reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 23 - LEAD-BASED PAINT PROGRAM › Rule 3 - Training Courses and Instructors (Transferred)

Current through July 10, 2024
Transferred from the Air Pollution Control Board ( 326 IAC
				  23-3 ) to the Indiana State Department of Health ( 410 IAC 32-3 ) by P.L.
				  57-2009, SECTION 17, effective July 1, 2009.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 23 - LEAD-BASED PAINT PROGRAM › Rule 4 - Work Practices for Abatement Activities (Transferred)

Current through July 10, 2024
Transferred from the Air Pollution Control Board ( 326 IAC
				  23-4 ) to the Indiana State Department of Health ( 410 IAC 32-4 ) by P.L.
				  57-2009, SECTION 17, effective July 1, 2009.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 23 - LEAD-BASED PAINT PROGRAM › Rule 5 - Work Practice Standards for Nonabatement Activities (Transferred)

Current through July 10, 2024
Transferred from the Air Pollution Control Board ( 326 IAC
				  23-5 ) to the Indiana State Department of Health ( 410 IAC 32-5 ) by P.L.
				  57-2009, SECTION 17, effective July 1, 2009.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 3 - Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program (Repealed) › Section 3-6 - CAIR designated representative for CAIR NO[x] ozone season sources(Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 3 - Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program (Repealed) › Section 3-8 - CAIR NO[x] ozone season allowance allocations (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 3 - Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program (Repealed) › Section 3-9 - CAIR NO[x] ozone season allowance tracking system (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 3 - Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program (Repealed) › Section 3-10 - CAIR NO[x] ozone season allowance transfers (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 3 - Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program (Repealed) › Section 3-12 - CAIR NO[x] ozone season opt-in units (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-1 - Applicability and incorporation by reference

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-11-2; IC 13-15; IC 13-17
Sec. 1.
(a) This
				rule applies to CSAPR NOx annual units and CSAPR
				NOx annual sources as specified in
				40
				CFR 97.404 *, as amended by 81 FR 74605, that
				are located in Indiana.
(b) The
				definitions in IC 13-11-2, 326 IAC 1, and
				40
				CFR 97.402 *, as amended by 84 FR 74604,
				apply throughout this rule. For purposes of this rule, the definition for a
				term provided in
				40
				CFR 97.402 controls in any conflict between
				326 IAC 1 and
				40
				CFR 97.402.
(c) The following federal provisions are
				incorporated by reference:
(1) The CSAPR
				NOx Annual Trading Program at:
(A)
											40
				CFR 97.402 * through
				40 CFR
				97.408 *, as amended by 81 FR
				74604;
(B)
											40 CFR
				97.411(c)(1) * through
				40 CFR
				97.411(c)(4) *, as amended
				by 81 FR 74606;
(C)
											40 CFR
				97.411(c)(5)(i) * and
				40 CFR
				97.411(c)(5)(ii) *, as
				amended by 81 FR 74606;
(D)
											40
				CFR 97.413 * through
				40
				CFR 97.420 *, as amended by 81 FR
				74606;
(E)
											40
				CFR 97.421(e) * through
				40
				CFR 97.421(g) *, as amended
				by 81 FR 74606;
(F)
											40
				CFR 97.421(i) *, as amended
				by 81 FR 74606;
(G)
											40
				CFR 97.421(k) * and
				40
				CFR 97.421(l) *, as amended
				by 81 FR 74606; and
(H)
											40 CFR
				97.422 * through
				40
				CFR 97.435 *, as amended by 81 FR
				74607.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-2 - CSAPR NO[x] annual trading budget

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-15; IC 13-17
Sec. 2.
(a) The
				total Indiana CSAPR NOx annual trading budget, in
				40
				CFR 97.410(a)(4)(iv) *, as
				amended by 81 FR 74606, is available for each control period starting in 2021
				and thereafter. This does not include any tons in a variability
				limit.
(b) For each control period
				in 2021 and thereafter, a new unit set-aside is established for Indiana equal
				to the allowances at
				40
				CFR 97.410(a)(4)(v) *, as
				amended by 81 FR 74606 and any additional allowances at
				40 CFR
				97.411(c)(5) *, as amended
				by 81 FR 74606.
(c) The existing
				unit budget is the difference between the total trading budget at
				40
				CFR 97.410(a)(4)(iv) *, as
				amended by 81 FR 74606, and the new unit set-aside at
				40
				CFR 97.410(a)(4)(v) *, as
				amended by 81 FR 74606.
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, IN 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-3 - CSAPR NO[x] annual allocation timing

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 3.
The department shall allocate CSAPR
				  NOx annual allowances according to the following
				  schedule:
(1) By June 1, 2018, the
				department shall submit to the United States Environmental Protection Agency
				(U.S. EPA) the existing unit allowance allocations, in accordance with section
				5 of this rule, for control periods in 2021 and 2022.
(2) By June 1, 2019, and June 1 every two (2)
				years thereafter, the department shall submit to U.S. EPA the existing unit
				allowance allocations in accordance with section 5 of this rule, for control
				periods four (4) and five (5) years after the applicable deadline for
				submission under this subdivision.
(3) By July 1, 2021, and July 1 of each year
				thereafter, the department shall submit to U.S. EPA the new unit set-aside
				allowance allocations, in accordance with section 6 of this rule, for the
				control period in the year of the applicable deadline for submission under this
				subdivision.
(4) By February 6,
				2022, and February 6 of each year thereafter, the department shall submit to
				U.S. EPA the new unit set-aside allowance allocations in accordance with
				section 7 of this rule, for the control period in the previous year of the
				applicable deadline for submission under this subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-4 - Baseline heat input and historic emissions

Current through July 10, 2024
Authority: IC
				  4-22-2-21;
				  IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC
				  4-22-9-5;
				  IC 13-15; IC 13-17
Sec. 4.
(a) For
				purposes of this rule, an existing unit is any unit with a baseline heat input,
				in million British thermal units (MMBtu). Baseline heat input is determined as
				follows:
(1) If a unit commenced commercial
				operation prior to January 1, 2016, then the following applies:
(A) For an allowance allocation for control
				periods in 2021 and 2022 the baseline heat input is the average of the three
				(3) highest control period heat inputs in 2008 through 2015.
(B) For an allowance allocation for control
				periods in 2023 and 2024 and every two (2) control periods thereafter, the
				baseline heat input is the average of the three (3) highest, non-zero control
				period heat inputs in the eight (8) years before the allocation is
				calculated.
(C) If a unit has only
				two (2) non-zero heat inputs during the eight (8) years before the allocation
				is calculated, the baseline heat input is the average of those two (2) non-zero
				control period heat inputs.
(D) If
				a unit has only one (1) non-zero heat input during the eight (8) years before
				the allocation is calculated, the baseline heat input is that one (1) non-zero
				control period heat input.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-5 - Existing unit allocations and adjustments

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 5.
(a) For each
				control period in 2021 and thereafter, the department shall allocate to all
				existing units that have a baseline heat input the total amount of allowances
				as listed in section 2(c) of this rule in accordance with this
				section.
(b) The initial allocation
				for an existing unit is the existing unit budget multiplied by the ratio of the
				baseline heat input of the unit to the total amount of baseline heat inputs of
				all CSAPR NOx annual units, rounded to the nearest whole
				allowance.
(c) A unit receives no
				allowances if the unit does not operate during the control period in two (2)
				consecutive years as follows:
(1) Allowances
				must not be allocated to the unit for the control period in the fifth year
				after the first year of not operating and in each year after the fifth
				year.
(2) If the unit resumes
				operation, the department must allocate allowances to the unit in accordance
				with the standards for new unit allocations until the unit has a baseline heat
				input.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-6 - New unit allocations

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-15; IC 13-17
Sec. 6.
(a) For each
				control period in 2021 and thereafter, the department shall allocate to all new
				units, a total amount of allowances in the new unit set-aside as listed in
				section 2(b) of this rule.
(b) The
				department must determine for each new unit an allocation of allowances for the
				later of the following control periods and for each subsequent control period:
(1) The control period starting in
				2021.
(2) The first full control
				period after the unit commences commercial operation.
(3) For a unit misallocated allowances under
				40 CFR
				97.411(c) *, as amended by
				81 FR 74606, the first control period in which the unit operates in Indiana
				after operating in another jurisdiction and the unit must not already have been
				allocated one (1) or more allowances.
(4) For a unit that received no allowances as
				described in section 5(c) of this rule that resumes operation, the first full
				control period after the unit resumes operation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 5 - Nitrogen Oxides (NO[x]) Annual Trading Program › Section 5-7 - Unallocated new unit set-aside allowances

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 7.
(a)
				Unallocated allowances remaining in the new unit set-aside after completion of
				the procedures of section 6 of this rule, for a control period, shall be
				allocated first to new units as follows:
(1)
				For each unit that commenced commercial operation during the period starting
				January 1 of the year before the year of the control period and ending November
				30 of the year of the control period, the department shall determine the
				positive difference, if any, between the unit's emissions during the control
				period and the amount of allowances awarded for the unit for the control
				period.
(2) The department shall
				determine the sum of the positive differences determined under subdivision (1)
				and then proceed as follows:
(A) If the amount
				of unallocated allowances remaining in the new unit set-aside for a control
				period is greater than or equal to the sum determined under this subdivision,
				then the department must allocate the amount of allowances determined for each
				unit under subdivision (1).
(B) If
				the amount of unallocated allowances remaining in the new unit set-aside for a
				control period is less than the sum under this subdivision, then the department
				must allocate to each unit under the following formula, rounded to the nearest
				whole allowance:
Unit allowance = ((E-A) x RNUSA) / Sum
Where: Unit allowance is the total allowances allocated to
				  the unit. E is the unit's emissions during the control period.
A is the amount of allowances awarded for the unit for the
				  control period.
RNUSA is the remaining allowances in the new unit
				  set-aside.
Sum is the total amount of allocations under this
				  subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-1 - Applicability and incorporation by reference

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-11-2; IC 13-15; IC 13-17
Sec. 1.
(a) This
				rule applies to CSAPR NOx Ozone Season Group 2 units and
				CSAPR NOx Ozone Season Group 2 sources as specified in
				40 CFR 97.804 *, as added by 81 FR 74627, that are located in
				Indiana.
(b) The definitions in IC
				13-11-2, 326 IAC 1, and 40 CFR 97.802 *, as added by 81 FR 74622, apply
				throughout this rule. For purposes of this rule, the definition for a term
				provided in 40 CFR 97.802 controls in any conflict between 326 IAC 1 and 40 CFR
				97.802.
(c) The following federal
				provisions are incorporated by reference:
(1)
				The CSAPR NOx Ozone Season Group 2 Trading Program at:
(A) 40 CFR 97.802 * through 40 CFR 97.808 *,
				as added by 81 FR 74622;
(B) 40 CFR
				97.811(c)(1) * through 40 CFR 97.811(c)(4) *, as added by 81 FR
				74633;
(C) 40 CFR 97.811(c)(5)(i) *
				and 40 CFR 97.811(c)(5)(ii) *, as added by 81 FR 74633;
(D) 40 CFR 97.813 * through CFR 97.820*, as
				added by 81 FR 74637;
(E) 40 CFR
				97.821(d) * through
				40 CFR
				97.411(g) *, as added by 81
				FR 74642;
(F) 40 CFR 97.821(i) *,
				as added by 81 FR 74642;
(G) 40 CFR
				97.821(k) * and 40 CFR 97.821(l) *, as added by 81 FR 74643; and
(H) 40 CFR 97.822 * through 40 CFR 97.835 *,
				as added by 81 FR 74643.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-2 - CSAPR NO[x] ozone season group 2 trading budget

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-15; IC 13-17
Sec. 2.
(a) The
				total Indiana CSAPR NOx ozone season group 2 trading
				budget, in 40 CFR 97.810(a)(5)(i) *, as added by 81 FR 74631, is available for
				each control period starting in 2021 and thereafter. This does not include any
				tons in a variability limit.
(b)
				For each control period in 2021 and thereafter, a new unit set-aside is
				established for Indiana equal to the allowances at 40 CFR 97.810(a)(5)(ii) *,
				as added by 81 FR 74631, and any additional allowances at 40 CFR 97.811(c)(5)
				*, as added by 81 FR 74633.
(c) The
				existing unit budget is the difference between the total trading budget at 40
				CFR 97.810(a)(5)(i) *, as added by 81 FR 74631, and the new unit set-aside at
				40 CFR 97.810(a)(5)(ii) *, as added by 81 FR 74631.
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, IN 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-3 - CSAPR NO[x] ozone season group 2 allocation timing

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 3.
The department shall allocate CSAPR
				  NOx ozone season group 2 allowances according to the
				  following schedule:
(1) By June 1,
				2018, the department shall submit to U.S. EPA the existing unit allowance
				allocations, in accordance with section 5 of this rule, for control periods in
				2021 and 2022.
(2) By June 1, 2019,
				and June 1 every two (2) years thereafter, the department shall submit to U.S.
				EPA the existing unit allowance allocations in accordance with section 5 of
				this rule, for control periods four (4) and five (5) years after the applicable
				deadline for submission under this subdivision.
(3) By July 1, 2021, and July 1 of each year
				thereafter, the department shall submit to U.S. EPA the new unit set-aside
				allowance allocations, in accordance with section 6 of this rule, for the
				control period in the year of the applicable deadline for submission under this
				subdivision.
(4) By February 6,
				2022, and February 6 of each year thereafter, the department shall submit to
				U.S. EPA the new unit set-aside allowance allocations in accordance with
				section 7 of this rule, for the control period in the previous year of the
				applicable deadline for submission under this subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-4 - Baseline heat input and historic emissions

Current through July 10, 2024
Authority: IC
				  4-22-2-21;
				  IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC
				  4-22-9-5;
				  IC 13-15; IC 13-17
Sec. 4.
(a) For
				purposes of this rule, an existing unit is any unit with a baseline heat input,
				in MMBtu. Baseline heat input is determined as follows:
(1) If a unit commenced commercial operation
				prior to January 1, 2016, then the following applies:
(A) For an allowance allocation for control
				periods in 2021 and 2022 the baseline heat input is the average of the three
				(3) highest control period heat inputs in 2008 through 2015.
(B) For an allowance allocation for control
				periods in 2023 and 2024 and every two (2) control periods thereafter, the
				baseline heat input is the average of the three (3) highest, non-zero control
				period heat inputs in the eight (8) years before the allocation is
				calculated.
(C) If a unit has only
				two (2) non-zero heat inputs during the eight (8) years before the allocation
				is calculated, the baseline heat input is the average of those two (2) non-zero
				control period heat inputs.
(D) If
				a unit has only one (1) non-zero heat input during the eight (8) years before
				the allocation is calculated, the baseline heat input is that one (1) non-zero
				control period heat input.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-5 - Existing unit allocations and adjustments

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 5.
(a) For each
				control period in 2021 and thereafter, the department shall allocate to all
				existing units that have a baseline heat input the total amount of allowances
				as listed in section 2(c) of this rule in accordance with this
				section.
(b) The initial allocation
				for an existing unit is the existing unit budget multiplied by the ratio of the
				baseline heat input of the unit to the total amount of baseline heat inputs of
				all CSAPR NOx ozone season group 2 units, rounded to the
				nearest whole allowance.
(c) A unit
				receives no allowances if the unit does not operate during the control period
				in two (2) consecutive years as follows:
(1)
				Allowances must not be allocated to the unit for the control period in the
				fifth year after the first year of not operating and in each year after the
				fifth year.
(2) If the unit resumes
				operation, the department must allocate allowances to the unit in accordance
				with the standards for new unit allocations until the unit has a baseline heat
				input.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-6 - New unit allocations

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-1
Affected: IC 4-22-9-5; IC 13-15; IC 13-17
Sec. 6.
(a) For each
				control period in 2021 and thereafter, the department shall allocate to all new
				units, a total amount of allowances in the new unit set-aside as listed in
				section 2(b) of this rule.
(b) The
				department must determine for each new unit an allocation of allowances for the
				later of the following control periods and for each subsequent control period:
(1) The control period starting in
				2021.
(2) The first full control
				period after the unit commences commercial operation.
(3) For a unit misallocated allowances under
				40 CFR 97.811(c) *, as added by 81 FR 74633, the first control period in which
				the unit operates in Indiana after operating in another jurisdiction and the
				unit must not already have been allocated one (1) or more allowances.
(4) For a unit that received no allowances as
				described in section 5(c) of this rule that resumes operation, the first full
				control period after the unit resumes operation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 6 - Nitrogen Oxides (NO[x]) Ozone Season Group 2 Trading Program › Section 6-7 - Unallocated new unit set-aside allowances

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 7.
(a)
				Unallocated allowances remaining in the new unit set-aside after completion of
				the procedures of section 6 of this rule, for a control period, shall be
				allocated first to new units as follows:
(1)
				For each unit that commenced commercial operation during the period starting
				January 1 of the year before the year of the control period and ending November
				30 of the year of the control period, the department shall determine the
				positive difference, if any, between the unit's emissions during the control
				period and the amount of allowances awarded for the unit for the control
				period.
(2) The department shall
				determine the sum of the positive differences determined under subdivision (1)
				and then proceed as follows:
(A) If the amount
				of unallocated allowances remaining in the new unit set-aside for a control
				period is greater than or equal to the sum determined under this subdivision,
				then the department must allocate the amount of allowances determined for each
				unit under subdivision (1).
(B) If
				the amount of unallocated allowances remaining in the new unit set-aside for a
				control period is less than the sum under this subdivision, then the department
				must allocate to each unit under the following formula, rounded to the nearest
				whole allowance:
Unit Allowance = ((E-A) x RNUSA) / Sum
Where: Unit allowance is the total allowances allocated to
				  the unit.
E is the unit's emissions during the control period.
A is the amount of allowances awarded for the unit for the
				  control period.
RNUSA is the remaining allowances in the new unit
				  set-aside.
Sum is the total amount of allocations under this
				  subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-1 - Applicability and incorporation by reference

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-11-2; IC 13-15; IC 13-17
Sec. 1.
(a) This
				rule applies to CSAPR SO2 Group 1 units and CSAPR
				SO2 Group 1 sources as specified in
				40
				CFR 97.604 *, as amended by 81 FR 74616, that
				are located in Indiana.
(b) The
				definitions in IC 13-11-2, 326 IAC 1, and
				40
				CFR 97.602 *, as amended by 81 FR 74615,
				apply throughout this rule. For purposes of this rule, the definition for a
				term provided in
				40
				CFR 97.602 controls in any conflict between
				326 IAC 1 and
				40
				CFR 97.602.
(c) The following federal provisions are
				incorporated by reference:
(1) The CSAPR
				SO2 Group 1 Trading Program at:
(A)
											40
				CFR 97.602 * through
				40 CFR
				97.608 *, as amended by 81 FR
				74615;
(B)
											40 CFR
				97.611(c)(1) * through
				40 CFR
				97.611(c)(4) *, as amended
				by 81 FR 74616;
(C)
											40 CFR
				97.611(c)(5)(i) * and
				40 CFR
				97.611(c)(5)(ii) *, as
				amended by 81 FR 74616;
(D)
											40
				CFR 97.613 * through
				40
				CFR 97.620 *, as amended by 81 FR
				74617;
(E)
											40
				CFR 97.621(e) * through
				40
				CFR 97.621(g) *, as amended
				by 81 FR 74617;
(F)
											40
				CFR 97.621(i) *, as amended
				by 81 FR 74617;
(G)
											40
				CFR 97.621(k) * and
				40
				CFR 97.621(l) *, as amended
				by 81 FR 74617; and
(H)
											40 CFR
				97.622 * through
				40
				CFR 97.635 *, as amended by 81 FR
				74617.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-2 - CSAPR SO[2] group 1 trading budget

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-15; IC 13-17
Sec. 2.
(a) The
				Indiana CSAPR SO2 group 1 allowance trading budget, at
				40
				CFR 97.610(a)(2)(iv) *, as
				amended by 81 FR 74616, is available for each control period starting in 2021
				and thereafter. This does not include any tons in a variability
				limit.
(b) For each control period
				in 2021 and thereafter, a new unit set-aside is established for Indiana equal
				to the allowances at
				40
				CFR 97.610(a)(2)(v) *, as
				amended by 81 FR 74616 and any additional allowances at
				40 CFR
				97.611(c)(5) *, as amended
				by 81 FR 74616.
(c) The existing
				unit budget is the difference between the total trading budget at
				40
				CFR 97.610(a)(2)(iv) *, as
				amended by 81 FR 74616, and the new unit set-aside at
				40
				CFR 97.610(a)(2)(v) *, as
				amended by 81 FR 74616.
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, IN 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-3 - CSAPR SO[2] group 1 allocation timing

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 3.
The department shall allocate CSAPR
				  SO2 group 1 allowances according to the following
				  schedule:
(1) By June 1, 2018, the
				department shall submit to U.S. EPA the existing unit allowance allocations, in
				accordance with section 5 of this rule, for control periods in 2021 and
				2022.
(2) By June 1, 2019, and June
				1 every two (2) years thereafter, the department shall submit to U.S. EPA the
				existing unit allowance allocations in accordance with section 5 of this rule,
				for control periods four (4) and five (5) years after the applicable deadline
				for submission under this subdivision.
(3) By July 1, 2021, and July 1 of each year
				thereafter, the department shall submit to U.S. EPA the new unit set-aside
				allowance allocations, in accordance with section 6 of this rule, for the
				control period in the year of the applicable deadline for submission under this
				subdivision.
(4) By February 6,
				2022, and February 6 of each year thereafter, the department shall submit to
				U.S. EPA the new unit set-aside allowance allocations in accordance with
				section 7 of this rule, for the control period in the previous year of the
				applicable deadline for submission under this subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-4 - Baseline heat input and historic emissions

Current through July 10, 2024
Authority: IC
				  4-22-2-21;
				  IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC
				  4-22-9-5;
				  IC 13-15; IC 13-17
Sec. 4.
(a) For
				purposes of this rule, an existing unit is any unit with a baseline heat input,
				in MMBtu. Baseline heat input is determined as follows:
(1) If a unit commenced commercial operation
				prior to January 1, 2016, then the following applies:
(A) For an allowance allocation for control
				periods in 2021 and 2022 the baseline heat input is the average of the three
				(3) highest control period heat inputs in 2008 through 2015.
(B) For an allowance allocation for control
				periods in 2023 and 2024 and every two (2) control periods thereafter, the
				baseline heat input is the average of the three (3) highest, non-zero control
				period heat inputs in the eight (8) years before the allocation is
				calculated.
(C) If a unit has only
				two (2) non-zero heat inputs during the eight (8) years before the allocation
				is calculated, the baseline heat input is the average of those two (2) non-zero
				control period heat inputs.
(D) If
				a unit has only one (1) non-zero heat input during the eight (8) years before
				the allocation is calculated, the baseline heat input is that one (1) non-zero
				control period heat input.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-5 - Existing unit allocations and adjustments

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 5.
(a) For each
				control period in 2021 and thereafter, the department shall allocate to all
				existing units that have a baseline heat input the total amount of allowances
				as listed in section 2(c) of this rule in accordance with this
				section.
(b) The initial allocation
				for an existing unit is the existing unit budget multiplied by the ratio of the
				baseline heat input of the unit to the total amount of baseline heat inputs of
				all CSAPR SO2 group 1 units, rounded to the nearest
				whole allowance.
(c) A unit
				receives no allowances if the unit does not operate during the control period
				in two (2) consecutive years as follows:
(1)
				Allowances must not be allocated to the unit for the control period in the
				fifth year after the first year of not operating and in each year after the
				fifth year.
(2) If the unit resumes
				operation, the department must allocate allowances to the unit in accordance
				with the standards for new unit allocations until the unit has a baseline heat
				input.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-6 - New unit allocations

Current through July 10, 2024
Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 4-22-9-5; IC 13-15; IC 13-17
Sec. 6.
(a) For each
				control period in 2021 and thereafter, the department shall allocate to all new
				units, a total amount of allowances in the new unit set-aside as listed in
				section 2(b) of this rule.
(b) The
				department must determine for each new unit an allocation of allowances for the
				later of the following control periods and for each subsequent control period:
(1) The control period starting in
				2021.
(2) The first full control
				period after the unit commences commercial operation.
(3) For a unit misallocated allowances under
				40 CFR
				97.611(c) *, as amended by
				81 FR 74616, the first control period in which the unit operates in Indiana
				after operating in another jurisdiction and the unit must not already have been
				allocated one (1) or more allowances.
(4) For a unit that received no allowances as
				described in section 5(c) of this rule that resumes operation, the first full
				control period after the unit resumes operation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 24 - CROSS-STATE AIR POLLUTION RULE (CSAPR) › Rule 7 - Sulfur Dioxide (SO[2]) Group 1 Trading Program › Section 7-7 - Unallocated new unit set-aside allowances

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 7.
(a)
				Unallocated allowances remaining in the new unit set-aside after completion of
				the procedures of section 6 of this rule, for a control period, shall be
				allocated first to new units as follows:
(1)
				For each unit that commenced commercial operation during the period starting
				January 1 of the year before the year of the control period and ending November
				30 of the year of the control period, the department shall determine the
				positive difference, if any, between the unit's emissions during the control
				period and the amount of allowances awarded for the unit for the control
				period.
(2) The department shall
				determine the sum of the positive differences determined under subdivision (1)
				and then proceed as follows:
(A) If the amount
				of unallocated allowances remaining in the new unit set-aside for a control
				period is greater than or equal to the sum determined under this subdivision,
				then the department must allocate the amount of allowances determined for each
				unit under subdivision (1).
(B) If
				the amount of unallocated allowances remaining in the new unit set-aside for a
				control period is less than the sum under this subdivision, then the department
				must allocate to each unit under the following formula, rounded to the nearest
				whole allowance:
Unit Allowance = ((E-A) x RNUSA) / Sum
Where: Unit allowance is the total allowances allocated to
				  the unit.
E is the unit's emissions during the control period.
A is the amount of allowances awarded for the unit for the
				  control period.
RNUSA is the remaining allowances in the new unit
				  set-aside.
Sum is the total amount of allocations under this
				  subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12; IC
				  13-27-8-3
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) The
				Indiana Environmental Stewardship Program and Comprehensive Local Environmental
				Action Network Community Challenge Program are voluntary performance based
				leadership programs that offer recognition, regulatory flexibility, and an
				opportunity to work directly with the department on innovative pilot projects
				for entities that consistently demonstrate environmental stewardship and make
				measurable efforts towards continual environmental improvement. In accordance
				with IC 13-27-8-3, an entity is not required to comply with this rule and 326
				IAC 25-2 except as a provision of participation in these programs.
(b) This rule applies to any Indiana entity
				that:
(1) voluntarily participates in either
				program;
(2) meets the eligibility
				requirements of section 3 of this rule; and
(3) maintains membership by complying with
				this rule and 326 IAC 25-2.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12
Affected: IC 13-11-2; IC 13-15; IC 13-17
Sec. 2.
In addition to the definitions in IC 13-11-2, the following
				  definitions apply throughout this rule and
				  326 IAC 25-2:
(1) "Commissioner", as defined in IC
				13-11-2 -35 (a), means the
				commissioner of the department of environmental management.
(2) "Comprehensive Local Environmental Action
				Network Community Challenge Program" or "CLEAN" means the voluntary state
				program for units of local government in Indiana that:
(A) demonstrate environmental stewardship;
				and
(B) strive for continual
				environmental improvement.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-3 - Eligibility criteria

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 3.
(a)
				Participation in ESP or CLEAN is voluntary and is open to entities located and
				operating in Indiana that meet the following criteria:
(1) The standard of environmental compliance
				as described in section 10 of this rule.
(2) Conduct continuous environmental
				improvement initiatives as described in section 12 of this
				rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-4 - Membership application

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) A member
				of senior management shall submit an application, preferably electronically,
				for either ESP or CLEAN, to the department on one (1) of the following:
(1) A form, whether electronically or hard
				copy, provided by the department.
(2) An equivalent form.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-5 - Term of membership

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 5.
(a) The term
				of membership is four (4) years from the date the entity is accepted into the
				program as long as the entity continues to meet the program criteria and
				submits the annual summary.
(b) For
				ESP members, the department may extend the term for up to one (1) year to
				coincide with the annual summary submission by allowing a member whose
				expiration date occurs before April 1 of that year to extend its expiration
				date to April 1 of that year.
(c)
				For CLEAN members, the department may extend the term for up to ninety (90)
				days to accommodate submission of the fourth annual summary, at which time
				CLEAN members may seek to renew membership in the program.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-6 - Renewal of ESP membership

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 6.
(a) To renew
				ESP membership, a member of senior management shall submit a renewal
				application, preferably electronically, by April 1 of the fourth year of
				membership, to the department on one (1) of the following:
(1) A form, either electronically or hard
				copy, provided by the department.
(2) An equivalent form.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-7 - Renewal of CLEAN membership

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 7.
(a) To renew
				CLEAN membership, a member of senior management shall submit the fourth annual
				summary of the previous membership term:
(1)
				to the department within sixty (60) days after the fourth annual anniversary of
				the date the previous membership term began;
(2) to clearly indicate the intention to
				renew membership; and
(3) including
				four (4) objectives, targets, and action plans for the next four (4) year
				term.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-8 - Revocation

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 8.
(a) The
				commissioner shall revoke membership in ESP or CLEAN if the entity has not
				substantially complied with any of the following:
(1) The standards of environmental compliance
				described in section 10 of this rule.
(2) The requirement to make sufficient
				progress toward attaining the environmental initiatives identified and agreed
				upon at the time of application and submittal of the annual
				summaries.
(3) The requirement to
				maintain an approved EMS as required for membership in ESP.
(4) The prohibition against knowingly
				submitting false information:
(A) on the
				application;
(B) in the annual
				summary;
(C) during a site visit or
				evaluation by the department; or
(D) during an independent
				audit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-9 - Transfers

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 9.
Membership in ESP may be transferred to another entity at
				  the same geographic location provided:
(1) the department is notified within ninety
				(90) days of the:
(A) change in ownership or
				management; and
(B) intent to
				maintain membership; and
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-10 - Standards of environmental compliance

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 10.
(a) To be
				accepted into ESP or CLEAN, a member of senior management of the entity shall
				submit a certification with the application to the department certifying that,
				based on information and belief after reasonable inquiry, the entity is
				currently in compliance with all applicable local, state, and federal
				environmental laws, rules, and regulations.
(b) The department shall:
(1) review the administrative, civil, and
				criminal environmental compliance and enforcement history of the entity in
				order to determine if the entity satisfies the required standard of substantial
				environmental compliance;
(2)
				consider all applicable environmental compliance and enforcement criteria,
				including the criteria in subsections (c) and (d) in determining whether or not
				an entity has achieved substantial environmental compliance; and
(3) post the organizational name and location
				for all new and renewal applications on the department Web site within
				twenty-one (21) days of the receipt of each application.