[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Rules and Regulations]
[Page 62337-62357]
[DOCID:fr02no07-13]

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Part III

Environmental Protection Agency

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40 CFR Part 52

Federal Implementation Plans for the Clean Air Interstate Rule:
Automatic Withdrawal Provisions; Final Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-0AR-2007-0510; FRL-8485-7]

Federal Implementation Plans for the Clean Air Interstate Rule:
Automatic Withdrawal Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the Federal
Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) to
provide for automatic withdrawal of the CAIR FIPs in a State upon the
effective date of EPA's approval of a full State implementation plan
(SIP) revision meeting the CAIR requirements. All CAIR States are
required to revise their SIPs to include control measures to reduce the
emissions of nitrogen oxides (NOX) and/or sulfur dioxide
(SO2). The EPA issued the CAIR FIPs on April 28, 2006 as a
backstop to implement the CAIR in each CAIR State until that State has
an EPA-approved CAIR SIP in place to achieve the required reductions.
In the FIP rulemaking, EPA stated it would withdraw the FIPs in a State
in coordination with the approval of the CAIR SIP for that State.
    In this action EPA makes the FIP withdrawal in a State automatic
upon approval of the State's full CAIR SIP and to the extent of that
approval. EPA believes it is appropriate for the FIP withdrawal to be
automatic because to the extent EPA approves the State's full CAIR SIP,
this corrects that deficiency that provided the basis for EPA's
promulgation of the FIPs in that State.

DATES: The direct final rule is effective on January 16, 2008 without
further notice, unless EPA receives adverse comment by December 17,
2007. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.
    Public Hearing: If anyone contacts EPA requesting to speak at a
public hearing by November 13, 2007, EPA will hold a public hearing on
November 19, 2007 in Research Triangle Park, North Carolina.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0510, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ-OAR-2007-0510.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2007-0510.
     Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2007-0510, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2007-0510, Environmental Protection Agency,
1301 Constitution Avenue, NW., Room 3334; Washington, DC. 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-HQ-OAR-
2007-0510. 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 and any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm    Docket: All documents in the docket are listed in the http://.

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,

EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
EPA Docket Center is<PHONE_NUMBER>.
    Rulemaking actions related to the CAIR and the CAIR FIPs are also
available at the EPA's CAIR Web site at http://www.epa.gov/cair.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, Air Quality Planning
Division, Office of Air Quality Planning and Standards, mail code C539-
04, Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number:<PHONE_NUMBER>; fax number: 919-541-
0824; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Outline

I. Why Is EPA Using a Direct Final Rule?
II. Does This Action Apply to Me?
III. What Should I Consider As I Prepare My Comments?
IV. What Are the Details for the Potential Public Hearing?
V. Availability of Related Information
VI. What Is the Background for This Action?
VII. What Is This Direct Final Rule?
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act
    L. Judicial Review

I. Why Is EPA Using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. Under this rule, the CAIR FIPs in a given State will be
automatically withdrawn when, and to the extent, EPA approves a full
CAIR SIP for that State. The FIP will not be withdrawn until the
State's full CAIR SIP is effective. EPA's authority to promulgate the
CAIR FIPs was based on EPA's prior findings that the existing SIPs did
not adequately address interstate transport (71 FR 25328, 25338; April
28, 2006). To the extent the full CAIR SIP is approved for a given
State, this corrects this deficiency and thus eliminates the basis for
the FIPs for that State. Therefore, EPA believes that, following the
approval of the full CAIR SIP, the Agency must withdraw the FIPs to the
extent of the approval. Further, in the rulemaking promulgating the
CAIR FIPs, EPA provided public notice that the withdrawal of the FIPs
would be a necessary consequence of the SIP approval. Id. at 25340.
Nonetheless, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule for this FIP withdrawal final rule action if relevant
adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting on that parallel proposal must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

II. Does This Action Apply to Me?

    This action does not impose any control requirements. It amends the
CAIR FIPs to provide for automatic withdrawal of the CAIR FIPs in a
State upon the effective date of EPA's approval of the CAIR SIP for the
State. EPA promulgated the CAIR FIPs on April 28, 2006 (71 FR 25328).
Categories and entities potentially regulated by the CAIR FIPs include
the following:

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                                        NAICS    Examples of potentially
              Category                 code \1\     regulated entities
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Industry............................     221112  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units.
Federal government..................        \2\  Fossil fuel-fired
                                         221122   electric utility steam
                                                  generating units owned
                                                  by the Federal
                                                  government.
State/local/Tribal government.......        \2\  Fossil fuel-fired
                                         221122   electric utility steam
                                                  generating units owned
                                                  by municipalities.
                                         921150  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units in
                                                  Indian Country.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Federal, State, or local government-owned and operated
  establishments are classified according to the activity in which they
  are engaged.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the CAIR
FIPs. To determine whether your facility is affected by the CAIR FIPs,
you should examine the definitions and applicability criteria in 40 CFR
97.102, 97.104, 97.105, 97.202, 97.204, 97.205, 97.302, 97.304, and
97.305. If you have any questions regarding the applicability of the
CAIR FIPs to a particular entity, consult the person listed in the
preceding section under FOR FURTHER INFORMATION CONTACT.

III. What Should I Consider as I Prepare My Comments?

A. Submitting CBI

    Do not submit this information to EPA through http://www.regulations.gov

or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD-ROM that you mail
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

IV. What Are the Details for the Potential Public Hearing?

    If anyone contacts EPA by November 13, 2007, requesting to speak at
a public hearing on this action, EPA will hold a public hearing on
November 19, 2007 in Research Triangle Park, North Carolina. The EPA
will not hold a hearing if one is not requested. Please check EPA's Web
page at http://www.epa.gov/cair on November 14, 2007 for the announcement of

whether the hearing will be held.
    If there is a public hearing, it will be held at the EPA, Building
C, 109 T.W. Alexander Drive, Research Triangle Park, North Carolina,
27709; the room number will be announced on the CAIR Web site at
http://www.epa.gov/cair. Because this is a U.S. government facility, everyone

planning to attend the public hearing, if one is held, should be
prepared to show valid picture identification to the security staff in
order to gain access to the meeting room. If held, the public hearing
will begin at 10 a.m. and continue until 5 p.m., if necessary,
depending on the number of speakers. The EPA may end the hearing early
if all registered speakers have had an opportunity to speak, but no
earlier than 2 p.m. Persons wishing to present oral testimony that have
not made arrangements in advance should register by 2 p.m. the day of
the

hearing. Oral testimony will be limited to 5 minutes per commenter. The
EPA encourages commenters to provide written versions of their oral
testimonies either electronically (on computer disk or CD-ROM) or in
paper copy. Verbatim transcripts and written statements will be
included in the rulemaking docket.
    If you want to request a hearing and present oral testimony at the
hearing, you should notify, on or before November 13, 2007, Pam Long,
EPA, Office of Air Quality Planning and Standards, Air Quality Policy
Division, C504-03, Research Triangle Park, NC 27711, telephone (919)
541-0641, e-mail<EMAIL_ADDRESS>The hearing will be strictly limited
to the subject matter of the proposal, the scope of which is discussed
below. Any member of the public may file a written comment by the close
of the comment period. Written comments should be submitted to Docket
ID No. EPA-HQ-OAR 2007-0510 at the addresses given above for submittal
of comments. If a hearing is held, the hearing schedule, including the
list of speakers, will be posted on EPA's Web page at http://www.epa.gov/cair.

A verbatim transcript of the hearing, if held, and written comments
will be made available for copying during normal working hours at the
EPA Docket Center address given above for inspection of documents.

V. Availability of Related Information

    The official record for this rulemaking, as well as the public
version, has been established under Docket ID No. EPA-HQ-OAR-2007-0510
(including comments and data submitted electronically as described
below). A public version of this record, including printed, paper
versions of electronic comments, which does not include any information
claimed as CBI, is available for inspection from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The official
rulemaking record is located at the address provided in ADDRESSES at
the beginning of this document. In addition, the Federal Register
rulemaking actions and associated documents are located at http://www.epa.gov/cair
.

    The docket for the rulemaking that promulgated the CAIR FIPs Rule
is EPA-HQ-OAR-2004-0076. The rulemaking docket for the related CAIR
(full title, ``Rule to Reduce Interstate Transport of Fine Particulate
Matter and Ozone'') is EPA-HQ-OAR-2003-0053. The CAIR FIPs and the CAIR
Federal Register rulemaking actions and associated documents are also
located at http://www.epa.gov/cair.

VI. What Is the Background for This Action?

    In a final rule published on April 25, 2005 (70 FR 21147),
effective May 25, 2005, EPA made national findings that States had
failed to submit SIPs required under section 110(a)(2)(D)(i) of the CAA
to address interstate transport with respect to the PM2.5
and 8-hour ozone NAAQS. These SIPs were due in July 2000, 3 years after
the promulgation of the 1997 PM2.5 and 8-hour ozone NAAQS.
The national findings started a 2-year clock for EPA to promulgate FIPs
to address the requirements of section 110(a)(2)(D)(i) in all the
States. Under section 110(c)(1), EPA may issue a FIP for any such State
any time after such findings are made and must do so unless a SIP
revision correcting the deficiency is approved by EPA before the FIP is
promulgated.
    On May 12, 2005 (70 FR 25162), EPA issued the CAIR, in which it
determined that emissions from 28 States and the District of Columbia
(collectively, CAIR States) are contributing significantly to
nonattainment of the fine particle (PM2.5) and/or 8-hour
ozone national ambient air quality standards (NAAQS) in downwind
States. The CAIR also determined the levels of NOX and
SO2 emissions reduction requirements necessary for CAIR-
affected States to eliminate their significant contribution to downwind
nonattainment of the 8-hour ozone and PM2.5 NAAQS. (See also
CAIR revisions on April 28, 2006; 71 FR 25328 and December 13, 2006; 71
FR 74792.) NOX emissions are precursors to 8-hour and
PM2.5; SO2 emissions are precursors to
PM2.5. All CAIR States were required to submit their SIPs to
satisfy the CAIR requirements by September 11, 2006. For States subject
to the CAIR requirements, an approved CAIR SIP will satisfy, to the
extent it is approved, the section 110(a)(2)(D)(i) requirements
discussed in the April 25, 2005 findings action.
    In a final rule published on April 28, 2006 (71 FR 25328), EPA
promulgated FIPs as a backstop to implement the CAIR requirements in
all CAIR States. As the control requirement for the FIPs, EPA adopted
the model trading rules for EGUs that EPA provided in CAIR as a control
option for States, with minor changes to account for Federal rather
than State implementation. The FIPs will regulate EGUs in the affected
States and achieve the emissions reduction requirements established by
the CAIR until States have EPA-approved SIPs to achieve the reductions.
In the FIP preamble, EPA stated it would withdraw the FIPs in a State
in coordination with the approval of the CAIR SIP for that State. To
the extent EPA approves a full CAIR SIP for a State, this eliminates
the basis for CAIR FIP for the State, which EPA promulgated as a result
of the April 25, 2005 findings.
    In promulgating the FIPs, EPA explained that the FIPs do not limit
the options available to States to meet the requirements of the CAIR.
EPA explained that it intended to avoid taking any steps to implement
FIP requirements that could impact a State's ability to regulate their
sources in a different manner until a year after the CAIR SIP
submission deadline (71 FR 25330-25331). EPA further explained that
States could replace the FIPs requirements at a later time.
    The CAIR FIPs also provide that States may submit ``abbreviated''
SIP revisions to replace or supplement specific elements of the FIPs,
leaving the remainder of the overall FIPs in place, rather than
submitting full CAIR SIP revisions that replace the FIPs. The
abbreviated SIP revisions, when approved, will automatically replace or
supplement the corresponding CAIR FIP provisions. (See 71 FR at 25345-
25346 for further details.) The automatic withdrawal provisions of this
rule only apply to EPA approval of full CAIR SIPs. This rule does not
affect the interaction between the abbreviated CAIR SIP provisions and
the CAIR FIPs (which remain in place following approval of an
abbreviated SIP).

VII. What Is This Direct Final Rule?

    In this direct final rule, EPA is revising the CAIR FIPs to provide
that the FIPs will be automatically withdrawn in a State upon the
effective date of EPA's approval of the State's full CAIR SIP and to
the extent of that approval. If EPA only partially approves the State's
full CAIR SIP submittal, then the FIP will be automatically withdrawn
only to the extent of the partial approval. If EPA conditionally
approves a full CAIR SIP, this automatic withdrawal provision will have
no impact on the FIP, which will remain in place pending further action
by EPA. If necessary, in any action approving a full CAIR SIP, EPA will
provide additional details regarding the effect of the approval action
on the status of the FIPs in that State.
    One scenario under which EPA might partially approve and partially
disapprove a SIP involves full CAIR SIPs on which EPA takes final
action after EPA has already begun allocating NOX allowances
under the FIP. For example, if the State submits a SIP that adopts the
model cap-and-trade programs for EGUs and EPA takes final

action on the SIP after EPA has allocated NOX allowances for
2009 under the FIP, but before it has allocated any other allowances,
EPA likely would disapprove the portions of the SIP relating to the
allocation of 2009 NOX allowances. The disapproval of the
2009 NOX allocations would be necessary to prevent excess
and duplicative NOX allowances from entering the trading
program. (See Section VI.F.1. of the CAIR FIPs Rule for the schedule
for recording NOX allocations in sources' accounts (71 FR
25352))
    Under this scenario, because EPA would disapprove the portions of
the full CAIR SIP relating to the allocation of 2009 NOX
allowances, the corresponding portions of the FIP providing EPA with
authority to allocate 2009 NOX allowances (including the
authority to allocate NOX allowances from the new unit set-
aside, which would not be allocated by EPA until early 2009) would
remain in place. However, EPA would approve the remainder of the SIP if
it were found to be adequate, and thus the remainder of the FIP would
be automatically withdrawn. There would be no penalties or negative
consequences for the State associated with this partial SIP
disapproval, and the State would not need to take any further
corrective SIP action.
    EPA does not anticipate conditionally approving any full CAIR SIPs.
However, should EPA do so, EPA will address the impact of the
conditional approval on the status of the CAIR FIPs in that State at
that time. At this time, EPA is not proposing to automatically withdraw
the FIP for a State based on conditional approval of a SIP for that
State because a conditional approval carries the risk that it will
convert to a disapproval in 1 year if the State does not address the
specified conditions by that time.
    The EPA believes it is appropriate to make the CAIR FIP withdrawal
automatic in a State upon the effective date of the approval of the
State's full CAIR SIP because once EPA approves a State's full CAIR
SIP, EPA no longer has authority for the CAIR FIP in that State to the
extent of that approval. Once the full CAIR SIP is effective and
sources in the State are subject to the SIP, EPA's withdrawal of the
appropriate portions of the CAIR FIPs has no practical consequences.
Further, making the FIP withdrawal automatic upon full CAIR SIP
approval will provide immediate clarity to affected sources as to their
control requirements and conserve Agency resources that would otherwise
be needed to conduct numerous nondiscretionary, noncontroversial FIP
withdrawal rulemakings.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This action amends the CAIR FIPs to provide for automatic withdrawal of
the CAIR FIPs in a State once the State's CAIR SIP is in place. EPA
believes that the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
requirements of the existing CAIR FIPs rule are satisfied through the
Information Collection Request (ICR) (EPA ICR number 2152.02; OMB
control number 2060-0570) submitted to the OMB for review and approval
as part of the CAIR (70 FR 25162-25405) and approved by the OMB in
September 2005. A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business ``as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201;'' (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this direct final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This direct
final rule does not impose new requirements on any entities, but
instead provides for the automatic withdrawal of the CAIR FIPs in
certain circumstances. Thus, it does not impose any requirements on
small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may

significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, local or tribal governments or the private sector; but
would provide automatic withdrawal of the CAIR FIPs in certain
circumstances. Thus, this rule is not subject to the requirements of
sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
    This final rule does not have federalism implications. It will 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. This rule imposes no enforceable
duty on any State, local or tribal governments or the private sector.
Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This direct final rule does
not have tribal implications, as specified in Executive Order 13175
because it imposes no enforceable duty on any State, local or tribal
governments or the private sector. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
    This direct final rulemaking does not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule imposes no enforceable duty on any State, local
or tribal governments or the private sector. It will neither increase
nor decrease environmental protection.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective January 16, 2008.

L. Judicial Review

    Under CAA section 307(b), judicial review of this final action is
available only by filing a petition for review in the U.S. Court of
Appeals for the District

of Columbia Circuit on or before January 2, 2008. Under CAA section
307(d)(7)(B), only those objections to the final rule that were raised
with specificity during the period for public comment may be raised
during judicial review. Moreover, under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Electric utilities, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide.

    Dated: October 17, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, part 52 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart A--General Provisions

0
2. Section 52.35 is revised to read as follows:

Sec.  52.35  What are the requirements of the Federal Implementation
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of nitrogen oxides?

    (a)(1) The Federal CAIR NOX Annual Trading Program
provisions of part 97 of this chapter constitute the Clean Air
Interstate Rule Federal Implementation Plan provisions that relate to
annual emissions of nitrogen oxides (NOX). Each State that
is described in Sec.  51.123(c)(1) and (2) of this chapter received a
finding by the Administrator that the State failed to submit a State
Implementation Plan (SIP) to satisfy the requirements of section
110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS.
The provisions of subparts AA through II of part 97 of this chapter,
regarding the CAIR NOX Annual Trading Program, apply to the
sources in each of these States that has not promulgated a SIP approved
by the Administrator as correcting that deficiency. Following
promulgation of an approval by the Administrator of a State's SIP as
meeting the requirements of CAIR for PM2.5 relating to
NOX under Sec.  51.123 of this chapter, these provisions of
part 97 of this chapter will no longer apply to the sources in that
State, except to the extent the Administrator's approval of the SIP is
partial or conditional or unless such approval is under Sec.  51.123(p)
of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated any CAIR NOX allowances
to sources in the State for any years, the provisions of part 97 of
this chapter authorizing the Administrator to complete the allocation
of CAIR NOX allowances for those years shall continue to
apply, unless the Administrator approves a SIP that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The Federal CAIR NOX Ozone Season Trading Program
provisions of part 97 of this chapter constitute the Clean Air
Interstate Rule Federal Implementation Plan provisions that relate to
emissions of nitrogen oxides (NOX) during the ozone season,
as defined in Sec.  97.302 of this chapter. Each State that is
described in Sec.  51.123(c)(1) and (3) of this chapter received a
finding by the Administrator that the State failed to submit a State
Implementation Plan (SIP) to satisfy the requirements of section
110(a)(2)(D)(i)(I) of the Clean Air Act for the 8-hour ozone NAAQS. The
provisions of subparts AAAA through IIII of part 97 of this chapter,
regarding the CAIR NOX Ozone Season Trading Program, apply
to sources in each of these States that has not promulgated a SIP
revision approved by the Administrator as correcting that deficiency.
Following promulgation of an approval by the Administrator of a State's
SIP as meeting the requirements of CAIR for ozone relating to
NOX under Sec.  51.123 of this chapter, these provisions of
part 97 of this chapter will no longer apply to sources in that State,
except to the extent the Administrator's approval of the SIP is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated any CAIR NOX Ozone
Season allowances to sources in the State for any years, the provisions
of part 97 of this chapter authorizing the Administrator to complete
the allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
that provides for the allocation of the remaining CAIR NOX
Ozone Season allowances for those years.
    (c) The provisions of this section do not invalidate or otherwise
affect the obligations of States, emissions sources, or other
responsible entities with respect to all portions of plans approved or
promulgated under this part or the obligations of States under the
requirements of Sec. Sec.  51.123 and 51.125 of this chapter.
    (d)(1) The States with SIPs approved by the Administrator as
meeting the requirements of CAIR for PM2.5 relating to
NOX under Sec.  51.123(o) of this chapter are: [STATE NAME].
    (2) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for ozone relating to NOX under
Sec.  51.123(aa) of this chapter, are: [STATE NAME].

0
3. Section 52.36 is revised to read as follows:

Sec.  52.36  What are the requirements of the Federal Implementation
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of sulfur dioxide?

    (a) The Federal CAIR SO2 Trading Program provisions of part 97 of
this chapter constitute the Clean Air Interstate Rule Federal
Implementation Plan provisions for emissions of sulfur dioxide
(SO2). Each State that is described in Sec.  51.124(c) of
this chapter is subject to a finding by the Administrator that the
State failed to submit a State Implementation Plan (SIP) to satisfy the
requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the
PM2.5 NAAQS. The provisions of subparts AAA through III of
part 97 of this chapter, regarding the CAIR SO2 Trading
Program, apply to sources in each of these States that has not
promulgated a SIP revision approved by the Administrator as correcting
that deficiency. Following promulgation of an approval by the
Administrator of a State's SIP as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, these provisions of part 97 of this chapter will no longer
apply to sources in that State, except to the extent the
Administrator's approval of the SIP is partial or conditional or unless
such approval is under Sec.  51.124(r) of this chapter.
    (b) The provisions of this section do not invalidate or otherwise
affect the obligations of States, emissions sources, or other
responsible entities with respect to all portions of plans approved or
promulgated under this part or the obligations of States under the
requirements of Sec. Sec.  51.124 and 51.125 of this chapter.

    (c) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for PM2.5 relating to
SO2 under Sec.  51.124(o) of this chapter are: [STATE NAME]

Subpart B--Alabama

0
4. Section 52.54 is revised to read as follows:

Sec.  52.54  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Alabama and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Alabama State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Alabama and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Alabama State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
5. Section 52.55 is revised to read as follows:

Sec.  52.55  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Alabama and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Alabama State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart E--Arkansas

0
6. Section 52.184 is revised to read as follows:

Sec.  52.184  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each NOX source located
within the State of Arkansas and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Arkansas State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.
    (b) [Reserved]

Subpart H--Connecticut

0
7. Section 52.386 is revised to read as follows:

Sec.  52.386  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each NOX source located
within the State of Connecticut and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Connecticut State Implementation Plan (SIP) as meeting the requirements
of CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.
    (b) [Reserved]

Subpart I--Delaware

0
8. Section 52.440 is revised to read as follows:

Sec.  52.440  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Delaware and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Delaware State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Delaware and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Delaware State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
9. Section 52.441 is revised to read as follows:

Sec.  52.441  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Delaware and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Delaware State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart J--District of Columbia

0
10. Section 52.484 is revised to read as follows:

Sec.  52.484  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
District of Columbia and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the District of Columbia
State Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the District of Columbia's
SIP, the Administrator has already allocated CAIR NOX
allowances to sources in the District of Columbia for any years, the
provisions of part 97 of this chapter authorizing the Administrator to
complete the allocation of CAIR NOX allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX allowances for those years.
    (b)(1) The owner and operator of each NOX source located
within the District of Columbia and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
District of Columbia State Implementation Plan (SIP) as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the District of Columbia's
SIP, the Administrator has already allocated CAIR NOX Ozone
Season allowances to sources in the District of Columbia for any years,
the provisions of part 97 of this chapter authorizing the Administrator
to complete the allocation of CAIR NOX Ozone Season
allowances for those years shall continue to apply, unless the
Administrator approves a SIP provision that provides for the allocation
of the remaining CAIR NOX Ozone Season allowances for those
years.

0
11. Section 52.485 is revised to read as follows:

Sec.  52.485  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the District of Columbia and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the District of Columbia
State Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart K--Florida

0
12. Section 52.540 is revised to read as follows:

Sec.  52.540  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Florida and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Florida State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Florida and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Florida State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
13. Section 52.541 is revised to read as follows:

Sec.  52.541  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Florida and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Florida State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart L--Georgia

0
14. Section 52.584 is revised to read as follows:

Sec.  52.584  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Georgia and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Georgia State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b) [Reserved]

0
15. Section 52.585 is revised to read as follows:

Sec.  52.585  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Georgia and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Georgia State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart O--Illinois

0
16. Section 52.745 is revised to read as follows:

Sec.  52.745  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Illinois and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Illinois State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the

Administrator to complete the allocation of CAIR NOX
allowances for those years shall continue to apply, unless the
Administrator approves a SIP provision that provides for the allocation
of the remaining CAIR NOX allowances for those years.
    (b)(1) The owner and operator of each NOX source located
within the State of Illinois and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Illinois State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.
0
17. Section 52.746 is revised to read as follows:

Sec.  52.746  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Illinois and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Illinois State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart P--Indiana

0
18. Section 52.789 is revised to read as follows:

Sec.  52.789  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Indiana and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Indiana State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Indiana and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Indiana State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
19. Section 52.790 is revised to read as follows:

Sec.  52.790  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Indiana and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Indiana State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart Q--Iowa

0
20. Section 52.840 is revised to read as follows:

Sec.  52.840  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Iowa and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Iowa State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the

Administrator to complete the allocation of CAIR NOX
allowances for those years shall continue to apply, unless the
Administrator approves a SIP provision that provides for the allocation
of the remaining CAIR NOX allowances for those years.
    (b)(1) The owner and operator of each NOX source located
within the State of Iowa and for which requirements are set forth under
the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Iowa State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
21. Section 52.841 is revised to read as follows:

Sec.  52.841  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Iowa and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Iowa State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart S--Kentucky

0
22. Section 52.940 is revised to read as follows:

Sec.  52.940  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Kentucky and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Kentucky State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Kentucky and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Kentucky State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
23. Section 52.941 is revised to read as follows:

Sec.  52.941  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Kentucky and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Kentucky State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart T--Louisiana

0
24. Section 52.984 is revised to read as follows:

Sec.  52.984  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Louisiana and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Louisiana State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the

State for any years, the provisions of part 97 of this chapter
authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Louisiana and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Louisiana State Implementation Plan (SIP) as meeting the requirements
of CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
25. Section 52.985 is revised to read as follows:

Sec.  52.985  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Louisiana and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Louisiana State
Implementation Plan as meeting the requirements of CAIR for PM2.5
relating to SO2 under Sec.  51.124 of this chapter, except
to the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec.  51.124(r) of this chapter.

Subpart V--Maryland

0
26. Section 52.1084 is revised to read as follows:

Sec.  52.1084  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Maryland and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Maryland State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Maryland and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Maryland State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
27. Section 52.1085 is revised to read as follows:

Sec.  52.1085   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Maryland and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Maryland State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart W--Massachusetts

0
28. Section 52.1140 is revised to read as follows:

Sec.  52.1140   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each NOX source located
within the State of Massachusetts and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Massachusetts State Implementation Plan (SIP) as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the

time of such approval of the State's SIP, the Administrator has already
allocated CAIR NOX Ozone Season allowances to sources in the
State for any years, the provisions of part 97 of this chapter
authorizing the Administrator to complete the allocation of CAIR
NOX Ozone Season allowances for those years shall continue
to apply, unless the Administrator approves a SIP provision that
provides for the allocation of the remaining CAIR NOX Ozone
Season allowances for those years.
    (b) [Reserved]

Subpart X--Michigan

0
29. Section 52.1186 is revised to read as follows:

Sec.  52.1186   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Michigan and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Michigan State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Michigan and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Michigan State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
30. Section 52.1187 is revised to read as follows:

Sec.  52.1187   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Michigan and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Michigan State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart Y--Minnesota

0
31. Section 52.1240 is revised to read as follows:

Sec.  52.1240   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Minnesota and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Minnesota State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.

0
32. Section 52.1241 is revised to read as follows:

Sec.  52.1241   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Minnesota and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Minnesota State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart Z--Mississippi

0
33. Section 52.1284 is revised to read as follows:

Sec.  52.1284  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Mississippi and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an

approval by the Administrator of a revision to the Mississippi State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Mississippi and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Mississippi State Implementation Plan (SIP) as meeting the requirements
of CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
34. Section 52.1285 is revised to read as follows:

Sec.  52.1285   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Mississippi and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Mississippi State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart AA--Missouri

0
35. Section 52.1341 is revised to read as follows:

Sec.  52.1341  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Missouri and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Missouri State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Missouri and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Missouri State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
36. Section 52.1342 is revised to read as follows:

Sec.  52.1342  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Missouri and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Missouri State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart FF--New Jersey

0
37. Section 52.1584 is revised to read as follows:

Sec.  52.1584  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of New Jersey and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the

promulgation of an approval by the Administrator of a revision to the
New Jersey State Implementation Plan (SIP) as meeting the requirements
of CAIR for PM2.5 relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of New Jersey and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
New Jersey State Implementation Plan (SIP) as meeting the requirements
of CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
38. Section 52.1585 is revised to read as follows:

Sec.  52.1585  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of New Jersey and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the New Jersey State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart HH--New York

0
39. Section 52.1684 is revised to read as follows:

Sec.  52.1684  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of New York and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the New York State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of New York and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
New York State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
40. Section 52.1685 is revised to read as follows:

Sec.  52.1685  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of New York and for which requirements are set forth under
the Federal CAIR SO2 Trading Program in subparts AAA through
III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the New York State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart II--North Carolina

0
41. Section 52.1784 is revised to read as follows:

Sec.  52.1784  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of North Carolina and for which requirements are set forth under
the Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the

Administrator of a revision to the North Carolina State Implementation
Plan (SIP) as meeting the requirements of CAIR for PM2.5
relating to NOX under Sec.  51.123 of this chapter, except
to the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec.  51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of North Carolina and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
North Carolina State Implementation Plan (SIP) as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
42. Section 52.1785 is revised to read as follows:

Sec.  52.1785  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of North Carolina and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the North Carolina State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart KK--Ohio

0
43. Section 52.1891 is revised to read as follows:

Sec.  52.1891  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Ohio and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Ohio State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Ohio and for which requirements are set forth under
the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Ohio State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(ee) of
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
44. Section 52.1892 is revised to read as follows:

Sec.  52.1892  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Ohio and for which requirements are set forth under the
Federal CAIR SO2 Trading Program in subparts AAA through III
of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Ohio State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec.  51.124 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.124(r) of this
chapter.

Subpart NN--Pennsylvania

0
45. Section 52.2040 is revised to read as follows:

Sec.  52.2040  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Pennsylvania and for which requirements are set forth under
the Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter

will be eliminated by the promulgation of an approval by the
Administrator of a revision to the Pennsylvania State Implementation
Plan (SIP) as meeting the requirements of CAIR for PM2.5
relating to NOX under Sec.  51.123 of this chapter, except
to the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec.  51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Pennsylvania and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Pennsylvania State Implementation Plan (SIP) as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
46. Section 52.2041 is revised to read as follows:

Sec.  52.2041   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of Pennsylvania and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the Pennsylvania State
Implementation Plan as meeting the requirements of CAIR for PM2.5
relating to SO2 under Sec.  51.124 of this chapter, except
to the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec.  51.124(r) of this chapter.

Subpart PP--South Carolina

0
47. Section 52.2140 is revised to read as follows:

Sec.  52.2140   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of South Carolina and for which requirements are set forth under
the Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the South Carolina State
Implementation Plan (SIP) as meeting the requirements of CAIR for
PM2.5 relating to NOX under Sec.  51.123 of this
chapter, except to the extent the Administrator's approval is partial
or conditional or unless such approval is under Sec.  51.123(p) of this
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of South Carolina and for which requirements are set
forth under the Federal CAIR NOX Ozone Season Trading
Program in subparts AAAA through IIII of part 97 of this chapter must
comply with such applicable requirements. The obligation to comply with
these requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
South Carolina State Implementation Plan (SIP) as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of
part 97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.

0
48. Section 52.2141 is revised to read as follows:

Sec.  52.2141   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within
the State of South Carolina and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an
approval by the Administrator of a revision to the South Carolina State
Implementation Plan as meeting the requirements of CAIR for PM2.5
relating to SO2 under Sec.  51.124 of this chapter, except
to the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec.  51.124(r) of this chapter.

Subpart RR--Tennessee

0
49. Section 52.2240 is revised to read as follows:

Sec.  52.2240   Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the
State of Tennessee and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this

chapter must comply with such applicable requirements. The obligation
to comply with these requirements in part 97 of this chapter will be
eliminated by the promulgation of an approval by the Administrator of a
revision to the Tennessee State Implementation Plan (SIP) as meeting
the requirements of CAIR for PM2.5 relating to NOX
under Sec.  51.123 of this chapter, except to the extent the
Administrator's approval is partial or conditional or unless such
approval is under Sec.  51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of
CAIR NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
    (b)(1) The owner and operator of each NOX source located
within the State of Tennessee and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Tennessee State Implementation Plan (SIP) as meeting the requirements
of CAIR for ozone relating to NOX under Sec.  51.123 of this