Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules 48695 

CFR 51.1004(c), would no longer exist 

for the pertinent area(s), and the 

pertinent area(s) would thereafter have 

to address the pertinent requirements. 

The determinations that EPA 

proposes with this action, that the air 

quality data show attainment of the 

1997 PM2.5 NAAQS, is not equivalent to 

the redesignation of the areas to 

attainment. These proposed actions, if 

finalized, would not constitute a 

redesignation to attainment under 

107(d)(3) of the CAA, because we would 

not yet have approved maintenance 

plans for the areas as required under 

175A of the CAA, nor would we have 

determined that the areas have met the 

other requirements for redesignation. 

The designation status of the areas 

would remain nonattainment for the 

1997 PM2.5 NAAQS until such time as 

EPA determines that the areas meet the 

CAA requirements for redesignation to 

attainment. 

These proposed actions, if finalized, 

are limited to a determination that the 

Chicago and Evansville areas have 

attained the 1997 PM2.5 NAAQS. The 

1997 PM2.5 NAAQS became effective on 

July 18, 1997 (62 FR 36852) and are set 

forth at 40 CFR 50.7. The 2006 PM2.5

NAAQS, which became effective on 

December 18, 2006 (71 FR 61144) are set 

forth at 40 CFR 50.13. EPA is currently 

in the process of making designation 

determinations, as required by CAA 

107(d)(1), for the 2006 PM2.5 NAAQS. 

EPA has not made any designation 

determinations for the Chicago or 

Evansville areas based on the 2006 

PM2.5 NAAQS. These proposed 

determinations, and any final 

determinations, will have no effect on, 

and are not related to, any future 

designation determination that EPA may 

make based on the 2006 PM2.5 NAAQS 

for the Chicago or Evansville areas. 

Conversely, any future designation 

determination of the Chicago or 

Evansville areas, based on the 2006 

PM2.5 NAAQS, will not have any effect 

on the determinations proposed by this 

action. 

If these proposed determinations are 

made final and the Chicago and 

Evansville areas continue to 

demonstrate attainment with the 1997 

PM2.5 NAAQS, the requirements for the 

Chicago and Evansville areas to submit 

an attainment demonstration and 

associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 PM2.5 NAAQS would remain 

suspended, regardless of whether EPA 

designates these areas as nonattainment 

areas for purposes of the 2006 PM2.5

NAAQS. Once the areas are designated 

for the 2006 NAAQS, they will have to 

meet all applicable requirements for that 

designation. 

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

not subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action proposes to make 

a determination based on air quality 

data and would, if finalized, result in 

the suspension of certain Federal 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C 601 et seq.). Because this 

rule proposes to make a determination 

based on air quality data, and would, if 

finalized, result in the suspension of 

certain Federal requirements, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This proposed rule also does not have 

Tribal implications because it will not 

have a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

proposed action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to make a determination based 

on air quality data and would, if 

finalized, result in the suspension of 

certain Federal requirements, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This proposed rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks’’ (62 FR 19885, April 23, 1997) 

because it proposes to determine that air 

quality in the affected area is meeting 

Federal standards. 

The requirements of 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures to otherwise 

satisfy the provisions of the CAA. This 

proposed rule does not impose an 

information collection burden under the 

provisions of the Paper Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 

Under Executive Order 12898, EPA 

finds that this rule, pertaining to the 

determinations of attainment of the fine 

particle standard for the Chicago 

(Illinois and Indiana) and Evansville 

(Indiana) areas, involves proposed 

determinations of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: September 16, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–23087 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0370; FRL–8962–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Clean Air Interstate 

Rule; NOX SIP Call Rule; Amendments 

to NOX Control Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Pennsylvania State 

Implementation Plan (SIP). The revision 

addresses the requirements of EPA’s 

Clean Air Interstate Rule (CAIR) and 

modifies other requirements in 

Pennsylvania’s SIP that interact with 

CAIR including: The termination of 

Pennsylvania’s NOX Budget Trading 

Program; statewide provisions for large, 

stationary internal combustion engines; 

statewide provisions for large cement 


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kilns; provisions for small sources of 

NOX in the Pennsylvania portion of the 

Philadelphia 8-hour ozone 

nonattainment area; and emission 

reduction credits. Although the DC 

Circuit found CAIR to be flawed, the 

rule was remanded without vacatur and 

remains in place. Thus, EPA is 

continuing to take action on CAIR SIPs 

as appropriate. CAIR, as promulgated, 

requires States to reduce emissions of 

sulfur dioxide (SO2) and nitrogen oxides 

(NOX) that significantly contribute to, or 

interfere with maintenance of, the 

national ambient air quality standards 

(NAAQS) for fine particulates and/or 

ozone in any downwind State. CAIR 

establishes budgets for SO2 and NOX for 

States that contribute significantly to 

nonattainment in downwind States and 

requires the significantly contributing 

States to submit SIP revisions that 

implement these budgets. States have 

the flexibility to choose which control 

measures to adopt to achieve the 

budgets, including participation in EPAadministered cap-and-trade programs 

addressing SO2, NOX annual, and NOX

ozone season emissions. In the SIP 

revision that EPA is proposing to 

approve, Pennsylvania will meet CAIR 

requirements by participating in these 

cap-and-trade programs. EPA is 

proposing to approve the SIP revision, 

as interpreted and clarified herein, as 

fully implementing the CAIR 

requirements for Pennsylvania. Of note, 

a final approval action of this SIP 

revision will result in the automatic 

withdrawal of the CAIR FIP in 

Pennsylvania. 

DATES: Written comments must be 

received on or before October 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0370 by one of the 

following methods: 

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

the online instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0370, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0370. 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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Proposing? 

II. What Is the Regulatory History of CAIR 

and the CAIR Federal Implementation 

Plans (FIPs)? 

III. What Are the General Requirements of 

CAIR and the CAIR FIPs? 

IV. What Are the Types of CAIR SIP 

Submittals? 

V. Analysis of Pennsylvania’s CAIR SIP 

Submittal 

A. State Budgets for Allowance Allocations 

B. CAIR Cap-and-Trade Programs 

C. Applicability Provisions 

D. NOX Allowance Allocations 

E. Allocation of NOX Allowances From 

Compliance Supplement Pool 

F. Individual Opt-In Units 

G. Clarifications and Interpretations 

H. Other Requirements in This SIP 

Revision 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What Action Is EPA Proposing? 

EPA is proposing to approve the SIP 

revision submitted by Pennsylvania on 

May 23, 2008, as meeting the applicable 

CAIR requirements by requiring certain 

electric generating units (EGUs) to 

participate in the EPA-administered 

CAIR cap-and-trade programs 

addressing SO2, NOX annual, and NOX

ozone season emissions. The SIP 

revision also includes provisions that 

terminate Pennsylvania’s NOX Budget 

Trading Program under the NOX SIP 

Call and establishes emission caps for 

the non-EGUs that were affected by the 

NOX Budget Trading Program. EPA is 

also proposing to approve revisions that 

address NOX ozone season emission 

reduction requirements for internal 

combustion engines and cement kilns 

statewide, and small sources of NOX in 

the five counties that comprise the 

Pennsylvania portion of the 

Philadelphia 8-hour ozone 

nonattainment area, all of which were 

originally approved as part of the 

Pennsylvania SIP on September 29, 

2006. 

II. What Is the Regulatory History of 

CAIR and the CAIR FIPs? 

EPA published CAIR on May 12, 2005 

(70 FR 25162). In this rule, EPA 

determined that 28 States and the 

District of Columbia contribute 

significantly to nonattainment and 

interfere with maintenance of the 

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 StateVerDate Nov<24>2008 15:18 Sep 23, 2009 Jkt 217001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\24SEP1.SGM 24SEP1

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wide emission reduction requirements 

(i.e., budgets) for SO2 and annual Statewide emission reduction requirements 

for NOX. Similarly, for jurisdictions that 

contribute significantly to 8-hour ozone 

nonattainment, CAIR sets State-wide 

emission reduction requirements or 

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 explains to subject States what 

must be included in SIPs to address the 

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

the Clean Air Act (CAA) with regard to 

interstate transport with respect to the 

8-hour ozone and PM2.5 NAAQS. EPA 

made national findings, effective on 

May 25, 2005, 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 requirements of section 

110(a)(2)(D). Under CAA section 

110(c)(1), EPA may issue a FIP anytime 

after such findings are made and must 

do so within two years unless a SIP 

revision correcting the deficiency is 

approved by EPA before the FIP is 

promulgated. 

On April 28, 2006, EPA promulgated 

FIPs for all States covered by CAIR in 

order to ensure the emissions reductions 

required by CAIR are achieved on 

schedule. The CAIR FIPs require EGUs 

to participate in the EPA-administered 

CAIR SO2, NOX annual, and NOX ozone 

season trading programs, as appropriate. 

The CAIR FIP SO2, NOX annual, and 

NOX ozone season trading programs 

impose essentially the same 

requirements as, and are integrated 

with, the respective CAIR SIP trading 

programs. The integration of the FIP and 

SIP trading programs means that these 

trading programs will work together to 

create effectively a single trading 

program for each regulated pollutant 

(SO2, NOX annual, and NOX ozone 

season) in all States covered by the 

CAIR FIP or SIP trading program for that 

pollutant. Further, as provided in a rule 

published by EPA on November 2, 2007, 

a State’s CAIR FIPs are automatically 

withdrawn when EPA approves a SIP 

revision, in its entirety and without any 

conditions, 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, 

will 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. 

On April 28, 2006, EPA published 

two additional CAIR-related final rules 

that added the States of Delaware and 

New Jersey to the list of States subject 

to CAIR for PM2.5 and announced EPA’s 

final decisions on reconsideration of 

five issues, without making any 

substantive changes to the CAIR 

requirements. 

On October 19, 2007, EPA amended 

CAIR and the CAIR FIPs to clarify the 

definition of ‘‘cogeneration unit’’ and 

thus the applicability of the CAIR 

trading program to cogeneration units. 

EPA was sued by a number of parties 

on various aspects of CAIR, and on July 

11, 2008, the U.S. Court of Appeals for 

the District of Columbia Circuit issued 

its decision to vacate and remand both 

CAIR and the associated CAIR FIPs in 

their entirety. North Carolina v. EPA, 

531 F.3d 836 (DC Cir. Jul. 11, 2008). 

However, in response to EPA’s petition 

for rehearing, the Court issued an order 

remanding CAIR to EPA without 

vacating either CAIR or the CAIR FIPs. 

North Carolina v. EPA, 550 F.3d 1176 

(DC Cir. Dec. 23, 2008). The Court 

thereby left CAIR in place in order to 

‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

until EPA replaces it with a rule 

consistent with the Court’s opinion. Id. 

at 1178. The Court directed EPA to 

‘‘remedy CAIR’s flaws’’ consistent with 

its July 11, 2008 opinion, but declined 

to impose a schedule on EPA for 

completing that action. Id. Therefore, 

CAIR and the CAIR FIP are currently in 

effect in Pennsylvania. 

III. What Are the General Requirements 

of CAIR and the CAIR FIPs? 

CAIR establishes State-wide emission 

budgets for SO2 and NOX and is to be 

implemented in two phases. The first 

phase of NOX reductions starts in 2009 

and continues through 2014, while the 

first phase of SO2 reductions starts in 

2010 and continues through 2014. The 

second phase of reductions for both 

NOX and SO2 starts in 2015 and 

continues thereafter. CAIR requires 

States to implement the budgets by 

either: (1) Requiring EGUs to participate 

in the EPA-administered cap-and-trade 

programs; or (2) adopting other control 

measures of the State’s choosing and 

demonstrating that such control 

measures will result in compliance with 

the applicable State SO2 and NOX

budgets. 

The May 12, 2005 and April 28, 2006 

CAIR rules provide model rules that 

States must adopt (with certain limited 

changes, if desired) if they want to 

participate in the EPA-administered 

trading programs. With two exceptions, 

only States that choose to meet the 

requirements of CAIR through methods 

that exclusively regulate EGUs are 

allowed to participate in the 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 States that 

include all non-EGUs from their NOX

SIP Call trading programs in their CAIR 

NOX ozone season trading programs. 

IV. What Are the Types of CAIR SIP 

Submittals? 

States have the flexibility to choose 

the type of control measures they will 

use to meet the requirements of CAIR. 

All States are meeting the CAIR 

requirements through 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 SIP Call 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; 


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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 reasons that 

EPA is approving the provisions of Pennsylvania’s 

SIP revision that use the SO2 and NOX budgets set 

in CAIR, EPA is also approving, as discussed below, 

Pennsylvania’s SIP revision to the extent the SIP 

revision adopts the CAIR trading programs, 

including the provisions addressing applicability, 

allowance allocations, and use of title IV 

allowances. 

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 full 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, EPA approval in full, 

without any conditions, of a CAIR full 

SIP revision causes the CAIR FIPs to be 

automatically withdrawn. 

V. Analysis of Pennsylvania’s CAIR SIP 

Submittal 

Pennsylvania’s SIP revision is 

comprised of amendments to 

Pennsylvania regulations codified at 25 

Pa. Code Chapters 121, 129, and 145. 

These requirements were adopted by the 

Commonwealth to implement the 

requirements of CAIR, terminate the 

Commonwealth’s NOX Budget Trading 

Program, require NOX emission limits 

for the non-EGUs that were trading 

sources in the NOX Budget Trading 

Program, revise provisions relating to 

the use of allowances by non-CAIR 

sources and address provisions related 

to emission reduction credits. A more 

detailed discussion of the State’s 

submittal may be found in section C of 

the TSD. 

A. State Budgets for Allowance 

Allocations 

The CAIR NOX annual and ozone 

season budgets were developed from 

historical heat input data for EGUs. 

Using these data, EPA calculated annual 

and ozone season regional heat input 

values, which were multiplied by 0.15 

lb/mmBtu, for phase 1 and 0.125 lb/ 

mmBtu, for phase 2, to obtain regional 

NOX budgets for 2009–2014 and for 

2015 and thereafter, respectively. EPA 

derived the State NOX annual and ozone 

season budgets from the regional 

budgets using State heat input data 

adjusted by fuel factors. 

The CAIR State SO2 budgets were 

derived by discounting the tonnage of 

emissions authorized by annual 

allowance allocations under the Acid 

Rain Program under title IV of the CAA. 

Under CAIR, each allowance allocated 

in the Acid Rain Program for the years 

in phase 1 of CAIR (2010 through 2014) 

authorizes 0.5 ton of SO2 emissions in 

the CAIR trading program, and each 

Acid Rain Program allowance allocated 

for the years in phase 2 of CAIR (2015 

and thereafter) authorizes 0.35 ton of 

SO2 emissions in the CAIR trading 

program. 

In today’s action, EPA is proposing to 

approve Pennsylvania’s SIP revision 

that incorporates by reference the 

budgets established in the CAIR rules. 

These budgets are: 99,049 tons for NOX

annual emissions from 2009 through 

2014 and 82,541 tons from 2015 and 

thereafter; 42,171 tons for NOX ozone 

season emissions from 2009 through 

2014 and 35,143 tons from 2015 and 

thereafter; and 275,990 tons for SO2

annual emissions from 2009 through 

2014 and 193,193 tons from 2015 and 

thereafter. These are the total amounts 

of allowances available for allocation for 

each year under the EPA-administered 

cap-and-trade programs. 

EPA notes that, in North Carolina, id. 

at 916–21, 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. Id. 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.). The 

process at EPA of developing a proposal 

that will undergo notice and comment 

and result in a final replacement rule is 

ongoing. 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. North 

Carolina, 550 F.3d at 1178. 

B. CAIR Cap-and-Trade Programs 

The CAIR NOX annual and ozoneseason model trading rules both largely 

mirror the structure of the NOX SIP Call 

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 SIP Call 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 SIP Call 

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 requirement by participating in 

the CAIR NOX ozone season trading 

program and including all their NOX SIP 

Call 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, the SO2

model rule is coordinated with the 

ongoing Acid Rain SO2 cap-and-trade 

program under CAA title IV. 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 1 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 also 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. The CAIR FIP 

for Pennsylvania is in place and will be 

automatically withdrawn upon final 

approval of this SIP revision. 


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2Because the Pennsylvania CAIR SIP was not in 

effect at the time, the 2009 allocations for sources 

in Pennsylvania were issued under the FIP. 

Allocations beginning with vintage year 2010 will 

be issued in accordance with the Commonwealth’s 

CAIR SIP when finally approved. 

Pennsylvania has chosen to 

implement its CAIR budgets by 

requiring EGUs to participate in EPAadministered cap-and-trade programs 

for SO2, NOX annual, and NOX ozone 

season emissions. Pennsylvania has 

adopted a full SIP revision that 

incorporates by reference the CAIR 

model cap-and-trade rules for SO2, NOX

annual, and NOX ozone season 

emissions except for the provisions 

pertaining to: (1) The timing of 

allocations, (2) the new unit set aside, 

(3) the priority for issuance of 

allocations from its State budget, and (4) 

the establishment of a set aside for 

certain units. 

C. 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 

MWe producing electricity for sale. 

Pennsylvania’s CAIR rule adopts, by 

reference, the CAIR model trading rule 

applicability described in 40 CFR 

96.104, 96.204 and 96.304. 

States have the option of bringing in, 

for the CAIR NOX ozone season program 

only, those units in the State’s NOX SIP 

Call 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 SIP Call 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

SIP Call trading program that are not 

already included under 40 CFR 96.304. 

Under this option, the CAIR NOX ozone 

season program must cover all large 

industrial boilers and combustion 

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

units serving a generator with a 

nameplate capacity of 25 MWe or less) 

that the State currently requires to be in 

the NOX SIP Call trading program. 

Pennsylvania has chosen not to 

expand the applicability provisions of 

the CAIR NOx ozone season trading 

program to include all non-EGUs that 

participated in the Commonwealth’s 

NOx Budget Trading Program. Instead, 

Pennsylvania has adopted new 

requirements that establish individual 

emissions caps for these units, as well 

as an overall statewide emissions cap 

(see, Section V. H., below). 

D. NOX Allowance Allocations 

Under the NOX allowance allocation 

methodology in the CAIR model trading 

rules and in the CAIR FIP, NOX annual 

and ozone season allowances are 

allocated to units that have operated for 

five years, based on heat input data from 

a three-year period that are adjusted for 

fuel type by using fuel factors of 1.0 for 

coal, 0.6 for oil, and 0.4 for other fuels. 

The CAIR model trading rules and the 

CAIR FIP also provide a new unit setaside from which units without five 

years of operation are allocated 

allowances based on the units’ prior 

year emissions. 

States may establish in their SIP 

submissions a different NOX allowance 

allocation methodology that will be 

used to allocate allowances to sources in 

the States if certain requirements are 

met concerning the timing of 

submission of units’ allocations to the 

Administrator for recordation and the 

total amount of allowances allocated for 

each control period. In adopting 

alternative NOX allowance allocation 

methodologies, States have flexibility 

with regard to: 

1. The cost to recipients of the 

allowances, which may be distributed 

for free or auctioned; 

2. The frequency of allocations; 

3. The basis for allocating allowances, 

which may be distributed, for example, 

based on historical heat input or electric 

and thermal output; and 

4. The use of allowance set-asides 

and, if used, their size. 

Pennsylvania has chosen to adopt, by 

reference, the allocation methodology of 

the model rule for both the NOX annual 

and the NOX ozone season trading 

programs, as modified within the 

flexibilities of CAIR. Pennsylvania has 

chosen to replace with its own 

requirements the provisions of 40 CFR 

96.141, 96.142, 96.341, and 96.342 

relating to the distribution of allocations 

and timing of allocations for the CAIR 

NOX annual trading program and the 

CAIR NOX ozone season trading 

program The SIP revision requires that 

allowances for 2010 through 2012 will 

be submitted to the Administrator by 

April 30, 2008,2 allowances for 2013 

will be submitted by April 30, 2009, and 

allowances for each subsequent year 

will be submitted by April 30 of the year 

four years prior to the respective control 

period. While this is different from the 

model rule provisions, the requirement 

that allocations be made by the 

Commonwealth four years in advance of 

the respective control period meets the 

CAIR requirements in 40 CFR 

51.123(o)(2)(ii)(B) for the NOX annual 

trading program and 40 CFR 

51.123(aa)(2)(ii)(C) for the NOX ozone 

season trading program. 

Similarly, the timing for allocation to 

new units in Pennsylvania is modified. 

These allocations will be issued for the 

fifth year after the year the new unit first 

had NOX emissions. The SIP revision 

specifies that by April 30, 2011 and 

every April 30 thereafter, the allowance 

allocation for new units will be 

submitted to the Administrator. This 

meets the CAIR timing requirements in 

40 CFR 51.123(o)(2)(ii)(C) for the NOX

annual trading program and 40 CFR 

51.123(aa)(2)(iii)(D) for the NOX ozone 

season trading program, which require 

that EPA be notified of the amount of 

allowances to be allocated to new units 

by October 31 and July 31 of the year 

of the allocation for the NOX annual 

trading program and the NOX ozone 

season trading program, respectively. 

Also, Pennsylvania has chosen not to 

use a ‘‘set-aside’’ for allocations to new 

units. Instead, existing units, new units, 

and qualifying resources will be 

allocated from the same allowance pool. 

Allocation priority is given to new 

units, after which existing units and 

qualifying resources will receive 

allocations. New unit allowance 

allocations will be published, and 

opportunity for public comment 

provided, by March 31, 2011 and March 

31 every year thereafter. The allocation 

to new units will be based on the 

previous year’s emissions. Allowance 

allocations will be of a vintage year five 

years later than the year in which the 

emissions were generated. A new unit 

may also receive an allocation based on 

qualifying converted baseline heat input 

for existing units, with concurrent 

allocations continuing each year until 

the new unit no longer qualifies for new 

unit allocations. The new unit will no 

longer qualify as a new unit five years 

after the unit’s first NOX emissions. 

After five years, the unit will have 

transitioned into regular unit status and 

will no longer be eligible for new unit 

allocations. Since the new units will 

receive future year allowances (vintage 

five years later than the year the 

emissions were generated) until the unit 

no longer qualifies as a new unit, the 

owners and/or operators of the new unit 

will need to obtain current or prior year 

(banked) allowances to comply with the 

current year compliance obligations. 

Pennsylvania has chosen this 

methodology to avoid oversubscription 

of the set-aside (in which case 

allowances are prorated and new units 

do not receive all of its requested 

allowances), allow new sources to be 

integrated into the allowance pool, and 


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allow energy efficiency/renewable 

energy resources a share of allowances 

allocated from the Commonwealth’s 

budget. CAIR NOX annual and CAIR 

NOX ozone season allocations for new 

units in Pennsylvania were allocated 

under the CAIR NOX Annual and CAIR 

NOX Ozone Season FIP for the 2009 

control periods. 

Pennsylvania has chosen to allocate 

CAIR NOX annual and CAIR NOX ozone 

season allowances to renewable energy 

qualifying resources or demand side 

management energy efficiency 

qualifying resources. Pennsylvania will 

determine the allocation of CAIR NOX

annual and CAIR NOX ozone season 

allowances based on conversion of the 

certified quantity of electrical energy 

production, useful thermal energy, and 

the energy equivalent value of the 

measures approved under the 

Pennsylvania Alternative Energy 

Portfolio Standard to equivalent thermal 

energy. The equivalent thermal energy 

will be the unit’s baseline heat input for 

determining the allowance allocations. 

Finally, Pennsylvania has chosen to 

allocate up to 1.3 percent of its CAIR 

NOX annual trading budget in each 

control period to certain facilities that 

were exempted from the Acid Rain 

Program (see CAA Section 405(g)(6)(A), 

42 U.S.C. 7651d(g)(6)(A)). Because they 

were not subject to the Acid Rain 

Program, they received no SO2

allowances under that program. (Acid 

Rain Program allowances are used for 

SO2 compliance in CAIR.) These 

facilities are subject to CAIR and receive 

NOX annual allowances and NOX ozone 

season allowances. The additional NOX

allowances are distributed to these 

facilities for each control period 

beginning in 2010 until 2015. 

E. Allocation of NOX Allowances From 

Compliance Supplement Pool 

The CAIR establishes a CSP to 

provide an incentive for early 

reductions in NOX annual emissions. 

The CSP consists of 200,000 CAIR NOX

annual allowances of vintage 2009 for 

the entire CAIR region, and a State’s 

share of the CSP is based upon the 

projected magnitude of the emission 

reductions required by CAIR in that 

State. States may distribute CSP 

allowances, one allowance for each ton 

of early reduction, to sources that make 

NOX reductions during 2007 or 2008 

beyond what is required by any 

applicable State or Federal emission 

limitation. States also may distribute 

CSP allowances based upon a 

demonstration of need for an extension 

of the 2009 deadline for implementing 

emission controls. 

The CAIR annual NOX model trading 

rule establishes specific methodologies 

for allocations of CSP allowances. States 

may choose an allowed, alternative CSP 

allocation methodology to be used to 

allocate CSP allowances to sources in 

the States. 

Pennsylvania sources are subject to 

the CAIR FIP for 2009 and CSP 

allowances will be distributed under 

those provisions. 

F. 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 

combustion 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 opt a 

unit into a CAIR trading program must 

apply for a CAIR opt-in permit. If the 

unit is issued a CAIR opt-in 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. 

Pennsylvania has chosen to adopt, by 

reference, the provisions of the model 

rule allowing opt-ins for the NOX

annual, NOX ozone season, and SO2

annual trading programs. 

G. Clarifications and Interpretations 

Use of ‘‘Future’’ Unallocated 

Allowances To Correct Any Errors in 

Allocations 

Sections 145.212(g) and 145.222(g) 

allow the use of ‘‘future’’ allowances 

that have not been allocated to correct 

errors in past allocation. EPA is 

proposing to approve this revision to the 

Pennsylvania SIP with the 

understanding that provisions in 

sections 145.212(g) and 145.222(g) 

impacting ‘‘future’’ allowances that have 

not been allocated would rarely be 

implemented. EPA understands that any 

corrections to the allocations would be 

based on calculation errors and would 

not be routine. EPA understands that 

correcting errors in allowance 

allocations would be unlikely since the 

data that is used to determine allowance 

allocations is based on past emissions, 

heat input, electrical energy production, 

or useful thermal energy and not on data 

projections. EPA understands that any 

correction to the ‘‘future’’ allowance 

allocation under these provisions would 

not occur after the allowances have been 

recorded by the Administrator. 

H. Other Requirements in This SIP 

Revision 

1. Use of CAIR Allowances for NonCAIR Sources, Sections 129.201, 

129.202, 129.204, Sections 145.113, 

145.143 

These provisions apply to sources not 

regulated by Pennsylvania’s CAIR 

program. Currently, owners and 

operators of small sources of NOX in the 

five counties that comprise the 

Pennsylvania portion of the 

Philadelphia 8-hour ozone nonattainment area are subject to emission 

limits that, if exceeded, require them to 

surrender NOX SIP Call allowances to 

the Commonwealth. These provisions 

were approved by EPA into the 

Pennsylvania SIP on September 29, 

2006 (71 FR 57428). Similarly, large 

stationary internal combustion engines 

and large cement kilns that are subject 

to the NOX SIP Call are required to 

surrender NOX SIP Call allowances to 

the Commonwealth if they exceed their 

NOX emission limits. Because the NOX

SIP Call trading program has been 

discontinued and NOX SIP Call 

allowances have been converted to 

CAIR NOX ozone season allowances, 

these rules were modified to instead 

require CAIR NOX ozone season 

allowance and CAIR NOX allowance 

surrenders for emission limit 

exceedances. 

EPA is proposing to approve this SIP 

revision with the understanding that the 

impact of these surrendered allowances 

on the overall CAIR market will be 

minimal. Since these provisions were 

originally adopted by the 

Commonwealth, the number of NOX SIP 

Call allowances surrendered have been 

less than one percent of the 

Commonwealth’s total CAIR NOX ozone 

season budget, and would likely 


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3Sources that were exempted under the ‘‘25 ton 

exemption’’ provisions of the NOX Budget Trading 

Program must continue to have the same Federally 

enforceable permits limits (as were required under 

the NOX Budget Trading Program), including 

restricting the units to burning only natural gas or 

fuel oil and NOX emissions to 25 tons or less in a 

control period. 

continue to be minimal in the CAIR 

trading program (See TSD at (C)(4)). 

2. Chapter 145, Subchapter A, NOX

Budget Trading Program; Section 145.8 

‘‘Transition to CAIR NOX Trading 

Programs’’ 

EPA will not administer the NOX

Budget Trading Program after the 2008 

ozone season. The provisions in section 

145.8(a) establish 2008 as the final year 

for NOX allowance allocations under 

Chapter 145, subchapter A, NOX Budget 

Trading Program. Allocations for 2009 

will be made in accordance with the 

CAIR NOX Ozone Season FIP. The CAIR 

NOX ozone season allowance allocations 

for the control period starting May 1, 

2010, and for each control period 

thereafter, will be distributed in 

accordance with Chapter 145, 

Subchapter D, CAIR NOX Trading 

Programs once Pennsylvania’s CAIR SIP 

is finally approved. Under section 

145.8(b), any allowances already 

allocated for 2009 or later under the 

NOX Budget Trading Program are 

terminated. EPA understands that, 

under this provision and section 

145.8(c), all allowances for these years 

under the NOX Budget Trading Program 

are terminated or retired. 

Section 145.8(c) terminates the 

requirements of the NOX Budget 

Trading Program by replacing that 

program’s emissions limitations and 

monitoring requirements related to the 

2010 ozone season (which starts on May 

1, 2010) by the CAIR trading program’s 

emissions limitations and monitoring 

and other requirements related to that 

ozone season. This section also converts 

leftover NOX Budget Trading Program 

allowances to CAIR NOX ozone season 

allowances and provides excess 

emission procedures for the final year of 

the NOX Budget Trading Program. In 

summary, this section clarifies that: For 

the 2008 ozone season, Pennsylvania’s 

NOX Budget Trading Program applies; 

for the 2009 ozone season, the CAIR FIP 

applies; and beginning with the 2010 

ozone season, Pennsylvania’s CAIR NOX

ozone season trading program applies. 

Because Pennsylvania has chosen not 

to expand its CAIR NOX ozone season 

trading program to include non-EGUs 

that were subject to the State’s NOX

Budget Trading Program, Pennsylvania 

is required to meet 40 CFR 51.121(f)(2) 

and (i)(4). These provisions require 

either a NOX mass emissions cap on 

each source, NOX emissions rate limit 

on each source assuming maximum 

operating capacity for purposes of 

estimating mass NOX emissions, or any 

other regulatory requirement that can 

provide emission reductions from those 

sources to meet the 2007 ozone season 

NOX budgets established under the NOX

SIP Call. A State must also impose 

enforceable mechanisms to assure that 

collectively all such sources, including 

new or modified units, will not exceed 

the total ozone season NOX budget. 

Pursuant to 40 CFR 51.121(i)(4), these 

sources must also comply with the 

monitoring provisions of 40 CFR part 

75, subpart H. 

Pennsylvania has added new section 

145.8(d) to address requirements of 

units subject to the NOX Budget Trading 

Program, but not subject to the CAIR 

NOX Ozone Season trading Program. 

Beginning with the 2009 ozone season, 

these units will be required to meet an 

emissions cap and to continue 

monitoring using 40 CFR part 75 

(required through compliance with 40 

CFR part 96, Subpart HHHH and related 

subparts incorporated by reference). 

Pennsylvania’s non-EGU NOX ozone 

season emissions trading budget under 

the NOX SIP Call totals 3,619 tons of 

NOX. Pennsylvania uses 3,438 tons as a 

State-wide ozone season emission 

limitation for these units. Each unit has 

an allowable emission rate, calculated 

by January 31 of each year, based on the 

previous season’s heat input. If the 

combined NOX ozone season emissions 

from all the units subject to section 

145.8(d) exceed the statewide ozone 

season emission limit (3,438 tons), the 

units that exceed their individual 

allowable emissions for that ozone 

season must surrender to the 

Commonwealth one CAIR NOX ozone 

season allowance and one CAIR NOX

annual allowance for each ton of 

emissions over its allowable emission 

limit. The Commonwealth has set aside 

181 tons of the non-EGU budget, 

including tons that will be retired each 

year to compensate for sources that were 

exempted under the ‘‘twenty-five ton 

exemption’’ in section 145.4(b) 3. The 

balance of tons remaining in the set 

aside is available to the Pennsylvania 

Department of Environmental Protection 

annually for accounting corrections. 

EPA understands that any unused 

amount from this set aside would be 

retired by the Commonwealth each year. 

It is unlikely that the statewide NOX

ozone season emission limitation (3,438 

tons) will be exceeded. Pennsylvania’s 

non-EGU sources’ total emissions 

during each of the years they were 

trading under the NOX Budget Trading 

Program have never exceeded 

Pennsylvania’s total non-EGU trading 

budget (3,619 tons) or the statewide 

NOX ozone season emission limitation 

(3,438 tons) (See TSD at (C)(4)). 

Therefore, the provision that the nonEGUs (that were formerly trading 

sources under the NOX Budget Trading 

Program) surrender CAIR allowances 

when the statewide NOX Ozone season 

emission limitation budget is exceeded 

is unlikely to be invoked. 

Included in Subchapter D are 

provisions that integrate emission 

reduction credits (ERCs) under new 

source review with CAIR allowances. 

The provisions require that to the extent 

a CAIR unit is reducing its NOX

emissions and generating emission 

reduction credits for use by another 

source to meet new source review 

requirements, the CAIR NOX annual and 

ozone season budgets must be reduced 

an amount equal to the ERCs. In years 

for which allowances have already been 

allocated, allowances must be 

surrendered by the owner or operator of 

the CAIR unit generating the ERC in 

order to reduce the budgets. In years for 

which allowances have not yet been 

recorded, the budgets will be reduced 

before allowances are recorded and 

distributed. 

EPA expects that the amount of 

allowances removed from the CAIR 

budgets as a result of these provisions 

would likely be minimal. EPA is 

therefore proposing to approve these 

provisions. 

VI. Proposed Action 

EPA is proposing to approve 

Pennsylvania’s full CAIR SIP revision 

submitted on May 23, 2008. The SIP 

revision meets the applicable 

requirements of CAIR, set forth in 40 

CFR 51.123(o) and (aa), with regard to 

NOX annual and NOX ozone season 

emissions, and 40 CFR 51.124(o), with 

regard to SO2 emissions. EPA is also 

proposing to approve revisions to other 

Pennsylvania regulations submitted as 

part of this SIP revision as discussed in 

this notice. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
48702 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules 

Accordingly, this action merely 

proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed approval of 

the Pennsylvania SIP revision to meet 

the requirements of CAIR and transition 

from the NOX Budget Program 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

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

Dated: September 15, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–23052 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0293; FRL–8961–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lead (Pb) Maintenance Plan Update for 

Marion County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Indiana 

Department of Environmental 

Management (IDEM) on April 1, 2009, to 

revise the Indiana State Implementation 

Plan (SIP) for lead (Pb). The State has 

submitted an update to its Pb 

maintenance plan for Marion County for 

continued attainment of the 1.5 

micrograms per cubic meter (μg/m3) 

National Ambient Air Quality Standard 

(NAAQS) promulgated in 1978. This 

update satisfies section 175A of the 

Clean Air Act (CAA), and is in 

accordance with EPA’s May 10, 2000 

approval of the State’s Redesignation 

Request and Maintenance Plan for the 

Marion County Pb nonattainment areas. 

Additionally, this Pb maintenance plan 

satisfies the requirements for 

maintenance plans contained in the 

September 4, 1992 EPA memorandum 

entitled ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment.’’ 

DATES: Comments must be received on 

or before October 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0293, 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, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 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. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA 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. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: September 14, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–22918 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 


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