72956 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. If we do not receive 

any comments, this action will be 

effective January 28, 2011. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not 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 January 28, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

1. The authority citation for part 52 

continues to read as follows: 

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

Subpart KK—Ohio 

2. Section 52.1885 is amended by 

adding paragraph (ff)(11) to read as 

follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(ff) * * * 

(11) Approval—On July 6, 2010, the 

Ohio Environmental Protection Agency 

submitted a request to revise the 

maintenance plan for the Ohio portion 

of the Cincinnati-Hamilton, OH–KY–IN 

8-hour ozone area. The submittal revises 

2015 and 2020 NOX point source 

emissions projections for Butler County. 

* * * * * 

[FR Doc. 2010–29784 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0515; FRL–9232–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a request submitted by 

the Indiana Department of 

Environmental Management (IDEM) on 

June 29, 2009, to revise the Indiana 

State Implementation Plan (SIP) under 

the Clean Air Act (CAA). The State has 

submitted amendments to the Indiana 

Administrative Code (IAC), which 

supplement Indiana’s Clean Air 

Interstate Rule (CAIR), for which EPA 

granted limited approval as an 

abbreviated SIP on October 22, 2007. 

The abbreviated SIP was to be 

implemented in conjunction with a 

Federal Implementation Plan (FIP) that 

specified requirements for emissions 

monitoring, permit provisions, and 

other elements of CAIR programs. The 

State’s June 29, 2009, submittal includes 

elements that EPA deems necessary in 

order for EPA to fully approve Indiana’s 

CAIR SIP. This will allow a transition 

from an abbreviated SIP with limited 

approval to a full SIP with full approval 

under which the various CAIR 

implementation provisions would be 

governed by State rules rather than FIP 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72957 

rules. This action results in the 

withdrawal of the Indiana CAIR FIP 

concerning sulfur dioxide (SO2), 

nitrogen oxides (NOX) annual, and NOX

ozone season emissions. 

DATES: This direct final will be effective 

January 28, 2011, unless EPA receives 

adverse comments by December 29, 

2010. 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–2009–0515, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

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, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such 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– 

0515. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy 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 Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@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. What action is EPA taking? 

II. What is the regulatory history of CAIR and 

CAIR FIPs? 

III. What are the general requirements of 

CAIR and CAIR FIPs? 

IV. What are the types of CAIR SIP 

submittals? 

V. Analysis of Indiana’s CAIR SIP submittals 

A. What is the history of the State’s 

submittals? 

B. State Budgets for Allowance Allocations 

C. CAIR Cap-and-Trade Programs 

D. Applicability Provisions 

E. Individual Opt-in Units 

F. Deficiencies in the State’s February 28, 

2007, Submittal and the State’s 

Subsequent Responses 

G. Federal Definition of ‘‘Biomass’’ in 

Reference to ‘‘Cogeneration Unit’’ 

H. The State’s Complete CAIR Regulations 

I. NOX Reduction Program for Specific 

Source Categories—Applicability 

J. Sunset Provision 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

In this rulemaking EPA is fully 

approving Indiana’s CAIR SIP, 

including the State’s June 29, 2009, 

submittal. This will allow a transition 

from an abbreviated SIP with limited 

approval to a full SIP with full approval 

under which the various CAIR 

implementation provisions would be 

governed by State rules rather than FIP 

rules. This action causes the CAIR FIPs 

concerning SO2, NOX annual, and NOX

ozone season emissions by Indiana 

sources to be automatically withdrawn. 

II. What is the regulatory history of 

CAIR and CAIR FIPs? 

EPA published CAIR on May 12, 2005 

(70 FR 25162). In that 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 SO2, which is a precursor to PM2.5

formation, and/or 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. 

CAIR establishes requirements that 

must be included in SIPs to address the 

requirements of section 110(a)(2)(D) of 

the CAA with regard to interstate 

transport for ozone and PM2.5. On April 

25, 2005 (70 FR 21147), 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, 3 years 

after the promulgation of the 8-hour 

ozone and PM2.5 NAAQS. These 

findings started a 2-year clock for EPA 

to promulgate a FIP to address the 

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72958 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

requirements of section 110(a)(2)(D). 

Under section 110(c)(1) of the CAA, 

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 would be achieved on 

schedule. The CAIR FIPs required 

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 was meant 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 

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. Therefore, because 

Indiana only had an abbreviated CAIR 

SIP in place prior to today’s rulemaking, 

there were also elements of CAIR FIPs 

in effect. 

On October 19, 2007 (72 FR 59190), 

EPA amended CAIR and 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. 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. 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. 

III. What are the general requirements 

of CAIR and CAIR FIPs? 

CAIR, which establishes statewide 

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 States’ 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 provides 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 EPAadministered 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 each State to 

include all non-EGUs from its respective 

NOX Budget Trading Program into its 

respective CAIR NOX Ozone Season 

Trading Program. 

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. 

As EPA anticipated, most States have 

chosen to meet the CAIR requirements 

by selecting an option that requires 

EGUs to participate in the EPAadministered 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 in conjunction with, as 

appropriate, the corresponding 

provisions of the CAIR FIPs (e.g., the 

NOX allowance allocation 

methodology). 

A State submitting a full SIP revision 

may either adopt regulations that are 

substantively identical to the model 

rules or incorporate by reference the 

model rules. CAIR provides that States 

may only make limited changes to the 

model rules if the States want to 

participate in the EPA-administered 

trading programs. A full SIP revision 

may change the model rules only by 

altering their applicability and 

allowance allocation provisions to: 

1. Include all NOX Budget trading 

sources that are not EGUs under CAIR 

in the CAIR NOX Ozone Season Trading 

Program; 

2. Provide for State allocation of NOX

annual or ozone season allowances 

using a methodology chosen by the 

State; 

3. Provide for State allocation of NOX

annual allowances from the compliance 

supplement pool (CSP) using the State’s 

choice of allowed, alternative 

methodologies; or 

4. Allow units that are not otherwise 

CAIR units to opt individually into the 

CAIR SO2, NOX Annual, or NOX Ozone 

Season Trading Programs under the optin provisions in the model rules. 

An approved CAIR SIP revision 

addressing EGUs’ SO2, NOX annual, or 

NOX ozone season emissions will 

replace the CAIR FIP for that State for 

the respective EGU emissions. As 

discussed above, once EPA has 

approved a CAIR SIP submission in full, 

without any conditions, the CAIR FIP is 

automatically withdrawn. See 72 FR 

62338. 

V. Analysis of Indiana’s CAIR SIP 

submittals 

A. What is the history of the State’s 

submittals? 

IDEM submitted the State’s rules to 

address CAIR requirements on February 

28, 2007, for incorporation into the SIP. 

On September 20, 2007, Indiana 

submitted a letter to EPA requesting that 

EPA act only on a portion of the 

February 28, 2007 submittal. 

Consequently, on October 22, 2007 (72 

FR 59480) EPA gave a limited approval 

to portions of the February 28, 2007 

submittal as an abbreviated SIP revision 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72959 

1The Court also determined that the CAIR trading 

programs were unlawful (id. at 906–8) and that the 

treatment of title IV allowances in CAIR was 

unlawful (id. at 921–23). For the same reason that 

EPA is approving the provisions of Indiana’s SIP 

revision that use the SO2 and NOX budgets set in 

CAIR, EPA is also approving, as discussed below, 

Indiana’s SIP revision to the extend the SIP revision 

adopts the CAIR trading programs, including the 

provisions addressing applicability, allowance 

allocations, and the use of title IV allowances. 

which addressed the applicability 

provisions for the NOX ozone season 

trading program and supporting 

definitions and terms, the methodology 

to be used to allocate annual and ozone 

season NOX allowances and supporting 

definitions and terms, the CSP 

provisions for the NOX annual trading 

program, and provisions for SO2 and 

NOX opt-in units, all under the CAIR 

FIP. EPA found several minor 

deficiencies in the February 28, 2007, 

submittal, as indentified in a technical 

support document that accompanied the 

October 22, 2007, limited approval. The 

State’s June 29, 2009, submittal 

sufficiently addresses these deficiencies. 

On October 19, 2007, EPA revised the 

definition of ‘‘cogeneration unit’’ (72 FR 

59190). Particularly of note, the term 

‘‘biomass’’ was added so that 

cogeneration units could exclude 

biomass energy input in efficiency 

calculations. IDEM has made 

corresponding and appropriate changes 

that adopt the Federal definition of 

‘‘cogeneration unit’’ and ‘‘biomass’’ in its 

June 29, 2009, submittal. Indiana’s 

budget and allowance allocation 

methodologies for CAIR trading 

programs were also included in the June 

29, 2009, submittal. The amended rules 

became effective State-wide on June 11, 

2009, and an in-depth analysis of the 

June 29, 2009, submittal follows below. 

B. State Budgets for Allowance 

Allocations 

In today’s action, EPA is reaffirming 

its approval of Indiana’s SIP revision 

adopting the budgets established for the 

State (by EPA) in CAIR in its October 

22, 2007 limited approval. 

In North Carolina, the Court 

determined, among other things, that 

the State SO2 and NOX budgets 

established in CAIR were arbitrary and 

capricious.1 However, as discussed 

above, the Court also decided to remand 

CAIR but to leave the rule in place in 

order to ‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

pending EPA’s development and 

promulgation of a replacement rule that 

‘‘remedies CAIR’s flaws.’’ North 

Carolina, at 1178. EPA had indicated to 

the Court that development and 

promulgation of a replacement rule 

would take about two years. Reply in 

Support of Petition for Rehearing or 

Rehearing en Banc at 5 (filed Nov. 17, 

2008 in North Carolina v. EPA, Case No. 

05–1224, DC Cir.). On August 2, 2010 

(75 FR 45210), EPA proposed FIPs to 

Reduce Interstate Transport of Fine 

Particulate Matter and Ozone to replace 

CAIR; however, that rule is not yet final. 

In the meantime, consistent with the 

Court’s orders, EPA is implementing 

CAIR by approving State SIP revisions 

that are consistent with CAIR (such as 

the provisions setting State SO2 and 

NOX budgets for the CAIR trading 

programs) in order to ‘‘temporarily 

preserve’’ the environmental benefits 

achievable under the CAIR trading 

programs. 

C. CAIR Cap-and-Trade Programs 

The CAIR NOX annual and ozone 

season model trading rules both largely 

mirror the structure of the NOX Budget 

model trading rule in 40 CFR Part 96, 

subparts A through I. While the 

provisions of the NOX annual and ozone 

season model rules are similar, there are 

some differences. For example, the NOX

annual model rule (but not the NOX

ozone season model rule) provides for a 

CSP, which is discussed below and 

under which allowances may be 

awarded for early reductions of NOX

annual emissions. As a further example, 

the NOX ozone season model rule 

reflects the fact that the CAIR NOX

Ozone Season Trading Program replaces 

the NOX Budget Trading Program after 

the 2008 ozone season and is 

coordinated with the NOX SIP Call 

program. The NOX ozone season model 

rule provides incentives for early 

emissions reductions by allowing 

banked, pre-2009 NOX Budget Trading 

Program allowances to be used for 

compliance in the CAIR NOX ozone 

season trading program. In addition, 

States have the option of continuing to 

meet their NOX SIP Call requirements 

by participating in the CAIR NOX Ozone 

Season Trading Program and including 

all their NOX Budget trading sources in 

that program. 

The provisions of the CAIR SO2

model rule are also similar to the 

provisions of the NOX annual and ozone 

season model rules. However, since 

CAA title IV establishes an ongoing 

Acid Rain cap-and-trade program for 

SO2 and not for NOx, the model rule for 

SO2 must additionally be coordinated 

with the Acid Rain Program. The SO2

model rule uses the title IV allowances 

for compliance, with each allowance 

allocated for 2010–2014 authorizing 

only 0.50 ton of emissions and each 

allowance allocated for 2015 and 

thereafter authorizing only 0.35 ton of 

emissions. Banked title IV allowances 

allocated for years before 2010 can be 

used at any time in the CAIR SO2 capand-trade program, with each such 

allowance authorizing one ton of 

emissions. Title IV allowances are to be 

freely transferable among sources 

covered by the Acid Rain Program and 

sources covered by the CAIR SO2 capand-trade program. 

EPA used the CAIR model trading 

rules as the basis for the trading 

programs in the CAIR FIPs. The CAIR 

FIP trading rules are virtually identical 

to the CAIR model trading rules, with 

changes made to account for Federal 

rather than State implementation. The 

CAIR model SO2, NOX annual, and NOX

ozone season trading rules and the 

respective CAIR FIP trading rules are 

designed to work together as integrated 

SO2, NOX annual, and NOX ozone 

season trading programs. 

In the SIP revision EPA is approving, 

Indiana has chosen to implement its 

CAIR budgets by requiring EGUs to 

participate in EPA-administered capand-trade programs for SO2, NOX

annual, and NOX ozone season 

emissions. Indiana has adopted State 

rules for a full SIP revision that adopts, 

with certain allowed changes discussed 

below, the CAIR model cap-and-trade 

rules for SO2, NOX annual, and NOX

ozone season emissions. Finally, 

Indiana’s rules provide that non-EGUs 

that were required to participate in the 

NOX Budget Trading Program must 

participate in the CAIR NOX Ozone 

Season Trading Program. 

D. Applicability Provisions 

In general, the CAIR model trading 

rules apply to any stationary, fossil-fuelfired boiler or stationary, fossil-fuelfired combustion turbine serving at any 

time, since the later of November 15, 

1990, or the start-up of the unit’s 

combustion chamber, a generator with 

nameplate capacity of more than 25 

megawatts producing electricity for sale. 

States have the option of bringing in, 

for the CAIR NOX Ozone Season 

Trading Program only, those units in the 

State’s NOX Budget Trading Program 

that are not EGUs as defined under 

CAIR. EPA advises States exercising this 

option to add the applicability 

provisions in the State’s NOX Budget 

trading rule for non-EGUs to the 

applicability provisions in 40 CFR 

96.304 in order to include in the CAIR 

NOX Ozone Season Trading Program all 

units required to be in the State’s NOX

Budget Trading Program that are not 

already included under 40 CFR 96.304. 

Under this option, the CAIR NOX Ozone 

Season Trading Program must cover all 

large industrial boilers and combustion 

turbines, as well as any small EGUs (i.e., 

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72960 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

units serving a generator with a 

nameplate capacity of 25 megawatts or 

less) that the State previously required 

to be in the NOX Budget Trading 

Program. Indiana has chosen to expand 

the applicability provisions of the CAIR 

NOX Ozone Season Trading Program to 

include all non-EGUs that were subject 

to the State’s NOX Budget Trading 

Program. Indiana’s February 28, 2007, 

abbreviated SIP submittal did not 

include (or modify) certain definitions 

that are necessary in order to expand the 

CAIR NOX Ozone applicability to all 

NOX Budget Trading units. Indiana’s 

June 29, 2009, submittal includes these 

definitions and modifications. These 

definitions are part of today’s approval 

and are discussed in more detail under 

Section H. (Deficiencies in the State’s 

submittal and the State’s subsequent 

responses). 

E. Individual Opt-in Units 

The opt-in provisions of the CAIR SIP 

model trading rules allow certain nonEGUs (i.e., boilers, combustion turbines, 

and other stationary fossil-fuel-fired 

devices) that do not meet the 

applicability criteria for a CAIR trading 

program to participate voluntarily in 

(i.e., opt into) the CAIR trading program. 

A non-EGU may opt into one or more 

of the CAIR trading programs. In order 

to qualify to opt into a CAIR trading 

program, a unit must vent all emissions 

through a stack and be able to meet 

monitoring, recordkeeping, and 

recording requirements of 40 CFR part 

75. The owners and operators seeking to 

include such a unit in a CAIR trading 

program must apply for a CAIR opt-in 

permit. If the unit is issued a CAIR optin permit, the unit becomes a CAIR unit, 

is allocated allowances, and must meet 

the same allowance-holding and 

emissions monitoring and reporting 

requirements as other units subject to 

the CAIR trading program. The opt-in 

provisions provide for two 

methodologies for allocating allowances 

for opt-in units, one methodology that 

applies to opt-in units in general and a 

second methodology that allocates 

allowances only to opt-in units that the 

owners and operators intend to repower 

before January 1, 2015. 

States have several options 

concerning the opt-in provisions. States 

may adopt the CAIR opt-in provisions 

entirely or may adopt them but exclude 

one of the methodologies for allocating 

allowances. States may also decline to 

adopt the opt-in provisions at all. 

Consistent with this flexibility, 

Indiana has chosen to allow non-EGUs 

meeting certain requirements to 

participate in the CAIR NOX Annual 

Trading Program, the CAIR NOX Ozone 

Season Trading Program, and the CAIR 

SO2 Trading Program. EPA approved 

Indiana’s earlier version of rules 

authorizing these opt-ins (72 FR 59480). 

The complete set of rules governing 

CAIR NOX annual, CAIR SO2, and CAIR 

NOX ozone season opt-in units in 

Indiana are contained in 326 IAC 24–1– 

12, 326 IAC 24–2–11, and 326 IAC 24– 

3–12, respectively. Indiana’s June 29, 

2009, submittal includes some 

modifications to these parts. These 

modifications are part of today’s 

approval. 

F. Deficiencies in the State’s February 

28, 2007, Submittal and the State’s 

Subsequent Responses 

EPA found several deficiencies in 

Indiana’s February 28, 2007, submittal 

and communicated these deficiencies to 

IDEM staff in August and September of 

2007. The deficiencies and the State’s 

subsequent responses to correct them 

are discussed in detail below. All 

responses to the deficiencies were 

provided in the State’s June 29, 2009, 

submittal. 

EPA found that Indiana needed to 

revise 326 IAC 24–3–1 in the following 

manner: 

‘‘Indiana needs to revise, in subsection (b), 

‘CAIR NOX ozone season units as follows:’ to 

read ‘CAIR NOX ozone season units under 

subsection 1(a)(1) or (3)’ and revise, in 

subsections (b)(1), (2), and (3), ‘under 

subsection (a)’ to read ‘under subsection 

(a)(1) or (3).’ ’’; 

Indiana has made these changes 

verbatim; therefore, these deficiencies 

have been addressed and EPA 

concludes that the revisions to 326 IAC 

24–3–1 are approvable. 

EPA also found that Indiana needed 

to amend 326 IAC 24–3–2 by revising 

the definitions of ‘‘commence 

operation,’’ ‘‘fossil-fuel-fired,’’ and 

‘‘unit.’’ 

IDEM addressed all of the deficiencies 

that EPA identified regarding the terms 

‘‘commence operation,’’ ‘‘fossil-fuelfired,’’ and ‘‘unit’’ at 326 IAC 24–3–2 

(33), (44), and (80). EPA finds these 

revisions approvable. 

EPA found that Indiana needed to add 

the definition of ‘‘electricity for firm sale 

to the electric grid,’’ to read as follows: 

‘‘Electricity for firm sale to the electric grid 

means electricity for sale where the capacity 

involved is intended to be available at all 

times during the period covered by a 

guaranteed commitment to deliver, even 

under adverse conditions.’’ 

The State has added the following 

definition at 326 IAC 24–3–2 (38): 

‘‘ ‘Electricity for sale under a firm contract 

to the electric grid’ means electricity for sale 

where the capacity involved is intended to be 

available at all times during the period 

covered by the guaranteed commitment to 

deliver, even under adverse conditions.’’ 

EPA asked IDEM for clarification 

concerning the phrase ‘‘for sale under a 

firm contract’’ as opposed to the model 

language ‘‘for firm sale.’’ On September 

25, 2009, IDEM responded that the 

language originated in Indiana’s NOX

SIP Call; therefore, all sources subject to 

the applicability of the NOX Budget 

Trading Program would also be subject 

to the applicability of the CAIR NOX

Ozone Season Trading Program. 

Because there is no applicability gap for 

affected sources, IDEM has addressed 

this deficiency. EPA therefore finds that 

the addition of the term ‘‘electricity for 

sale under a firm contract to the electric 

grid’’ to 326 IAC 24–3–2 is approvable. 

EPA found that Indiana needed to 

revise the definition of ‘‘large affected 

unit’’ to add, after clause (B): 

‘‘(C) For units other than cogeneration units 

commencing operation: (i) Before January 1, 

1997, a unit serving a generator during 1995 

or 1996 that had a nameplate capacity greater 

than twenty-five (25) megawatts and 

produced electricity for sale under a firm 

contract to the electric grid; (ii) on or after 

January 1, 1997, and before January 1, 1999, 

a unit serving a generator during 1997 or 

1998 that had a nameplate capacity greater 

than twenty-five (25) megawatts and 

producing electricity for sale under a firm 

contract to the electric grid; or (iii) on or after 

January 1, 1999, a unit serving a generator at 

any time that has a nameplate capacity 

greater than twenty-five (25) megawatts and 

produces electricity for sale. (D) For 

cogeneration units commencing operation: (i) 

Before January 1, 1997, a unit serving a 

generator during 1995 or 1996 that had a 

nameplate capacity greater than twenty-five 

(25) megawatts and failing to qualify as an 

unaffected unit for 1995 or 1996 under the 

acid rain program; (ii) in 1997 or 1998, a unit 

serving a generator during 1997 or 1998 with 

a nameplate capacity greater than twenty-five 

(25) megawatts and failing to qualify as an 

unaffected unit for 1997 or 1998 under the 

acid rain program; or (iii) on or after January 

1, 1999, a unit serving at any time as a 

generator with a nameplate capacity greater 

than twenty-five (25) megawatts and failing 

to qualify as an unaffected unit under the 

acid rain program for any year.’’ 

IDEM has made all the appropriate 

changes at 326 IAC 24–3–2 (51) with 

minor wording changes, which include 

the clarification of the phrase, ‘‘(C) For 

units other than cogeneration units that 

are not already subject to this rule under 

section 1(a)(1) or 1(a)(3) of this rule 

commencing operation * * *.’’ and a 

phrase at the end of the rule that reads, 

‘‘The term does not include a unit 

subject to 326 IAC 10–3.’’ At 326 IAC 

24–3–2 (51)(C)(iii), Indiana’s rule ends 

with, ‘‘for sale under a firm contract to 

the electric grid,’’ which differs from the 

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model rule which ends with, ‘‘for sale.’’ 

EPA asked for clarification of the 

phrase, ‘‘for sale under a firm contract to 

the electric grid.’’ On September 25, 

2009, IDEM stated that, although the 

language differs slightly, all sources 

subject to the NOX Budget Trading 

Program would also be subject to the 

CAIR NOX Ozone season Trading 

Program. Because there is no 

applicability gap for affected sources, 

and because other revisions Indiana has 

made serve to clarify the existing rule, 

EPA finds that the revision of the term, 

‘‘large affected unit’’ in 326 IAC 24–3–2 

is approvable. 

G. Federal Definition of ‘‘Biomass’’ in 

Reference to ‘‘Cogeneration Unit’’ 

EPA changed the definition of 

‘‘cogeneration unit’’ as it applies to 

CAIR, CAIR FIPs, and the CAIR model 

cap-and-trade rules in 72 FR 59190. 

Specifically, EPA revised the 

calculation methodology for the 

efficiency standard in the cogeneration 

unit definition to exclude energy input 

from biomass. At 326 IAC 24–1–2 (8), 

326 IAC 24–2–2 (8), and 326 IAC 24–3– 

2 (8), Indiana has made this change 

verbatim. EPA finds the addition of the 

term ‘‘biomass’’ to the SIP approvable. 

H. The State’s Complete CAIR 

Regulations 

As discussed previously, EPA granted 

a limited approval to Indiana’s 

abbreviated SIP on October 22, 2007. 

This action was a result of the State’s 

request on September 20, 2007, that 

EPA act on a portion of its February 28, 

2007, submittal. Consequently, EPA 

approved an abbreviated SIP revision 

for Indiana which addressed the 

applicability provisions for the NOX

ozone season trading programs and 

supporting definitions of terms, the 

methodology to be used to allocate NOX

annual and ozone season NOX

allowances and supporting definitions 

of terms, the CSP provisions for the NOX

annual trading program, and provisions 

for SO2 and NOX opt-in units, all under 

the CAIR FIP. 

The State’s June 29, 2009, submittal 

was intended to satisfy requirements 

that would allow us to approve 

Indiana’s CAIR regulations so as to 

transition from an abbreviated SIP with 

limited approval to a full SIP with full 

approval. Indiana addressed the 

deficiencies that EPA found with its 

existing CAIR regulations and also 

adopted the Federal definition of 

‘‘biomass’’ as it pertains to ‘‘cogeneration 

unit.’’ 

However, it was not clear in the June 

29, 2009, submittal that IDEM was 

requesting full approval of the CAIR 

rules contained in 326 IAC 24–1, 326 

IAC 24–2, and 326 IAC 24–3. On 

December 9, 2009, IDEM sent a letter to 

EPA clarifying that such was its intent. 

Therefore, inasmuch as the State has 

cured the identified deficiencies and as 

such is the State’s intent, we are 

approving Indiana’s CAIR regulations in 

their entirety for incorporation into the 

SIP. 

I. NOX Reduction Program for Specific 

Source Categories—Applicability 

On February 28, 2007, Indiana also 

submitted minor revisions to 326 IAC 

10–3, ‘‘NOX Reduction Program for 

Specific Source Categories.’’ Namely, the 

revisions pertain to the ‘‘Applicability’’ 

portion of this rule. The revisions refer 

to 326 IAC 24 and 326 IAC 24–3. The 

reference to 326 IAC 24–3 clarifies that 

326 IAC 10–3–1 applies to any other 

blast furnace gas fired boilers with a 

heat input greater than 250,000,000 Btu 

per hour that is not subject to 326 IAC 

10–4 or 326 IAC 24–3. As this revision 

ensures that all applicable sources are 

covered, EPA finds it approvable. The 

reference to 326 IAC 24 clarifies that the 

monitoring, recordkeeping, and 

reporting requirements under section 4 

and 5 of 326 IAC 10–3–1 does not apply 

to a unit that opts into the NOX Budget 

Trading Program under 326 IAC 10–4 or 

326 IAC 24. As the State’s CAIR has its 

own set of monitoring, recordkeeping, 

and reporting requirements, EPA finds 

this revision to be approvable. 

J. Sunset Provision 

EPA did not act on 326 IAC 10–4–16, 

‘‘Sunset,’’ when Indiana submitted the 

rule as part of its original CAIR package 

on February 28, 2007. We are approving 

this rule into the Indiana SIP today, and 

it reads: 

‘‘Sec. 16. (a) Sections 1 through 15 of this 

rule shall not apply to any control period in 

2009 or thereafter. The 2009 NOX allowances 

allocated under section 9 of this rule remain 

in effect for purposes of the Clean Air 

Interstate Rule (CAIR) NOX ozone season 

trading program in 326 IAC 24–3. 

(b) By December 31, 2008, the department 

shall allocate any remaining allowances for 

the years 2004 through 2008 in the EGU or 

large affected unit new unit set-aside or the 

energy efficiency and renewable energy setaside to the relevant existing NOX budget 

units on a pro rata basis. The allowances 

from the energy efficiency and renewable 

energy set-aside shall be allocated to existing 

large affected units.’’ 

Approval of the termination of the 

NOX Budget Trading Program provision 

ensures that there are no conflicts 

between allocations made under the 

NOX Budget Trading Program and 

allocations made under the CAIR NOX

Ozone Season Trading Program. The 

NOX SIP Call requirements will now be 

met through the implementation of 

CAIR. 

VI. Final Action 

EPA is approving revisions to 

Indiana’s CAIR, which the State 

submitted on June 29, 2009. The rules 

supplement the State’s original CAIR, 

for which EPA promulgated limited 

approval on October 22, 2007 (72 FR 

59480). The State has corrected 

deficiencies in its original CAIR 

submittal, and has made appropriate 

revisions that align State and Federal 

definitions for ‘‘cogeneration unit’’ and 

‘‘biomass,’’ as contained in 72 FR 59190. 

In addition, EPA is approving into the 

Indiana SIP the remainder of Indiana’s 

CAIR regulations upon which we did 

not previously act. EPA is also 

approving the applicability provisions 

of Indiana’s NOX Reduction Program for 

Specific Source Categories, as well as 

the sunset provision from Indiana’s NOX

Budget Trading Program. Lastly, EPA is 

approving minor wording, formatting, 

and typographical changes contained in 

the State’s submittal; since these 

changes serve to clarify the existing 

rules or to correct minor errors, EPA 

finds them approvable. With this 

approval, Indiana has transitioned from 

an abbreviated CAIR SIP with limited 

approval to a full SIP with full approval. 

After the effective date of this direct 

final rule, Indiana will no longer be 

subject to elements of CAIR FIPs. This 

action causes the CAIR FIPs with regard 

to sulfur dioxide (SO2), NOX annual, 

and NOX ozone season emissions by 

Indiana sources to be automatically 

withdrawn. 

Specifically, EPA is approving the 

following rules, which were submitted 

on June 29, 2009: 326 IAC 24–1–2, 326 

IAC 24–1–7, 326 IAC 24–1–8, 326 IAC 

24–1–9, 326 IAC 24–1–12, 326 IAC 24– 

2–2, 326 IAC 24–2–7, IAC 24–2–8, IAC 

24–2–11, IAC 24–3–1, IAC 24–3–2, IAC 

24–3–7, IAC 24–3–8, IAC 24–3–9, IAC 

24–3–12. The rules became effective 

State-wide on June 11, 2009. 

EPA is also approving the remainder 

of the State’s CAIR regulations, which 

were submitted on February 28, 2007. 

These rules include: 326 IAC 24–1–1, 

326 IAC 24–1–3, 326 IAC 24–1–4, 326 

IAC 24–1–5, 326 IAC 24–1–6, 326 IAC 

24–1–10, 326 IAC 24–1–11, 326 IAC 24– 

2–1, 326 IAC 24–2–3, 326 IAC 24–2–4, 

326 IAC 24–2–5, 326 IAC 24–2–6, 326 

IAC 24–2–9, 326 IAC 24–2–10, 326 IAC 

24–3–3, 326 IAC 24–3–4, 326 IAC 24– 

3–5, 326 IAC 24–3–6, 326 IAC 24–3–10, 

and 326 IAC 24–3–11. These rules 

became effective State-wide on February 

25, 2007. 

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As previously mentioned, EPA is 

further approving revisions submitted 

on February 28, 2007, pertaining to the 

State’s Nitrogen Oxide Reduction 

Program for Specific Source Categories, 

Applicability provisions as contained in 

326 IAC 10–3–1. This revision was 

effective State-wide on February 25, 

2007. Lastly, EPA is approving the 

sunset provision in their NOX Budget 

Trading Program; this specific provision 

is contained in 326 IAC 10–4–16. This 

rule was submitted on February 28, 

2007, and became effective State-wide 

on February 25, 2007. 

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 January 28, 2011 without 

further notice unless we receive relevant 

adverse written comments by December 

29, 2010. 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; therefore, 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 

January 28, 2011. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not 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 January 28, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: November 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

§ 52.35 [Amended] 

■ 2. Section 52.35 is amended by: 

■ a. In paragraph (d)(1), by adding, after 

the word ‘‘are:’’, the words ‘‘Indiana, 

and’’; and 

■ b. In paragraph (d)(2), by adding, after 

the words ‘‘chapter, are:’’, the words 

‘‘Indiana, and’’. 

§ 52.36 [Amended] 

■ 3. Section 52.36 is amended in 

paragraph (c) by adding, after the word 

‘‘are:’’, the words ‘‘Indiana, and’’. 

■ 4. In § 52.770, the table in paragraph 

(c) is amended by: 

■ a. Revising the entries for Article 10, 

sections 10–3 and 10–4. 

■ b. Revising the entries for Article 24, 

sections 24–1, 24–2 and 24–3. 

■ The revisions read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

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EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Title Indiana effective date EPA approval date Notes 

*******

Article 10. Nitrogen Oxides Rules 

*******

10–3 ......... Nitrogen Oxide Reduction Program for 

Specific Source Categories.

02/25/2007 11/29/2010, [Insert page number where the 

document begins].

Sec. 1. 

10–4 ......... Nitrogen Oxides Budget Trading Program .. 02/25/2007 11/29/2010, [Insert page number where the 

document begins].

Sec. 16. 

*******

Article 24. Trading Programs: Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2) 

*******

24–1 ......... Clean Air Interstate Rule Nitrogen Oxides 

Annual Trading Program.

02/25/2007 11/29/2010, [Insert page number where the 

document begins].

Sec. 1, 3, 4, 5, 6, 10, 

11. 

06/11/2009 11/29/2010, [Insert page number where the 

document begins].

Sec. 2, 7, 8, 9, 12. 

24–2 ......... Clean Air Interstate Rule (CAIR) Sulfur Dioxide Trading Program.02/25/2007 11/29/2010, [Insert page number where the 

document begins].

Sec. 1, 3, 4, 5, 6, 9, 

10. 

06/11/2009 11/29/2010, [Insert page number where the 

document begins].

Sec. 2, 7, 8, 11. 

24–3 ......... Clean Air Interstate Rule (CAIR) NOX

Ozone Season Trading Program.

02/25/2007 11/29/2010, [Insert page number where the 

document begins].

Sec. 3, 4, 5, 6, 10, 

11. 

06/11/2009 11/29/2010, [Insert page number where the 

document begins].

Sec. 1, 2, 7, 8, 9, 12. 

* * * * * 

§ 52.789 [Removed] 

■ 5. Section 52.789 is removed. 

§ 52.790 [Removed] 

■ 6. Section 52.790 is removed. 

[FR Doc. 2010–29788 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0594; FRL–9231–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Control of Volatile Organic 

Compound Emissions From Industrial 

Solvent Cleaning Operations; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to an adverse comment, 

EPA is withdrawing the direct final rule 

to approve revisions to Maryland’s State 

Implementation Plan (SIP). This SIP 

revision consists of an addition to 

Maryland’s Volatile Organic 

Compounds from Specific Processes 

Regulation. Maryland Department of the 

Environment (MDE) adopted standards 

for industrial solvent cleaning 

operations that satisfy the reasonably 

available control technology (RACT) 

requirements for sources of volatile 

organic compounds (VOCs) covered by 

control techniques guidelines (CTG). In 

the direct final rule published on 

September 29, 2010 (75 FR 59973), we 

stated that if we received any adverse 

comments by October 29, 2010, the rule 

would be withdrawn and would not 

take effect. EPA received an adverse 

comment within the comment period. 

EPA will address the comment received 

in a subsequent final action based upon 

the proposed action also published on 

September 29, 2010 (75 FR 60013). EPA 

will not institute a second comment 

period on this action. 

DATES: The direct final rule published at 

75 FR 59973, September 29, 2010, is 

withdrawn as of November 29, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R03–OAR–2010–0594 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at Air Protection Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 16, 2010. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

■ Accordingly, the amendment to the 

table in 40 CFR 52.1070(c), published 

on September 29, 2010 (75 FR 59973) on 

page 59975 is withdrawn as of 

November 29, 2010. 

[FR Doc. 2010–29815 Filed 11–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES