trading program
regulations for Indiana’s EGUs that
would replace the CSAPR Federal
trading program regulations with regard
to the units’ SO2, annual NOX, and
ozone season NOX emissions. The SIP
submittal consists of Indiana Rules 326
IAC 24–5, 326 IAC 24–6, and 326 IAC
24–7. In general, each of Indiana’s
CSAPR state trading program rules are
designed to replace the corresponding
Federal trading program regulations. For
example, Indiana Rule 326 IAC 24–5
(Nitrogen Oxides (NOX) Annual Trading
Program) is designed to replace subpart
AAAAA of 40 CFR part 97 (i.e., 40 CFR
97.401 through 97.435). In a letter to
EPA dated June 11, 2018, Indiana
clarified its interpretation of certain
provisions in its three rules, including
identification of some minor textual
errors that it may correct in subsequent
amendments.
Indiana also requests in its
submission the removal from the SIP of
the State’s rules for the CAIR state
trading programs for annual NOX and
SO2 at 326 IAC 24–1 and 24–2,
9 40
10 40
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13 81
FR at 74506, 74563 n.169.
CFR 52.38(a)(2)(i), (b)(2)(ii); 52.39(b); see
also 40 CFR 52.789(a)(1), (b)(2); 40 CFR 52.790(a).
15 76 FR at 48210.
16 81 FR at 74506–08.
14 40
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respectively, and sections 3, 5 through
10, and 12 of the State’s rule at 326 IAC
24–3 for the CAIR state trading program
for ozone season NOX.17
In a notice of proposed rulemaking
published on August 14, 2018 (83 FR
40184), EPA proposed to approve
Indiana’s November 27, 2017 SIP
submittal (as clarified in the State’s June
11, 2018 letter) designed to replace the
CSAPR Federal trading programs. EPA
noted that approval of the SIP revision
would automatically eliminate Indiana’s
EGUs’ requirements under the CSAPR
FIPs and would fully satisfy Indiana’s
good neighbor obligations with respect
to attainment and maintenance of the
1997 PM2.5 NAAQS, the 2006 PM2.5
NAAQS, and the 1997 ozone NAAQS
and would partially satisfy Indiana’s
good neighbor obligations with respect
to attainment and maintenance of the
2008 ozone NAAQS. EPA also proposed
to approve the requested removal of the
identified portions of the State’s CAIR
rules, noting that the CAIR trading
programs have been replaced by CSAPR
trading programs for affected EGUs. The
proposed rulemaking provides
additional detail regarding the
background and rationale for EPA’s
action.
Comments on the proposal were due
on or before September 13, 2018. EPA
received four sets of comments, only
one of which substantively addressed
the contents of the proposal; EPA’s
response is below.
The State of Maryland submitted a
comment on a matter that is separate
from this action. It is related to EPA’s
June 29, 2018 proposed determination
that compliance with the ozone season
NOX budgets established in the CSAPR
Update represents a full rather than
partial remedy for the good neighbor
obligations of 20 states, including
Indiana, with respect to attainment and
maintenance of the 2008 ozone
NAAQS.18 In the proposal for this
action, EPA stated that if the June 29,
2018 proposed determination is
finalized as proposed, then approval of
Indiana’s CSAPR SIP revision would
fully address the State’s good neighbor
obligation with respect to attainment
and maintenance of the 2008 ozone
NAAQS.19 The State of Maryland
17 In the SIP submittal, Indiana also requested
approval of a revision to 326 IAC 26–1–5 replacing
reliance on CAIR in the State’s Regional Haze
program with reliance on CSAPR. EPA will act on
this request in a separate rulemaking.
18 Determination Regarding Good Neighbor
Obligations for the 2008 Ozone National Ambient
Air Quality Standard, 83 FR 31915 (July 10, 2018).
19 83 FR at 40185 n.2, 40191 n.33.
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disagreed with these statements.20 The
comments are outside the scope of this
action because EPA has not finalized the
June 29, 2018 proposed
determination.21
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IV. Final Action
EPA is approving Indiana’s November
27, 2017, SIP submittal (as clarified in
Indiana’s June 11, 2018 letter)
concerning the establishment for
Indiana units of CSAPR state trading
programs for SO2, annual NOX, and
ozone season NOX emissions. The
revision adopts into the SIP the State
trading program rules codified at 326
IAC 24–5 (Nitrogen Oxides (NOX)
Annual Trading Program), 326 IAC 24–
6 (Nitrogen Oxides (NOX) Ozone Season
Group 2 Trading Program), and 326 IAC
24–7 (Sulfur Dioxide (SO2) Group 1
Trading Program).
These Indiana CSAPR state trading
programs will be integrated with the
Federal CSAPR NOX Annual Trading
Program, CSAPR NOX Ozone Season
Group 2 Trading Program, and CSAPR
SO2 Group 1 Trading Program,
respectively, and are substantively
identical to the Federal trading
programs except with regard to the
allowance allocation provisions.
Following approval of these portions of
the SIP revision, Indiana units therefore
will generally be required to meet
requirements under Indiana’s CSAPR
state trading programs equivalent to the
requirements the units otherwise would
have been required to meet under the
corresponding CSAPR Federal trading
programs, but allocations to Indiana
units of CSAPR NOX Annual, CSAPR
NOX Ozone Season Group 2, and
CSAPR SO2 Group 1 allowances for
control periods in 2021 and later years
will be determined according to the
SIP’s allocation provisions in Indiana’s
rules instead of the default allocation
provisions under the Federal trading
program regulations. EPA is approving
the SIP revision because they meet the
requirements of the CAA and EPA’s
regulations for approval of a CSAPR full
SIP revision replacing a Federal trading
program with a state trading program
20 Comments of Maryland Dept. of the
Environment (September 13, 2018), EPA–R05–
OAR–2017–0700–0008.
21 Maryland’s comments also cite a State
submittal from Indiana dated March 29, 2018 that
seeks to fully address the State’s good neighbor
obligations with respect to attainment and
maintenance of the 2008 ozone NAAQS, relying in
part on the CSAPR state trading program rules that
are being approved into the SIP in this final action.
Although the State’s March 2018 submittal has been
made available in the docket for this action (EPA–
R05–OAR–2017–0700–0003), EPA is not acting on
the March 2018 submittal at this time and is not
relying on information in that submittal to support
this final action.
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that is integrated with and substantively
identical to the Federal trading program
except for permissible differences with
respect to emission allowance allocation
provisions.
Under the CSAPR regulations, upon
EPA’s full and unconditional approval
of a SIP revision as correcting the SIP’s
deficiency that is the basis for particular
CSAPR FIP requirements, the obligation
to participate in the corresponding
CSAPR Federal trading program is
automatically eliminated for units
subject to the state’s jurisdiction (but
not for any units located in any Indian
country within the state’s borders).22
EPA promulgated the FIP provisions
requiring Indiana units to participate in
the Federal CSAPR SO2 Group 1,
CSAPR NOX Annual, and CSAPR NOX
Ozone Season Group 2 trading programs
in order to address a lack of provisions
in Indiana’s SIP addressing the State’s
obligations under CAA section
110(a)(2)(D)(i)(I) with respect to the
1997 PM2.5 NAAQS, the 2006 PM2.5
NAAQS, the 1997 ozone NAAQS, and
the 2008 ozone NAAQS. As noted in
section II of this action, EPA has
previously found that the CSAPR FIP
requirements represent a full remedy for
Indiana’s obligations with respect to the
first three of these NAAQS and a partial,
but not necessarily full, remedy for the
State’s obligations with respect to the
2008 ozone NAAQS. Approval of the
portions of Indiana’s SIP submittal
adopting CSAPR state trading program
rules substantively identical to the
corresponding CSAPR Federal trading
program regulations (or differing only
with respect to the allowance allocation
methodology) similarly satisfies
Indiana’s obligations pursuant to CAA
section 110(a)(2)(D)(i)(I) to prohibit
emissions which will significantly
contribute to nonattainment or interfere
with maintenance of the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, and
the 1997 ozone NAAQS in any other
state, and partially satisfies Indiana’s
obligation pursuant to CAA section
110(a)(2)(D)(i)(I) to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 2008 ozone NAAQS
in any other state. Thus, the approval
corrects the same deficiencies in the SIP
that otherwise would be corrected by
the CSAPR FIP requirements. Due to
this, EPA is fully approving Indiana’s
infrastructure SIP obligation under CAA
section 110(a)(2)(D)(i)(I) for the 1997
PM2.5 NAAQS, 2006 PM2.5 NAAQS, and
1997 ozone NAAQS (prongs 1 and 2)
and is issuing a limited approval on this
22 40 CFR 52.38(a)(6), (b)(10); 40 CFR 52.39(j); see
also 40 CFR 52.789(a)(1), (b)(2); 40 CFR 52.790(a).
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64475
infrastructure element for the 2008
ozone NAAQS in today’s action.
The approval of the portions of
Indiana’s SIP submittal establishing
CSAPR state trading program rules
therefore also results in the automatic
termination of the obligations of Indiana
units to participate in the Federal
CSAPR SO2 Group 1, CSAPR NOX
Annual, and CSAPR NOX Ozone Season
Group 2 trading programs.
EPA is also approving the removal
from Indiana’s SIP of the State’s CAIR
rules codified at 326 IAC 24–1 (Clean
Air Interstate Rule Nitrogen Oxides
Annual Trading Program) and 326 IAC
24–2 (Clean Air Interstate Rule Sulfur
Dioxide Trading Program) and sections
3, 5 through 10, and 12 of the State’s
CAIR rule codified at 326 IAC 24–3
(Clean Air Interstate Rule NOX Ozone
Season Trading Program). The
discontinued CAIR state trading
programs established under the rule
provisions being removed have been
replaced by CSAPR trading programs for
the affected EGUs.
This final rule is effective
immediately upon publication in the
Federal Register. Section 553(d) of the
Administrative Procedure Act (5 U.S.C.
553(d)), which generally provides that
final rules may not take effect earlier
than 30 days after publication in the
Federal Register but allows exceptions
where an agency finds good cause and
publishes its finding with the rule,
applies to this action. Ordinarily, a 30day transition period before a new rule
takes effect would give affected parties
an opportunity to adjust their behavior
and prepare for compliance. However,
in this instance no transition period is
necessary because this rule does not
impose new requirements. Under
CSAPR’s existing requirements, on
March 1 of each year affected sources
must hold quantities of emissions
allowances not less than their emissions
during the prior year’s control period.
The CSAPR regulations provide for
default allocations to affected sources of
allowances eligible for use in meeting
this requirement. In this rule, in
accordance with options CSAPR makes
available to states, EPA is approving
into Indiana’s SIP the State’s rules
which include allocation provisions to
replace the default federally-established
allocations for control periods in 2021
and later years. The sooner this rule is
effective, the sooner allowances eligible
for use for the 2021 control period can
be issued to affected sources in Indiana
in the amounts determined under
Indiana’s rules, which will assist the
sources in planning to meet their March
1, 2022, compliance requirement. EPA
therefore finds good cause to make this
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V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana
Administrative Code provisions 326 IAC
24–5, 326 IAC 24–6, and 326 IAC 24–
7, effective on November 24, 2017. EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and at the
EPA Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.23
VI. 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. 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);
23 62
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 15, 2019. 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 section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: November 27, 2018.
James O. Payne,
Acting Regional Administrator, Region 5.
Part 52 of title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart A—General Provisions
§ 52.38
[Amended]
2. Section 52.38 is amended:
a. In paragraph (a)(8)(iii), by adding
after the text ‘‘Georgia,’’ the text
‘‘Indiana,’’; and
■ b. In paragraph (b)(13)(iv), by
removing the text ‘‘Alabama.’’ and
adding in its place the text ‘‘Alabama
and Indiana.’’.
■
■
§ 52.39
[Amended]
3. Section 52.39(l)(3) is amended by
removing the text ‘‘[none].’’ and adding
in its place the text ‘‘Indiana.’’.
■
Subpart P—Indiana
4. Section 52.770 is amended:
a. In the table in paragraph (c) by
revising the section ‘‘Article 24. Trading
Programs: Nitrogen Oxides (NOX) and
Sulfur Dioxide (SO2)’’; and
■ b. In the table in paragraph (e) by
revising the entries for ‘‘Section
110(a)(2) infrastructure requirements for
the 1997 8-Hour Ozone NAAQS’’,
‘‘Section 110(a)(2) infrastructure
requirements for the 1997 PM2.5
NAAQS’’, ’’Section 110(a)(2)
Infrastructure Requirements for the 2006
24-Hour PM2.5 NAAQS’’, and ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2008 ozone NAAQS’’.
The revisions read as follows:
■
■
§ 52.770
*
*
Identification of plan.
*
FR 27968 (May 22, 1997).
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
EPA approval date
*
*
*
*
*
Article 24. Trading Programs: Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2)
Rule 3. Clean Air Interstate Rule (CAIR) NOX Ozone Season Trading Program
24–3–1 .............
24–3–2 .............
24–3–4 .............
24–3–11 ...........
Applicability ...................................................................................
Definitions .....................................................................................
Standard requirements .................................................................
Monitoring and reporting requirements ........................................
2/25/2007
6/11/2009
2/25/2007
2/25/2007
Notes
*
11/29/2010,
11/29/2010,
11/29/2010,
11/29/2010,
75
75
75
75
FR
FR
FR
FR
72956
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72956
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citation]
[insert
citation]
[insert
citation]
[insert
citation]
[insert
citation]
[insert
citation]
[insert
citation]
Rule 5. Nitrogen Oxides (NOX) Annual Trading Program
24–5–1 .............
Applicability and incorporation by reference ................................
11/24/2017
24–5–2 .............
CSAPR NOX annual trading budget .............................................
11/24/2017
24–5–3 .............
CSAPR NOX annual allocation timing ..........................................
11/24/2017
24–5–4 .............
Baseline heat input and historic emissions ..................................
11/24/2017
24–5–5 .............
Existing unit allocations and adjustments ....................................
11/24/2017
24–5–6 .............
New unit allocations .....................................................................
11/24/2017
24–5–7 .............
Unallocated new unit set-aside allowances .................................
11/24/2017
Federal
Federal
Federal
Federal
Federal
Federal
Federal
Rule 6. Nitrogen Oxides (NOX) Ozone Season Group 2 Trading Program
24–6–1 .............
Applicability and incorporation by reference ................................
11/24/2017
24–6–2 .............
CSAPR NOX ozone season group 2 trading budget ...................
11/24/2017
24–6–3 .............
CSAPR NOX ozone season group 2 allocation timing ................
11/24/2017
24–6–4 .............
Baseline heat input and historic emissions ..................................
11/24/2017
24–6–5 .............
Existing unit allocations and adjustments ....................................
11/24/2017
24–6–6 .............
New unit allocations .....................................................................
11/24/2017
24–6–7 .............
Unallocated new unit set-aside allowances .................................
11/24/2017
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[insert
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12/17/2018
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12/17/2018
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12/17/2018
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citation]
[insert
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Federal
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Rule 7. Sulfur Dioxide (SO2) Group 1 Trading Program
24–7–1 .............
Applicability and incorporation by reference ................................
11/24/2017
24–7–2 .............
CSAPRSO2 group 1 trading budget .............................................
11/24/2017
24–7–3 .............
CSAPR SO2 group 1 allocation timing .........................................
11/24/2017
24–7–4 .............
Baseline heat input and historic emissions ..................................
11/24/2017
24–7–5 .............
Existing unit allocations and adjustments ....................................
11/24/2017
24–7–6 .............
New unit allocations .....................................................................
11/24/2017
24–7–7 .............
Unallocated new unit set-aside allowances .................................
11/24/2017
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EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Section 110(a)(2) infrastructure requirements for the 1997 8-Hour Ozone
NAAQS.
Section 110(a)(2) infrastructure requirements for the 1997 PM2.5 NAAQS.
*
*
12/7/2007, 9/19/2008, 3/23/2011, 4/7/
2011, and 11/24/2017.
Section 110(a)(2)
ments for the
NAAQS.
Section 110(a)(2)
ments for the
NAAQS.
Infrastructure Require2006 24-Hour PM2.5
10/20/2009, 6/25/2012, 7/12/2012, 5/
22/2013, and 11/24/2017.
Infrastructure Require2008 8-Hour Ozone
12/12/2011 and 11/24/2017 .................
*
12/7/2007, 9/19/2008, 3/23/2011, 4/7/
2011, and 11/24/2017.
*
*
*
*
12/17/2018 [insert
Federal Register citation].
12/17/2018 [insert
Federal Register citation].
12/17/2018 [insert
Federal Register citation].
12/17/2018 [insert
Federal Register citation].
I. Introduction
BILLING CODE 6560–50–P
Through this interpretive rule, the
Federal Maritime Commission is
clarifying its interpretation of the scope
of 46 U.S.C. 41102(c) (section 10(d)(1) of
the Shipping Act of 1984).1 Section
41102(c) provides that regulated entities
‘‘may not fail to establish, observe, and
enforce just and reasonable regulations
and practices relating to or connected
with receiving, handling, storing, or
delivering property.’’ This interpretive
rule clarifies that in order to violate
§ 41102(c), a regulated entity must
engage in an unjust or unreasonable
practice or regulation on a normal,
customary, and continuous basis.
46 CFR Part 545
[Docket No. 18–06]
RIN 3072–AC71
Interpretive Rule, Shipping Act of 1984
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission (FMC or Commission) is
revising its interpretation of the scope of
the Shipping Act prohibition against
failing to establish, observe, and enforce
just and reasonable regulations and
practices relating to or connected with
receiving, handling, storing, or
delivering property. Specifically, the
Commission is clarifying that the proper
scope of that prohibition in the
Shipping Act of 1984 and the conduct
covered by it is guided by the
Commission’s interpretation and
precedent articulated in several earlier
Commission cases, which require that a
regulated entity engage in a practice or
regulation on a normal, customary, and
continuous basis and that such practice
or regulation is unjust or unreasonable
in order to violate that section of the
Shipping Act.
DATES: This final rule is effective
December 17, 2018.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Secretary; Phone:
(202) 523–5725; Email: secretary@
fmc.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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II. NPRM and Summary of Comments
On September 7, 2018, the
Commission issued a Notice of
Proposed Rulemaking (NPRM) seeking
public comment on its proposed
interpretation.2 Five comments were
received in response to the NPRM,
which may be found at the Electronic
Reading Room on the Commission’s
website at https://www.fmc.gov/18-06/.
Comments were received from the
American Association of Port
Authorities (AAPA), New York New
Jersey Foreign Freight Forwarders and
Brokers Association (NYNJFFF&BA),
World Shipping Council (WSC),
International Trade Surety Association
(ITSA) and National Customs Brokers
and Forwarders Association of America
(NCBFAA). All five comments received
by the Commission were in support of
the rulemaking.
1 Some authorities cited herein refer to § 41102(c)
while others refer to section 10(d)(1). For ease of
reading, we will generally refer to § 41102(c) in
analyzing these authorities.
2 NPRM: Interpretive Rule, Shipping Act of 1984,
83 FR 45367 (Sept. 7, 2018).
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Explanation
*
*
All CAA infrastructure elements have
been approved except the visibility
portion of 110(a)(2)(D)(i)(II).
All CAA infrastructure elements have
been approved except the visibility
portion of 110(a)(2)(D)(i)(II).
All CAA infrastructure elements have
been approved except the visibility
portion of 110(a)(2)(D)(i)(II).
All CAA infrastructure elements have
been approved except the visibility
portion of 110(a)(2)(D)(i)(II) and a
limited approval for 110(a)(2)(D)(i)(I).
*
[FR Doc. 2018–26920 Filed 12–14–18; 8:45 am]
FEDERAL MARITIME COMMISSION
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*
*
In their submission, AAPA affirms
that the rule would bring the
Commission’s interpretation of the
Shipping Act’s prohibition on unjust
and unreasonable practices and
regulations in line with the plain
language meaning of the word
‘‘practice,’’ Commission precedent and
the intent of Congress. AAPA does not
believe that the rule would leave
potential claimants without remedies,
but that the rule would stop individual
instances better suited for resolution
under the Carriage of Goods by Sea Act
(COGSA) or other venue from being
brought to the Commission.
NYNJFFF&BA also agrees that the
intent of Congress and the plain
language reading of § 41102(c) support
this rulemaking. NYNJFFF&BA believes
that without this rule, ocean
transportation intermediaries (OTIs) are
at risk of violating the Shipping Act
over a single disagreement or accidental
misstep, and this risk hinders
resolutions through settlement.
NYNJFFF&BA argues that this rule
would limit the risk of frivolous claims
being brought and allow OTIs to operate
and settle claims more fairly and cost
effectively. NYNJFFF&BA contends that
claims that cannot be settled can still be
brought through other venues.3
In its comment, WSC notes that from
1935 to 2001, the Commission
precedent was in line with the
3 In addition to its comments on the current
interpretive rule, NYNJFFF&BA also encourages the
Commission to review other prohibitions in § 41102
as part of future interpretive rulemakings, alleging
that its members have been subject to penalties for
technical violations involving no injured parties
and that these investigations do not serve the
purposes of the Shipping Act of 1984. As
NYNJFFF&BA notes, these issues are outside the
scope of this rulemaking, but the Commission will
consider these comments in determining whether to
initiate future rulemakings.
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]]>Agencies
[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64472-64478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26920]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0700; FRL-9987-75-Region 5]
Air Plan Approval; Indiana; Cross-State Air Pollution Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
submittal concerning the Cross-State Air Pollution Rule (CSAPR) that
was submitted by Indiana on November 27, 2017 as a revision to the
Indiana state implementation plan (SIP). Under CSAPR, large electricity
generating units (EGUs) in Indiana are currently subject to Federal
implementation plans (FIPs) requiring the units to participate in
CSAPR's Federal trading program for annual emissions of nitrogen oxides
(NOX), one of CSAPR's two Federal trading programs for
annual emissions of sulfur dioxide (SO2), and one of CSAPR's
two Federal trading programs for ozone season emissions of
NOX. This action approves the State's regulations requiring
large Indiana EGUs to participate in new CSAPR state trading programs
for annual NOX, annual SO2, and ozone season
NOX emissions integrated with the CSAPR Federal trading
programs, replacing the corresponding FIP requirements. EPA is
approving the State's submission because it meets the requirements of
the Clean Air Act (CAA or Act) and EPA's regulations for approval of a
CSAPR full SIP revision replacing the requirements of a CSAPR FIP.
Under the CSAPR regulations, approval of the SIP revision automatically
eliminates Indiana's units' requirements under the corresponding CSAPR
FIPs addressing Indiana's interstate transport (or ``good neighbor'')
obligations with respect to the 1997 fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS), the
2006 PM2.5 NAAQS, the 1997 ozone NAAQS, and the 2008 ozone
NAAQS. Like the CSAPR FIP requirements that are being replaced,
approval of the SIP revision fully satisfies Indiana's good neighbor
obligations with respect to attainment and maintenance of the 1997
PM2.5 NAAQS, the 2006 PM2.5 NAAQS, and the 1997
ozone NAAQS and partially satisfies Indiana's good neighbor obligation
with respect to attainment and maintenance of the 2008 ozone NAAQS. EPA
proposed approval of the State's submission on August 14, 2018.
DATES: This final rule is effective on December 17, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0700. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (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
through www.regulations.gov or at the 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 Federal holidays. We recommend
that you telephone Sarah Arra, Environmental Scientist, at (312) 886-
9401 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-9401, arra.sarah@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:
I. Overview
II. Background on CSAPR and CSAPR-Related SIP Revisions
III. Indiana's SIP Submittal and EPA's Analysis
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Overview
EPA is approving a November 27, 2017 submittal as a revision to the
Indiana SIP to include CSAPR state trading programs for annual
emissions of NOX and SO2 and ozone season
emissions of NOX. Large EGUs in Indiana are subject to CSAPR
FIPs that require the units to participate in the Federal CSAPR
NOX Annual Trading Program, the Federal CSAPR SO2
Group 1 Trading Program, and the Federal CSAPR NOX Ozone
Season Group 2 Trading Program. CSAPR provides a process for the
submission and approval of SIP revisions to replace the requirements of
CSAPR FIPs with SIP requirements under which a state's units
participate in CSAPR state trading programs that are integrated with
and, with certain permissible exceptions, substantively identical to
the CSAPR Federal trading programs.
The submission incorporates into Indiana's SIP state trading
program regulations for annual NOX, annual SO2,
and ozone season NOX emissions that replace EPA's Federal
trading program regulations for these emissions from
[[Page 64473]]
Indiana units. EPA is approving the submission as a SIP revision
because it meets the requirements of the CAA and EPA's regulations for
approval of a CSAPR full SIP revision replacing a Federal trading
program with a state trading program that is integrated with and
substantively identical to the Federal trading program. Under the CSAPR
regulations, approval of the submission as a SIP revision automatically
eliminates the obligations of large EGUs in Indiana to participate in
CSAPR's Federal trading programs for annual NOX, annual
SO2, and ozone season NOX emissions under the
corresponding CSAPR FIPs. EPA finds that approval of the SIP revision
fully satisfies Indiana's obligations pursuant to the ``good neighbor''
provisions of CAA section 110(a)(2)(D)(i)(I) to prohibit emissions
which will significantly contribute to nonattainment or interfere with
maintenance of the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, and the 1997 ozone NAAQS in any other state and
partially satisfies Indiana's corresponding obligation with respect to
the 2008 ozone NAAQS.
Approval of the submission as a SIP revision also removes from
Indiana's SIP most of the State's rules implementing the discontinued
Clean Air Interstate Rule (CAIR) trading programs, including all of the
State's rules for the annual NOX and annual SO2
trading programs and portions of the State's rule for the ozone season
NOX trading program. The discontinued CAIR state trading
programs established under these rules have been replaced by CSAPR
trading programs for the affected EGUs.
II. Background on CSAPR and CSAPR-Related SIP Revisions
EPA issued CSAPR \1\ in 2011 and the CSAPR Update \2\ in 2016 to
address the requirements of CAA section 110(a)(2)(D)(i)(I) concerning
interstate transport of air pollution. As amended (including by the
CSAPR Update), CSAPR requires 27 eastern states to limit their
statewide emissions of SO2 and/or NOX in order to
mitigate transported air pollution unlawfully impacting other states'
ability to attain or maintain four NAAQS: The 1997 annual
PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, the
1997 ozone NAAQS, and the 2008 ozone NAAQS. The CSAPR emissions
limitations are defined in terms of maximum statewide ``budgets'' for
emissions of annual SO2, annual NOX, and/or ozone
season NOX by each covered state's large EGUs. The CSAPR
state budgets are implemented in two phases of generally increasing
stringency: The Phase 1 budgets apply to emissions in 2015 and 2016;
and the Phase 2 and CSAPR Update budgets apply to emissions in 2017 and
later years. As a mechanism for achieving compliance with the emissions
limitations, CSAPR establishes five Federal emissions trading programs:
A program for annual NOX emissions; two geographically
separate programs for annual SO2 emissions; and two
geographically separate programs for ozone season NOX
emissions. CSAPR also establishes FIP requirements applicable to the
large EGUs in each covered state.\3\ Currently, the CSAPR FIP
provisions require each state's units to participate in up to three of
the five CSAPR trading programs.
---------------------------------------------------------------------------
\1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through EEEEE of 40 CFR part 97).
\2\ Cross-State Air Pollution Rule Update for the 2008 Ozone
NAAQS, 81 FR 74504 (October 26, 2016).
\3\ States are required to submit good neighbor SIPs three years
after a NAAQS is promulgated. CAA section 110(a)(1) and (2). Where
EPA finds that a state fails to submit a required SIP or disapproves
a SIP, EPA is obligated to promulgate a FIP addressing the
deficiency. CAA section 110(c).
---------------------------------------------------------------------------
CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's Federal emissions trading
programs or state emissions trading programs integrated with the
Federal programs, provided that the SIP revisions meet all relevant
criteria.\4\ Through such a SIP revision, a state may replace EPA's
default provisions for allocating emission allowances among the state's
units, employing any state-selected methodology to allocate or auction
the allowances, subject to timing conditions and limits on overall
allowance quantities. In the case of CSAPR's Federal trading programs
for ozone season NOX emissions (or an integrated state
trading program), a state may also expand trading program applicability
to include certain smaller EGUs.\5\ If a state wants to replace the
CSAPR FIP requirements with SIP requirements under which the state's
units participate in a state trading program that is integrated with
and identical to the Federal trading program even as to the allocation
and applicability provisions, the state may submit a SIP revision for
that purpose as well. However, no emissions budget increases or other
substantive changes to the trading program provisions are allowed. A
state whose units are subject to multiple CSAPR Federal trading
programs may submit SIP revisions to modify or replace the FIP
requirements with respect to some or all of those trading programs.
---------------------------------------------------------------------------
\4\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR federal trading programs or
integrated state trading programs.
\5\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-EGUs that would have participated in
the NOX Budget Trading Program.
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States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\6\
Specific conditions for approval of each form of SIP revision are set
forth in the CSAPR regulations. Under the first alternative--an
``abbreviated'' SIP revision--a state may submit a SIP revision that
upon approval replaces the default allowance allocation and/or
applicability provisions of a CSAPR Federal trading program for the
state.\7\ Approval of an abbreviated SIP revision leaves the
corresponding CSAPR FIP and all other provisions of the relevant
Federal trading program in place for the state's units.
---------------------------------------------------------------------------
\6\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 (or
2018 for CSAPR NOX Ozone Season Group 2 units) and is not
relevant here. See Sec. 52.38(a)(3), (b)(3), (b)(7); Sec.
52.39(d), (g).
\7\ 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
---------------------------------------------------------------------------
Under the second alternative--a ``full'' SIP revision--a state may
submit a SIP revision that upon approval replaces a CSAPR Federal
trading program for the state with a state trading program integrated
with the Federal trading program, so long as the state trading program
is substantively identical to the Federal trading program or does not
substantively differ from the Federal trading program except as
discussed above with regard to the allowance allocation and/or
applicability provisions.\8\ For purposes of a full SIP revision, a
state may either adopt state rules with complete trading program
language, incorporate the Federal trading program language into its
state rules by reference (with appropriate conforming changes), or
employ a combination of these approaches.
---------------------------------------------------------------------------
\8\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
---------------------------------------------------------------------------
The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision. First,
upon EPA's approval of a full SIP revision as correcting the deficiency
in the state's
[[Page 64474]]
SIP that was the basis for a particular set of CSAPR FIP requirements,
the obligation to participate in the corresponding CSAPR Federal
trading program is automatically eliminated for units subject to the
state's jurisdiction without the need for a separate EPA withdrawal
action, so long as EPA's approval of the SIP revision as meeting the
requirements of the CSAPR regulations is full and unconditional.\9\
Second, approval of a full SIP revision does not terminate the
obligation to participate in the corresponding CSAPR Federal trading
program for any units located in any Indian country within the borders
of the state, and if and when a unit is located in Indian country
within a state's borders, EPA may modify the SIP approval to exclude
from the SIP, and include in the surviving CSAPR FIP instead, certain
trading program provisions that apply jointly to units in the state and
to units in Indian country within the state's borders.\10\ Finally, if
at the time a full SIP revision is approved EPA has already started
recording allocations of allowances for a given control period to a
state's units, the Federal trading program provisions authorizing EPA
to complete the process of allocating and recording allowances for that
control period to those units will continue to apply, unless EPA's
approval of the SIP revision provides otherwise.\11\
---------------------------------------------------------------------------
\9\ 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
\10\ 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi),
(b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j).
\11\ 40 CFR 52.38(a)(7), (b)(11); 52.39(k).
---------------------------------------------------------------------------
In the CSAPR rulemaking, EPA determined that air pollution
transported from Indiana would unlawfully affect other states' ability
to attain or maintain the 1997 PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, and the 1997 ozone NAAQS and therefore included
the State's EGUs in the CSAPR Federal trading programs for
SO2 and annual NOX (to address the State's
obligations regarding transported PM2.5 pollution) and the
original CSAPR Federal trading program for ozone season NOX
(to address the State's obligations regarding transported ozone
pollution).\12\ In the CSAPR Update rulemaking, EPA determined that air
pollution transported from Indiana would unlawfully affect other
states' ability to attain or maintain the 2008 ozone NAAQS, established
a more stringent ozone season NOX budget for the State's
EGUs, and coordinated requirements by allowing compliance with the new
budget to address the State's obligations regarding transported
pollution with respect to both the 1997 ozone NAAQS and the 2008 ozone
NAAQS.\13\ Indiana's EGUs meeting the CSAPR applicability criteria are
consequently subject to CSAPR FIP requirements to participate in the
CSAPR SO2 Group 1 Trading Program, the CSAPR NOX
Annual Trading Program, and the CSAPR NOX Ozone Season Group
2 Trading Program.\14\ In the original CSAPR rulemaking, EPA found that
the EGUs' participation in the SO2 and annual NOX
Federal trading programs fully addresses Indiana's good neighbor
obligations with respect to attainment and maintenance of the 1997
PM2.5 NAAQS and the 2006 PM2.5 NAAQS.\15\ In the
CSAPR Update rulemaking, EPA found that the EGUs' participation in the
ozone season NOX Federal trading program fully addresses
Indiana's good neighbor obligations with respect to attainment and
maintenance of the 1997 ozone NAAQS and partially, but not necessarily
fully, addresses the State's good neighbor obligation with respect to
attainment and maintenance of the 2008 ozone NAAQS.\16\
---------------------------------------------------------------------------
\12\ 76 FR at 48210, 48213.
\13\ 81 FR at 74506, 74563 n.169.
\14\ 40 CFR 52.38(a)(2)(i), (b)(2)(ii); 52.39(b); see also 40
CFR 52.789(a)(1), (b)(2); 40 CFR 52.790(a).
\15\ 76 FR at 48210.
\16\ 81 FR at 74506-08.
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III. Indiana's SIP Submittal and EPA's Analysis
On November 27, 2017, Indiana submitted to EPA provisions that, if
approved, would incorporate into Indiana's SIP state trading program
regulations for Indiana's EGUs that would replace the CSAPR Federal
trading program regulations with regard to the units' SO2,
annual NOX, and ozone season NOX emissions. The
SIP submittal consists of Indiana Rules 326 IAC 24-5, 326 IAC 24-6, and
326 IAC 24-7. In general, each of Indiana's CSAPR state trading program
rules are designed to replace the corresponding Federal trading program
regulations. For example, Indiana Rule 326 IAC 24-5 (Nitrogen Oxides
(NOX) Annual Trading Program) is designed to replace subpart
AAAAA of 40 CFR part 97 (i.e., 40 CFR 97.401 through 97.435). In a
letter to EPA dated June 11, 2018, Indiana clarified its interpretation
of certain provisions in its three rules, including identification of
some minor textual errors that it may correct in subsequent amendments.
Indiana also requests in its submission the removal from the SIP of
the State's rules for the CAIR state trading programs for annual
NOX and SO2 at 326 IAC 24-1 and 24-2,
respectively, and sections 3, 5 through 10, and 12 of the State's rule
at 326 IAC 24-3 for the CAIR state trading program for ozone season
NOX.\17\
---------------------------------------------------------------------------
\17\ In the SIP submittal, Indiana also requested approval of a
revision to 326 IAC 26-1-5 replacing reliance on CAIR in the State's
Regional Haze program with reliance on CSAPR. EPA will act on this
request in a separate rulemaking.
---------------------------------------------------------------------------
In a notice of proposed rulemaking published on August 14, 2018 (83
FR 40184), EPA proposed to approve Indiana's November 27, 2017 SIP
submittal (as clarified in the State's June 11, 2018 letter) designed
to replace the CSAPR Federal trading programs. EPA noted that approval
of the SIP revision would automatically eliminate Indiana's EGUs'
requirements under the CSAPR FIPs and would fully satisfy Indiana's
good neighbor obligations with respect to attainment and maintenance of
the 1997 PM2.5 NAAQS, the 2006 PM2.5 NAAQS, and
the 1997 ozone NAAQS and would partially satisfy Indiana's good
neighbor obligations with respect to attainment and maintenance of the
2008 ozone NAAQS. EPA also proposed to approve the requested removal of
the identified portions of the State's CAIR rules, noting that the CAIR
trading programs have been replaced by CSAPR trading programs for
affected EGUs. The proposed rulemaking provides additional detail
regarding the background and rationale for EPA's action.
Comments on the proposal were due on or before September 13, 2018.
EPA received four sets of comments, only one of which substantively
addressed the contents of the proposal; EPA's response is below.
The State of Maryland submitted a comment on a matter that is
separate from this action. It is related to EPA's June 29, 2018
proposed determination that compliance with the ozone season
NOX budgets established in the CSAPR Update represents a
full rather than partial remedy for the good neighbor obligations of 20
states, including Indiana, with respect to attainment and maintenance
of the 2008 ozone NAAQS.\18\ In the proposal for this action, EPA
stated that if the June 29, 2018 proposed determination is finalized as
proposed, then approval of Indiana's CSAPR SIP revision would fully
address the State's good neighbor obligation with respect to attainment
and maintenance of the 2008 ozone NAAQS.\19\ The State of Maryland
[[Page 64475]]
disagreed with these statements.\20\ The comments are outside the scope
of this action because EPA has not finalized the June 29, 2018 proposed
determination.\21\
---------------------------------------------------------------------------
\18\ Determination Regarding Good Neighbor Obligations for the
2008 Ozone National Ambient Air Quality Standard, 83 FR 31915 (July
10, 2018).
\19\ 83 FR at 40185 n.2, 40191 n.33.
\20\ Comments of Maryland Dept. of the Environment (September
13, 2018), EPA-R05-OAR-2017-0700-0008.
\21\ Maryland's comments also cite a State submittal from
Indiana dated March 29, 2018 that seeks to fully address the State's
good neighbor obligations with respect to attainment and maintenance
of the 2008 ozone NAAQS, relying in part on the CSAPR state trading
program rules that are being approved into the SIP in this final
action. Although the State's March 2018 submittal has been made
available in the docket for this action (EPA-R05-OAR-2017-0700-
0003), EPA is not acting on the March 2018 submittal at this time
and is not relying on information in that submittal to support this
final action.
---------------------------------------------------------------------------
IV. Final Action
EPA is approving Indiana's November 27, 2017, SIP submittal (as
clarified in Indiana's June 11, 2018 letter) concerning the
establishment for Indiana units of CSAPR state trading programs for
SO2, annual NOX, and ozone season NOX
emissions. The revision adopts into the SIP the State trading program
rules codified at 326 IAC 24-5 (Nitrogen Oxides (NOX) Annual
Trading Program), 326 IAC 24-6 (Nitrogen Oxides (NOX) Ozone
Season Group 2 Trading Program), and 326 IAC 24-7 (Sulfur Dioxide
(SO2) Group 1 Trading Program).
These Indiana CSAPR state trading programs will be integrated with
the Federal CSAPR NOX Annual Trading Program, CSAPR
NOX Ozone Season Group 2 Trading Program, and CSAPR
SO2 Group 1 Trading Program, respectively, and are
substantively identical to the Federal trading programs except with
regard to the allowance allocation provisions. Following approval of
these portions of the SIP revision, Indiana units therefore will
generally be required to meet requirements under Indiana's CSAPR state
trading programs equivalent to the requirements the units otherwise
would have been required to meet under the corresponding CSAPR Federal
trading programs, but allocations to Indiana units of CSAPR
NOX Annual, CSAPR NOX Ozone Season Group 2, and
CSAPR SO2 Group 1 allowances for control periods in 2021 and
later years will be determined according to the SIP's allocation
provisions in Indiana's rules instead of the default allocation
provisions under the Federal trading program regulations. EPA is
approving the SIP revision because they meet the requirements of the
CAA and EPA's regulations for approval of a CSAPR full SIP revision
replacing a Federal trading program with a state trading program that
is integrated with and substantively identical to the Federal trading
program except for permissible differences with respect to emission
allowance allocation provisions.
Under the CSAPR regulations, upon EPA's full and unconditional
approval of a SIP revision as correcting the SIP's deficiency that is
the basis for particular CSAPR FIP requirements, the obligation to
participate in the corresponding CSAPR Federal trading program is
automatically eliminated for units subject to the state's jurisdiction
(but not for any units located in any Indian country within the state's
borders).\22\ EPA promulgated the FIP provisions requiring Indiana
units to participate in the Federal CSAPR SO2 Group 1, CSAPR
NOX Annual, and CSAPR NOX Ozone Season Group 2
trading programs in order to address a lack of provisions in Indiana's
SIP addressing the State's obligations under CAA section
110(a)(2)(D)(i)(I) with respect to the 1997 PM2.5 NAAQS, the
2006 PM2.5 NAAQS, the 1997 ozone NAAQS, and the 2008 ozone
NAAQS. As noted in section II of this action, EPA has previously found
that the CSAPR FIP requirements represent a full remedy for Indiana's
obligations with respect to the first three of these NAAQS and a
partial, but not necessarily full, remedy for the State's obligations
with respect to the 2008 ozone NAAQS. Approval of the portions of
Indiana's SIP submittal adopting CSAPR state trading program rules
substantively identical to the corresponding CSAPR Federal trading
program regulations (or differing only with respect to the allowance
allocation methodology) similarly satisfies Indiana's obligations
pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which
will significantly contribute to nonattainment or interfere with
maintenance of the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, and the 1997 ozone NAAQS in any other state,
and partially satisfies Indiana's obligation pursuant to CAA section
110(a)(2)(D)(i)(I) to prohibit emissions which will significantly
contribute to nonattainment or interfere with maintenance of the 2008
ozone NAAQS in any other state. Thus, the approval corrects the same
deficiencies in the SIP that otherwise would be corrected by the CSAPR
FIP requirements. Due to this, EPA is fully approving Indiana's
infrastructure SIP obligation under CAA section 110(a)(2)(D)(i)(I) for
the 1997 PM2.5 NAAQS, 2006 PM2.5 NAAQS, and 1997
ozone NAAQS (prongs 1 and 2) and is issuing a limited approval on this
infrastructure element for the 2008 ozone NAAQS in today's action.
---------------------------------------------------------------------------
\22\ 40 CFR 52.38(a)(6), (b)(10); 40 CFR 52.39(j); see also 40
CFR 52.789(a)(1), (b)(2); 40 CFR 52.790(a).
---------------------------------------------------------------------------
The approval of the portions of Indiana's SIP submittal
establishing CSAPR state trading program rules therefore also results
in the automatic termination of the obligations of Indiana units to
participate in the Federal CSAPR SO2 Group 1, CSAPR
NOX Annual, and CSAPR NOX Ozone Season Group 2
trading programs.
EPA is also approving the removal from Indiana's SIP of the State's
CAIR rules codified at 326 IAC 24-1 (Clean Air Interstate Rule Nitrogen
Oxides Annual Trading Program) and 326 IAC 24-2 (Clean Air Interstate
Rule Sulfur Dioxide Trading Program) and sections 3, 5 through 10, and
12 of the State's CAIR rule codified at 326 IAC 24-3 (Clean Air
Interstate Rule NOX Ozone Season Trading Program). The
discontinued CAIR state trading programs established under the rule
provisions being removed have been replaced by CSAPR trading programs
for the affected EGUs.
This final rule is effective immediately upon publication in the
Federal Register. Section 553(d) of the Administrative Procedure Act (5
U.S.C. 553(d)), which generally provides that final rules may not take
effect earlier than 30 days after publication in the Federal Register
but allows exceptions where an agency finds good cause and publishes
its finding with the rule, applies to this action. Ordinarily, a 30-day
transition period before a new rule takes effect would give affected
parties an opportunity to adjust their behavior and prepare for
compliance. However, in this instance no transition period is necessary
because this rule does not impose new requirements. Under CSAPR's
existing requirements, on March 1 of each year affected sources must
hold quantities of emissions allowances not less than their emissions
during the prior year's control period. The CSAPR regulations provide
for default allocations to affected sources of allowances eligible for
use in meeting this requirement. In this rule, in accordance with
options CSAPR makes available to states, EPA is approving into
Indiana's SIP the State's rules which include allocation provisions to
replace the default federally-established allocations for control
periods in 2021 and later years. The sooner this rule is effective, the
sooner allowances eligible for use for the 2021 control period can be
issued to affected sources in Indiana in the amounts determined under
Indiana's rules, which will assist the sources in planning to meet
their March 1, 2022, compliance requirement. EPA therefore finds good
cause to make this
[[Page 64476]]
final rule effective immediately upon publication in the Federal
Register.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Administrative Code provisions 326 IAC 24-5, 326 IAC 24-6, and 326 IAC
24-7, effective on November 24, 2017. EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\23\
---------------------------------------------------------------------------
\23\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. 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. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 15, 2019. 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 section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide.
Dated: November 27, 2018.
James O. Payne,
Acting Regional Administrator, Region 5.
Part 52 of title 40 of the Code of Federal Regulations 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 A--General Provisions
Sec. 52.38 [Amended]
0
2. Section 52.38 is amended:
0
a. In paragraph (a)(8)(iii), by adding after the text ``Georgia,'' the
text ``Indiana,''; and
0
b. In paragraph (b)(13)(iv), by removing the text ``Alabama.'' and
adding in its place the text ``Alabama and Indiana.''.
Sec. 52.39 [Amended]
0
3. Section 52.39(l)(3) is amended by removing the text ``[none].'' and
adding in its place the text ``Indiana.''.
Subpart P--Indiana
0
4. Section 52.770 is amended:
0
a. In the table in paragraph (c) by revising the section ``Article 24.
Trading Programs: Nitrogen Oxides (NOX) and Sulfur Dioxide
(SO2)''; and
0
b. In the table in paragraph (e) by revising the entries for ``Section
110(a)(2) infrastructure requirements for the 1997 8-Hour Ozone
NAAQS'', ``Section 110(a)(2) infrastructure requirements for the 1997
PM2.5 NAAQS'', ''Section 110(a)(2) Infrastructure
Requirements for the 2006 24-Hour PM2.5 NAAQS'', and
``Section 110(a)(2) Infrastructure Requirements for the 2008 ozone
NAAQS''.
The revisions read as follows:
Sec. 52.770 Identification of plan.
* * * * *
[[Page 64477]]
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Article 24. Trading Programs: Nitrogen Oxides (NO) and Sulfur Dioxide (SO)
Rule 3. Clean Air Interstate Rule (CAIR) NO Ozone Season Trading Program
----------------------------------------------------------------------------------------------------------------
24-3-1.......................... Applicability........... 2/25/2007 11/29/2010, 75 FR ..............
72956
24-3-2.......................... Definitions............. 6/11/2009 11/29/2010, 75 FR ..............
72956
24-3-4.......................... Standard requirements... 2/25/2007 11/29/2010, 75 FR ..............
72956
24-3-11......................... Monitoring and reporting 2/25/2007 11/29/2010, 75 FR ..............
requirements. 72956
----------------------------------------------------------------------------------------------------------------
Rule 5. Nitrogen Oxides (NO) Annual Trading Program
----------------------------------------------------------------------------------------------------------------
24-5-1.......................... Applicability and 11/24/2017 12/17/2018 [insert ..............
incorporation by Federal Register
reference. citation]
24-5-2.......................... CSAPR NOX annual trading 11/24/2017 12/17/2018 [insert ..............
budget. Federal Register
citation]
24-5-3.......................... CSAPR NOX annual 11/24/2017 12/17/2018 [insert ..............
allocation timing. Federal Register
citation]
24-5-4.......................... Baseline heat input and 11/24/2017 12/17/2018 [insert ..............
historic emissions. Federal Register
citation]
24-5-5.......................... Existing unit 11/24/2017 12/17/2018 [insert ..............
allocations and Federal Register
adjustments. citation]
24-5-6.......................... New unit allocations.... 11/24/2017 12/17/2018 [insert ..............
Federal Register
citation]
24-5-7.......................... Unallocated new unit set- 11/24/2017 12/17/2018 [insert ..............
aside allowances. Federal Register
citation]
----------------------------------------------------------------------------------------------------------------
Rule 6. Nitrogen Oxides (NO) Ozone Season Group 2 Trading Program
----------------------------------------------------------------------------------------------------------------
24-6-1.......................... Applicability and 11/24/2017 12/17/2018 [insert ..............
incorporation by Federal Register
reference. citation]
24-6-2.......................... CSAPR NOX ozone season 11/24/2017 12/17/2018 [insert ..............
group 2 trading budget. Federal Register
citation]
24-6-3.......................... CSAPR NOX ozone season 11/24/2017 12/17/2018 [insert ..............
group 2 allocation Federal Register
timing. citation]
24-6-4.......................... Baseline heat input and 11/24/2017 12/17/2018 [insert ..............
historic emissions. Federal Register
citation]
24-6-5.......................... Existing unit 11/24/2017 12/17/2018 [insert ..............
allocations and Federal Register
adjustments. citation]
24-6-6.......................... New unit allocations.... 11/24/2017 12/17/2018 [insert ..............
Federal Register
citation]
24-6-7.......................... Unallocated new unit set- 11/24/2017 12/17/2018 [insert ..............
aside allowances. Federal Register
citation]
----------------------------------------------------------------------------------------------------------------
Rule 7. Sulfur Dioxide (SO) Group 1 Trading Program
----------------------------------------------------------------------------------------------------------------
24-7-1.......................... Applicability and 11/24/2017 12/17/2018 [insert ..............
incorporation by Federal Register
reference. citation]
24-7-2.......................... CSAPRSO2 group 1 trading 11/24/2017 12/17/2018 [insert ..............
budget. Federal Register
citation]
24-7-3.......................... CSAPR SO2 group 1 11/24/2017 12/17/2018 [insert ..............
allocation timing. Federal Register
citation]
24-7-4.......................... Baseline heat input and 11/24/2017 12/17/2018 [insert ..............
historic emissions. Federal Register
citation]
24-7-5.......................... Existing unit 11/24/2017 12/17/2018 [insert ..............
allocations and Federal Register
adjustments. citation]
24-7-6.......................... New unit allocations.... 11/24/2017 12/17/2018 [insert ..............
Federal Register
citation]
24-7-7.......................... Unallocated new unit set- 11/24/2017 12/17/2018 [insert ..............
aside allowances. Federal Register
citation]
* * * * * * *
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* * * * *
(e) * * *
[[Page 64478]]
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) infrastructure 12/7/2007, 9/19/2008, 3/23/ 12/17/2018 [insert All CAA infrastructure
requirements for the 1997 8-Hour 2011, 4/7/2011, and 11/24/ Federal Register elements have been
Ozone NAAQS. 2017. citation]. approved except the
visibility portion of
110(a)(2)(D)(i)(II).
Section 110(a)(2) infrastructure 12/7/2007, 9/19/2008, 3/23/ 12/17/2018 [insert All CAA infrastructure
requirements for the 1997 PM2.5 2011, 4/7/2011, and 11/24/ Federal Register elements have been
NAAQS. 2017. citation]. approved except the
visibility portion of
110(a)(2)(D)(i)(II).
Section 110(a)(2) Infrastructure 10/20/2009, 6/25/2012, 7/ 12/17/2018 [insert All CAA infrastructure
Requirements for the 2006 24-Hour 12/2012, 5/22/2013, and Federal Register elements have been
PM2.5 NAAQS. 11/24/2017. citation]. approved except the
visibility portion of
110(a)(2)(D)(i)(II).
Section 110(a)(2) Infrastructure 12/12/2011 and 11/24/2017. 12/17/2018 [insert All CAA infrastructure
Requirements for the 2008 8-Hour Federal Register elements have been
Ozone NAAQS. citation]. approved except the
visibility portion of
110(a)(2)(D)(i)(II) and
a limited approval for
110(a)(2)(D)(i)(I).
* * * * * * *
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[FR Doc. 2018-26920 Filed 12-14-18; 8:45 am]
BILLING CODE 6560-50-P
