[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Proposed Rules]
[Pages 40184-40192]
[FR Doc No: 2018-17357]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0700; FRL-9982-10--Region 5]

Air Plan Approval; Indiana; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state submission concerning the Cross-State Air Pollution
Rule (CSAPR) that was submitted by Indiana on November 27, 2017 as a
revision to the Indiana State Implementation Plan (SIP). Under CSAPR,
large electricity generating units (EGUs) in Indiana are subject to
Federal Implementation Plans (FIPs) requiring the units to participate
in CSAPR's Federal trading program for annual emissions of nitrogen
oxides (NOX), one of CSAPR's two Federal trading programs
for annual emissions of sulfur dioxide (SO2), and one of
CSAPR's two Federal trading programs for ozone season emissions of
NOX. This action would approve the State's regulations
requiring large Indiana EGUs to participate in new CSAPR state trading
programs for annual NOX, annual SO2, and ozone
season NOX emissions integrated with the CSAPR Federal
trading programs, replacing the corresponding FIP requirements. EPA is
proposing to approve the SIP revision because the submittal meets the

requirements of the Clean Air Act (CAA or Act) and EPA's regulations
for approval of a CSAPR full SIP revision replacing the requirements of
a CSAPR FIP. Under the CSAPR regulations, approval of the SIP revision
would automatically eliminate Indiana's units' requirements under the
corresponding CSAPR FIPs addressing Indiana's interstate transport (or
``good neighbor'') obligations for the 1997 fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS), the
2006 PM2.5 NAAQS, the 1997 ozone NAAQS, and the 2008 ozone
NAAQS. Like the CSAPR FIP requirements that would be replaced, approval
of the SIP revision would fully satisfy Indiana's good neighbor
obligations for the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, and the 1997 ozone NAAQS and would partially
satisfy Indiana's good neighbor obligation for the 2008 ozone NAAQS.

DATES: Comments must be received on or before September 13, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0700 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:

I. Overview
II. Background on CSAPR and CSAPR-Related SIP Revisions
III. Conditions for Approval of CSAPR-Related SIP Revisions
IV. Indiana's SIP Submittal and EPA's Analysis
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Overview

    EPA is proposing to approve the November 27, 2017 submittal as a
revision to the Indiana SIP to include CSAPR \1\ state trading programs
for annual emissions of NOX and SO2 and ozone
season emissions of NOX. Large EGUs in Indiana are subject
to CSAPR FIPs that require the units to participate in the Federal
CSAPR NOX Annual Trading Program, the Federal CSAPR
SO2 Group 1 Trading Program, and the Federal CSAPR
NOX Ozone Season Group 2 Trading Program. CSAPR also
provides a process for the submission and approval of SIP revisions to
replace the requirements of CSAPR FIPs with SIP requirements under
which a state's units participate in CSAPR state trading programs that
are integrated with and, with certain permissible exceptions,
substantively identical to the CSAPR Federal trading programs.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through EEEEE of 40 CFR part 97).
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    The SIP revision proposed for approval would incorporate into
Indiana's SIP state trading program regulations for annual
NOX, annual SO2, and ozone season NOX
emissions that would replace EPA's Federal trading program regulations
for those emissions from Indiana units. EPA is proposing to approve the
SIP revision because it meets the requirements of the CAA and EPA's
regulations for approval of a CSAPR full SIP revision replacing a
Federal trading program with a state trading program that is integrated
with and substantively identical to the Federal trading program. Under
the CSAPR regulations, approval of the SIP revision would automatically
eliminate the obligations of large EGUs in Indiana to participate in
CSAPR's Federal trading programs for annual NOX, annual
SO2, and ozone season NOX emissions under the
corresponding CSAPR FIPs. EPA proposes to find that approval of the SIP
revision would fully satisfy Indiana's obligations pursuant to the
``good neighbor'' provisions of CAA section 110(a)(2)(D)(i)(I) to
prohibit emissions which will significantly contribute to nonattainment
or interfere with maintenance of the 1997 PM2.5 NAAQS, the
2006 PM2.5 NAAQS, and the 1997 ozone NAAQS in any other
state and would partially satisfy Indiana's corresponding obligation
with respect to the 2008 ozone NAAQS.\2\
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    \2\ In a separate action, EPA has proposed to determine that the
emission reductions required under the FIPs promulgated in the CSAPR
Update (see the next footnote) fully address the respective states'
good neighbor obligations with respect to the 2008 ozone NAAQS. 83
FR 31915 (July 10, 2018). If that separate action is finalized as
proposed, approval of Indiana's SIP replacing the CSAPR Update FIP
for the state's sources as proposed in this action would fully
address Indiana's good neighbor obligation with respect to the 2008
ozone NAAQS.
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II. Background on CSAPR and CSAPR-Related SIP Revisions

    EPA issued CSAPR in July 2011 to address the requirements of CAA
section 110(a)(2)(D)(i)(I) concerning interstate transport of air
pollution. As amended (including the 2016 CSAPR Update \3\), CSAPR
requires 27 Eastern states to limit their statewide emissions of
SO2 and/or NOX in order to mitigate transported
air pollution unlawfully impacting other states' ability to attain or
maintain four NAAQS: The 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, the 1997 ozone NAAQS, and the 2008 ozone NAAQS.
The CSAPR emissions limitations are defined in terms of maximum
statewide ``budgets'' for emissions of annual SO2, annual
NOX, and/or ozone season NOX by each covered
state's large EGUs. The CSAPR state budgets are implemented in two
phases of generally increasing stringency, with the Phase 1 budgets
applying to emissions in 2015 and 2016 and the Phase 2 (and CSAPR
Update) budgets applying to emissions in 2017 and later years. As a
mechanism for achieving compliance with the emissions limitations,
CSAPR establishes five Federal emissions

trading programs: A program for annual NOX emissions, two
geographically separate programs for annual SO2 emissions,
and two geographically separate programs for ozone-season
NOX emissions. CSAPR also establishes FIP requirements
applicable to the large EGUs in each covered state.\4\ Currently, the
CSAPR FIP provisions require each state's units to participate in up to
three of the five CSAPR trading programs.
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    \3\ See 81 FR 74504 (October 26, 2016). The CSAPR Update was
promulgated to address interstate pollution with respect to the 2008
ozone NAAQS and to address a judicial remand of certain original
CSAPR ozone season NOX budgets promulgated with respect
to the 1997 ozone NAAQS. See 81 FR at 74505. The CSAPR Update
established new emission reduction requirements addressing the more
recent NAAQS and coordinated them with the remaining emission
reduction requirements addressing the older ozone NAAQS, so that
starting in 2017, CSAPR includes two geographically separate trading
programs for ozone season NOX emissions covering EGUs in
a total of 23 states. See 40 CFR 52.38(b)(1)-(2).
    \4\ States must submit good neighbor SIPs within three years (or
less, if the Administrator so prescribes) after a NAAQS is
promulgated. CAA section 110(a)(1) and (2). Where EPA finds that a
state fails to submit a required SIP or disapproves a SIP, EPA is
obligated to promulgate a FIP addressing the deficiency. CAA section
110(c).
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    CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's Federal emissions trading
programs or state emissions trading programs integrated with the
Federal programs, provided that the SIP revisions meet all relevant
criteria.\5\ Through such a SIP revision, a state may replace EPA's
default provisions for allocating emission allowances among the state's
units, employing any state-selected methodology to allocate or auction
the allowances, subject to timing conditions and limits on overall
allowance quantities. In the case of CSAPR's Federal trading programs
for ozone season NOX emissions (or an integrated state
trading program), a state may also expand trading program applicability
to include certain smaller EGUs.\6\ If a state wants to replace CSAPR
FIP requirements with SIP requirements under which the state's units
participate in a state trading program that is integrated with and
identical to the Federal trading program even as to the allocation and
applicability provisions, the state may submit a SIP revision for that
purpose as well. However, no emissions budget increases or other
substantive changes to the trading program provisions are allowed. A
state whose units are subject to multiple CSAPR FIPs and Federal
trading programs may submit SIP revisions to modify or replace either
some or all of those FIP requirements.
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    \5\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR Federal trading programs or
integrated state trading programs.
    \6\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-EGUs that would have participated in
the former NOX Budget Trading Program.
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    States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\7\
Specific conditions for approval of each form of SIP revision are set
forth in the CSAPR regulations, as described in section III below.
Under the first alternative--an ``abbreviated'' SIP revision--a state
may submit a SIP revision that upon approval replaces the default
allowance allocation and/or applicability provisions of a CSAPR Federal
trading program for the state.\8\ Approval of an abbreviated SIP
revision leaves the corresponding CSAPR FIP and all other provisions of
the relevant Federal trading program in place for the state's units.
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    \7\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 or
2018 (depending on the trading program) and is not relevant here.
See 40 CFR 52.38(a)(3), (b)(3), (b)(7); 52.39(d), (g).
    \8\ 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
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    Under the second alternative--a ``full'' SIP revision--a state may
submit a SIP revision that upon approval replaces a CSAPR Federal
trading program for the state with a state trading program integrated
with the Federal trading program, so long as the state trading program
is substantively identical to the Federal trading program or does not
substantively differ from the Federal trading program except as
discussed above with regard to the allowance allocation and/or
applicability provisions.\9\ For purposes of a full SIP revision, a
state may either adopt state rules with complete trading program
language, incorporate the Federal trading program language into its
state rules by reference (with appropriate conforming changes), or
employ a combination of these approaches.
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    \9\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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    The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision. First,
upon EPA's approval of a full SIP revision as correcting the deficiency
in the state's implementation plan that was the basis for a particular
set of CSAPR FIP requirements, the obligation to participate in the
corresponding CSAPR Federal trading program is automatically eliminated
for units subject to the state's jurisdiction without the need for a
separate EPA withdrawal action, so long as EPA's approval of the SIP is
full and unconditional.\10\ Second, approval of a full SIP revision
does not terminate the obligation to participate in the corresponding
CSAPR Federal trading program for any units located in any Indian
country within the borders of the state, and if and when a unit is
located in Indian country within a state's borders, EPA may modify the
SIP approval to exclude from the SIP, and include in the surviving
CSAPR FIP instead, certain trading program provisions that apply
jointly to units in the state and to units in Indian country within the
state's borders.\11\ Finally, if at the time a full SIP revision is
approved EPA has already started recording allocations of allowances
for a given control period to a state's units, the Federal trading
program provisions authorizing EPA to complete the process of
allocating and recording allowances for that control period to those
units will continue to apply, unless EPA's approval of the SIP revision
provides otherwise.\12\
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    \10\ 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
    \11\ 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi),
(b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j).
    \12\ 40 CFR 52.38(a)(7), (b)(11)(i); 52.39(k).
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III. Conditions for Approval of CSAPR-Related SIP Revisions

    Each CSAPR-related abbreviated or full SIP revision must meet the
following general submittal conditions:
     Timeliness and completeness of SIP submittal. The SIP
submittal completeness criteria in section 2.1 of appendix V to 40 CFR
part 51 apply. In addition, if a state wants to replace the default
allowance allocation or applicability provisions of a CSAPR Federal
trading program, the complete SIP revision must be submitted to EPA by
December 1 of the year before the deadlines described below for
submitting allocation or auction amounts to EPA for the first control
period for which the state wants to replace the default allocation and/
or applicability provisions.\13\ This SIP submission deadline is
inoperative in the case of a SIP revision that seeks only to replace a
CSAPR FIP and Federal trading program with a SIP and a substantively
identical state trading program integrated with the Federal trading
program.
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    \13\ 40 CFR 52.38(a)(4)(ii), (a)(5)(vi), (b)(4)(iii),
(b)(5)(vii), (b)(8)(iv), (b)(9)(viii); 52.39(e)(2), (f)(6), (h)(2),
(i)(6).
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    In addition to the general submittal conditions, a CSAPR-related
abbreviated or full SIP seeking to address the allocation or auction of
emission allowances must meet the following further conditions:
     Methodology covering all allowances potentially requiring
allocation. For each Federal trading program addressed by a SIP
revision, the SIP revision's allowance allocation or auction
methodology must replace

both the Federal program's default allocations to existing units \14\
at 40 CFR 97.411(a), 97.511(a), 97.611(a), 97.711(a), or 97.811(a) as
applicable, and the Federal trading program's provisions for allocating
allowances from the new unit set-aside (NUSA) for the state at 40 CFR
97.411(b)(1) and 97.412(a), 97.511(b)(1) and 97.512(a), 97.611(b)(1)
and 97.612(a), 97.711(b)(1) and 97.712(a), or 97.811(b)(1) and
97.812(a), as applicable.\15\ In the case of a state with Indian
country within its borders, while the SIP revision may neither alter
nor assume the Federal program's provisions for administering the
Indian country NUSA for the state, the SIP revision must include
procedures addressing the disposition of any otherwise unallocated
allowances from an Indian country NUSA that may be made available for
allocation by the state after EPA has carried out the Indian country
NUSA allocation procedures.\16\
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    \14\ In the context of the approval conditions for CSAPR-related
SIP revisions, an ``existing unit'' is a unit for which EPA has
determined default allowance allocations (which could be allocations
of zero allowances) in the rulemakings establishing and amending
CSAPR.
    \15\ 40 CFR 52.38(a)(4)(i), (a)(5)(i), (b)(4)(ii), (b)(5)(ii),
(b)(8)(iii), (b)(9)(iii); 52.39(e)(1), (f)(1), (h)(1), (i)(1).
    \16\ See 40 CFR 97.412(b)(10)(ii), 97.512(b)(10)(ii),
97.612(b)(10)(ii), 97.712(b)(10)(ii), 97.812(b)(10)(ii).
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     Assurance that total allocations will not exceed the state
budget. For each Federal trading program addressed by a SIP revision,
the total amount of allowances auctioned or allocated for each control
period under the SIP revision (prior to the addition by EPA of any
unallocated allowances from any Indian country NUSA for the state)
generally may not exceed the state's emissions budget for the control
period less the sum of the amount of any Indian country NUSA for the
state for the control period and any allowances already allocated to
the state's units for the control period and recorded by EPA.\17\ Under
its SIP revision, a state is free to not allocate allowances to some or
all potentially affected units, to allocate or auction allowances to
entities other than potentially affected units, or to allocate or
auction fewer than the maximum permissible quantity of allowances and
retire the remainder. Under the CSAPR NOX Ozone Season Group
2 Trading Program only, additional allowances may be allocated if the
state elects to expand applicability to non-EGUs that would have been
subject to the NOX Budget Trading Program established for
compliance with the NOX SIP Call.\18\
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    \17\ 40 CFR 52.38(a)(4)(i)(A), (a)(5)(i)(A), (b)(4)(ii)(A),
(b)(5)(ii)(A), (b)(8)(iii)(A), (b)(9)(iii)(A); 52.39(e)(1)(i),
(f)(1)(i), (h)(1)(i), (i)(1)(i).
    \18\ 40 CFR 52.38(b)(8)(iii)(A), (b)(9)(iii)(A).
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     Timely submission of state-determined allocations to EPA.
The SIP revision must require the state to submit to EPA the amounts of
any allowances allocated or auctioned to each unit for each control
period (other than allowances initially set aside in the state's
allocation or auction process and later allocated or auctioned to such
units from the set-aside amount) by the following deadlines.\19\ Note
that the submission deadlines differ for amounts allocated or auctioned
to units considered existing units for CSAPR purposes and amounts
allocated or auctioned to other units.
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    \19\ 40 CFR 52.38(a)(4)(i)(B)-(C), (a)(5)(i)(B)-(C),
(b)(4)(ii)(B)-(C), (b)(5)(ii)(B)-(C), (b)(8)(iii)(B)-(C),
(b)(9)(iii)(B)-(C); 52.39(e)(1)(ii)-(iii), (f)(1)(ii)-(iii),
(h)(1)(ii)-(iii), (i)(1)(ii)-(iii).

CSAPR NOX Annual, CSAPR NOX Ozone Season Group 1, CSAPR SO2 Group 1, and
                   CSAPR SO2 Group 2 Trading Programs
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                                                        Deadline for
                               Year of the control  submission to EPA of
            Units                    period            allocations or
                                                       auction results
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Existing....................  2017 and 2018.......  June 1, 2016.
                              2019 and 2020.......  June 1, 2017.
                              2021 and 2022.......  June 1, 2018.
                              2023 and later years  June 1 of the fourth
                                                     year before the
                                                     year of the control
                                                     period.
Other.......................  All years...........  July 1 of the year
                                                     of the control
                                                     period.
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             CSAPR NOX Ozone Season Group 2 Trading Program
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                                                        Deadline for
                               Year of the control  submission to EPA of
            Units                    period            allocations or
                                                       auction results
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Existing....................  2019 and 2020.......  June 1, 2018.
                              2021 and 2022.......  June 1, 2019.
                              2023 and 2024.......  June 1, 2020.
                              2025 and later years  June 1 of the fourth
                                                     year before the
                                                     year of the control
                                                     period.
Other.......................  All years...........  July 1 of the year
                                                     of the control
                                                     period.
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     No changes to allocations already submitted to EPA or
recorded. The SIP revision must not provide for any change to the
amounts of allowances allocated or auctioned to any unit after those
amounts are submitted to EPA or any change to any allowance allocation
determined and recorded by EPA under the Federal trading program
regulations.\20\
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    \20\ 40 CFR 52.38(a)(4)(i)(D), (a)(5)(i)(D), (b)(4)(ii)(D),
(b)(5)(ii)(D), (b)(8)(iii)(D), (b)(9)(iii)(D); 52.39(e)(1)(iv),
(f)(1)(iv), (h)(1)(iv), (i)(1)(iv).
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     No other substantive changes to Federal trading program
provisions. The SIP revision may not substantively change any other
trading program provisions, except in the case of a SIP revision that
also expands program applicability as described below.\21\ Any new
definitions adopted in the SIP revision (in addition to the Federal
trading program's definitions) may apply only for purposes of the SIP
revision's allocation or auction provisions.\22\
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    \21\ 40 CFR 52.38(a)(4), (a)(5), (b)(4), (b)(5), (b)(8), (b)(9);
52.39(e), (f), (h), (i).
    \22\ 40 CFR 52.38(a)(4)(i), (a)(5)(ii), (b)(4)(ii), (b)(5)(iii),
(b)(8)(iii), (b)(9)(iv); 52.39(e)(1), (f)(2), (h)(1), (i)(2).

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    In addition to the general submittal conditions, a CSAPR-related
abbreviated or full SIP revision seeking to expand applicability under
the CSAPR NOX Ozone Season Group 1 or CSAPR NOX
Ozone Season Group 2 Trading Programs (or an integrated state trading
program) must meet the following further conditions:
     Only electricity generating units with nameplate capacity
of at least 15 MWe. The SIP revision may expand applicability only to
additional fossil fuel-fired boilers or combustion turbines serving
generators producing electricity for sale, and only by lowering the
generator nameplate capacity threshold used to determine whether a
particular boiler or combustion turbine serving a particular generator
is a potentially affected unit. The nameplate capacity threshold
adopted in the SIP revision may not be less than 15 MWe.\23\ In
addition or alternatively, applicability under the CSAPR NOX
Ozone Season Group 2 Trading Program may be expanded to non-EGUs that
would have been subject to the NOX Budget Trading Program
established for compliance with the NOX SIP Call.\24\
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    \23\ 40 CFR 52.38(b)(4)(i), (b)(5)(i), (b)(8)(i), (b)(9)(i).
    \24\ 40 CFR 52.38(b)(8)(ii), (b)(9)(ii).
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     No other substantive changes to Federal trading program
provisions. The SIP revision may not substantively change any other
trading program provisions, except in the case of a SIP revision that
also addresses the allocation or auction of emission allowances as
described above.\25\
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    \25\ 40 CFR 52.38(b)(4), (b)(5), (b)(8), (b)(9).
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    In addition to the general submittal conditions and the other
applicable conditions described above, a CSAPR-related full SIP
revision must meet the following further conditions:
     Complete, substantively identical trading program
provisions. The SIP revision must adopt complete state trading program
regulations substantively identical to the complete Federal trading
program regulations at 40 CFR 97.402 through 97.435, 97.502 through
97.535, 97.602 through 97.635, 97.702 through 97.735, or 97.802 through
97.835, as applicable, except as described above in the case of a SIP
revision that seeks to replace the default allowance allocation and/or
applicability provisions.\26\
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    \26\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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     Only non-substantive substitutions for the term ``State.''
The SIP revision may substitute the name of the state for the term
``State'' as used in the Federal trading program regulations, but only
to the extent that EPA determines that the substitutions do not
substantively change the trading program regulations.\27\
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    \27\ 40 CFR 52.38(a)(5)(iii), (b)(5)(iv), (b)(9)(v);
52.39(f)(3), (i)(3).
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     Exclusion of provisions addressing units in Indian
country. The SIP revision may not impose requirements on any unit in
any Indian country within the state's borders and must not include the
Federal trading program provisions governing allocation of allowances
from any Indian country NUSA for the state.\28\
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    \28\ 40 CFR 52.38(a)(5)(iv), (b)(5)(v), (b)(9)(vi); 52.39(f)(4),
(i)(4).
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IV. Indiana's SIP Submittal and EPA's Analysis

A. Indiana's SIP Submittal

    In the CSAPR rulemaking, EPA determined that air pollution
transported from EGUs in Indiana would unlawfully affect other states'
ability to attain or maintain the 1997 Ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS, and
included Indiana in the CSAPR ozone season NOX trading
program and the annual SO2 and NOX trading
programs.\29\ In the CSAPR Update rulemaking, EPA determined that air
pollution transported from EGUs in Indiana would unlawfully affect
other states' ability to attain or maintain the 2008 Ozone NAAQS.\30\
Indiana's units meeting the CSAPR applicability criteria are
consequently currently subject to CSAPR FIPs that require participation
in the CSAPR NOX Annual Trading Program, the CSAPR
SO2 Group 1 Trading Program, and the CSAPR NOX
Ozone Season Group 2 Trading Program.\31\
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    \29\ 76 FR 48208, 48213 (August 8, 2011).
    \30\ 81 FR 74504, 74506 (October 26, 2016).
    \31\ 40 CFR 52.38(a)(2), (b)(2); 52.39(b); 52.789(a), (b);
52.790.
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    Indiana's November 27, 2017 SIP submittal would incorporate into
the SIP CSAPR state trading program regulations that would replace the
CSAPR Federal trading program regulations with regard to Indiana units'
SO2 and NOX emissions. The SIP submittal includes
Indiana Rules 326 IAC 24-5, 24-6, and 24-7. In general, each of
Indiana's CSAPR state trading program rules is designed to replace the
corresponding Federal trading program regulations. For example, Indiana
Rule 326 IAC 24-5, NOX Annual Trading Program, is designed
to replace subpart AAAAA of 40 CFR part 97 (i.e., 40 CFR 97.401 through
97.435).
    With regard to form, some of the individual rules for each Indiana
CSAPR state trading program are set forth as full regulatory text--
notably the rules governing allocation of the state trading budgets
among the state's EGUs--but most of the rules incorporate the
corresponding Federal trading program section or sections by reference.
    With regard to substance, the rules for each Indiana CSAPR state
trading program differ from the corresponding CSAPR Federal trading
program regulations in two main ways. First, the Indiana rules omit
some Federal trading program provisions not applicable to Indiana's
state trading programs, including provisions setting forth the amounts
of emissions budgets, NUSAs, Indian country NUSAs, and variability
limits for other states and provisions relating to EPA's administration
of Indian country NUSAs. Second, the Indiana rules contain provisions
that replace the default allowance allocation methodology and process
from the FIPs with Indiana's own state-administered process. Indiana's
methodology for determining allocations to existing units generally
provides for allocations based on each unit's historical heat input
subject to caps based on each unit's historical maximum emissions.
Indiana's methodology for allocating NUSA allowances provides for
allocations to new units based on each unit's recent historical
emissions followed by allocations to existing units of any allowances
not allocated to new units. These methodologies are similar to the
methodologies used by EPA to determine the default allocations to
existing units and to annually allocate NUSA allowances under the
Federal trading programs. However, while EPA's default allocations to
existing units are fixed for all future control periods, Indiana's
methodology calls for allocations for each successive control period to
be calculated using more recent data on the units' historical heat
input and maximum emissions.
    The Indiana rules adopt the Phase 2 NOX Annual,
SO2 Group 1, and NOX Ozone Season Group 2 budgets
found at 40 CFR 97.410(a)(4)(iv), 97.610(a)(2)(iv), and
97.810(a)(5)(i), respectively. Accordingly, EPA will evaluate the
approvability of the Indiana SIP submission consistent with these
budgets.

B. EPA's Analysis of Indiana's SIP Submittal

1. Timeliness and Completeness of SIP Submittal
    Indiana is seeking to replace EPA-determined allowance allocations
with state-determined allocations starting with the 2021 control
periods for all three CSAPR trading programs. For the

NOX Annual and SO2 Group 1 trading programs,
under 40 CFR 52.38(a)(5)(i)(B) and 52.39(f)(1)(ii), the deadline for
submission of state-determined allocations for the 2021 control periods
is June 1, 2018, triggering a December 1, 2017 SIP submittal deadline
for these programs under 40 CFR 52.38(a)(5)(vi) and 52.39(f)(6). For
the NOX Ozone Season Group 2 trading program, under 40 CFR
52.38(b)(9)(iii)(B), the allocation submission deadline for the 2021
control period is June 1, 2019, triggering a December 1, 2018 SIP
submittal deadline for this program under 40 CFR 52.38(b)(9)(viii).
Indiana submitted its SIP revision to EPA on November 27, 2017, and EPA
has determined that the submittal complies with the applicable minimum
completeness criteria in section 2.1 of appendix V to 40 CFR part 51.
Indiana has therefore met the requirements for timeliness and
completeness of its CSAPR SIP submittal for all three programs.
2. Methodology Covering All Allowances Potentially Requiring Allocation
    In the rules for each Indiana trading program, section 2 adopts the
full amount of the state's budget under the corresponding Federal
program, sections 4 and 5 contain provisions replacing the
corresponding Federal program's default allocations to existing units,
and sections 6 and 7 contain provisions replacing the corresponding
Federal program's provisions for allocating allowances from the NUSAs.
There are no Indian country NUSAs for Indiana, making it unnecessary
for Indiana's rules to contain provisions addressing the disposition of
otherwise unallocated allowances from an Indian country NUSA after EPA
has carried out the Indiana country NUSA allocation procedures.
Indiana's rules therefore meet the condition under 40 CFR
52.38(a)(5)(i), 52.38(b)(9)(iii), and 52.39(f)(1) that the state's
allocation methodology must cover all allowances potentially requiring
allocation by the state.
3. Assurance That Total Allocations Will Not Exceed the State Budget
    Indiana's rules provide for allocation of total amounts of
allowances equal to the emissions budgets set for Indiana for the
control periods in 2017 and subsequent years under the three CSAPR
trading programs. Indiana's NOX Annual trading budget is
incorporated by reference in 326 IAC 24-5-2(a), Indiana's
NOX Ozone Season Group 2 budget is incorporated in 326 IAC
24-6-2(a), and Indiana's SO2 Group 1 budget is incorporated
by reference in 326 IAC 24-7-2(a). Because there are no Indian country
NUSAs for Indiana, there is no possibility that additional allowances
will be made available for allocation under the state's methodology,
and EPA has not yet allocated or recorded CSAPR allowances for the
control periods in 2021 or later years for Indiana units. Indiana's
rules therefore meet the condition under 40 CFR 52.38(a)(5)(i)(A),
52.38(b)(9)(iii)(A), and 52.39(f)(1)(i) that, for each trading program,
the total amount of allowances allocated under the SIP revision (before
the addition of any otherwise unallocated allowances from an Indian
country NUSA) may not exceed the state's budget for the control period
less the amount of the Indian country NUSA for the state and any
allowances already allocated and recorded by EPA.
4. Timely Submission of State-Determined Allocations to EPA
    In the rules for each trading program, section 3 sets out the dates
by which the state will submit state-determined allowance allocations
to EPA. For existing units, by June 1, 2018, the state will submit
allocations for the control periods in 2021 and 2022, and then,
starting in 2019, by June 1 of every second year the state will submit
allocations for the two control periods that are four and five years
after the year of the submittal (for example, the submittal due by June
1, 2019 will include allocations for the 2023 and 2024 control
periods). For NUSA allowances, for each control period the state will
submit first-round allocations by July 1 of the year of the control
period and second-round allocations by February 6 of the year after the
control period. These dates match or precede the applicable deadlines
for submittal of existing unit allocations in 40 CFR 52.38(a)(5)(i)(B),
52.38(b)(9)(iii)(B), and 52.39(f)(1)(ii) and the applicable deadlines
for submittal of NUSA allocations in 40 CFR 52.38(a)(5)(i)(C),
52.38(b)(9)(iii)(C), and 52.39(f)(1)(iii), thereby meeting the
conditions requiring allocations to be submitted before these
deadlines.
5. No Changes to Allocations Already Submitted to EPA or Recorded
    The Indiana rules do not include any provisions allowing alteration
of allocations after the allocation amounts have been provided to EPA
and no provisions allowing alteration of any allocations made and
recorded by EPA under the Federal trading program regulations, thereby
meeting the condition under 40 CFR 52.38(a)(5)(i)(D),
52.38(b)(9)(iii)(D), and 52.39(f)(1)(iv).
6. No Other Substantive Changes to Federal Trading Program Provisions
    As discussed above, Indiana's rules generally incorporate by
reference the corresponding provisions (including the definitions) of
the Federal trading programs, except for the default Federal provisions
addressing allowance allocations. The state has broad discretion to
adopt any allowance allocation methodology, subject to limits on the
total quantities of allowances allocated and the timing of submissions
of allocation information to EPA. EPA believes that Indiana intends for
the allocation provisions in its rules to adhere to the limits just
noted, but EPA also identified several issues concerning provisions of
the state rules that may not accurately reflect the state's intent in
adopting the provisions, as discussed below. By letter to EPA dated
June 11, 2018, the state has clarified its interpretation of these rule
provisions.\32\ EPA has confirmed that, as clarified, the only
substantive changes in Indiana's rules concern allowance allocations,
and that these changes do not exceed the state's broad discretion with
regard to allowance allocations.
---------------------------------------------------------------------------

    \32\ See the June 11, 2018 letter from Assistant Commissioner
Keith Bauges to Regional Administrator Cathy Stepp, available in the
docket.
---------------------------------------------------------------------------

    The first issue concerns instances where the text of two of
Indiana's CSAPR rules indicates that references to the rules'
allocation provisions should be substituted for certain references to
the default Federal allocation provisions, but the state rule text does
not accurately identify the default Federal provisions being replaced.
Indiana has clarified that, in the state's NOX Ozone Season
Group 2 rule at 326 IAC 24-6-1(d)(3), the state interprets the rule
text as replacing a reference to the default Federal allocation
provisions at ``40 CFR 97.811(a)(2) and (b) and 97.812'', not ``40 CFR
97.811(a)(2) and (b) 97.812'' as currently written in the rule text,
and that in the state's SO2 Group 1 rule at 326 IAC 24-7-
1(d)(3), the state interprets the rule text as replacing the default
Federal allocation provisions at ``40 CFR 97.611(a)(2) and (b) and
97.612'', not ``40 CFR 97.611(a)(2) and 97.611(b)'' as currently
written in the rule text. EPA agrees that the meaning of the rule text,
as interpreted by the state, is clear from context.
    The second issue concerns an inaccurate terminology definition that
appears in all three of Indiana's CSAPR rules. In the nomenclature for
the

equation to calculate second-round NUSA allocations at 326 IAC
24.5.7(a)(2)(B), 326 IAC 24.6.7(a)(2)(B), and 326 IAC 24.7.7(a)(2)(B),
the rule text defines the term ``sum'' as ``the total amount of
allocations under this subdivision''. In context, the definition of
``sum'' as written cannot be correct because it is circular with the
term ``unit allowance'' in the same equation, and if the definition
were correct, the only situation in which the two sides of the equation
could be equal--i.e., where the total number of allowances available
for second-round NUSA allocations equals the sum of the eligible units'
historical emissions less the sum of the eligible units' first-round
NUSA allocations--is a situation in which the equation is not supposed
to be used. In its letter, Indiana has clarified that the state
interprets the term ``sum'' instead to mean ``the sum under this
subdivision''--that is, subdivision (2)--which elsewhere in subdivision
(2) is further defined as the ``the sum of the positive differences
determined under subdivision (1)''. EPA agrees that the state's
interpretation of the rule text is reasonable in context and notes that
it causes the equation to allocate allowances in the same manner as
EPA's default NUSA allocation methodology would allocate allowances in
an analogous situation.
    The third issue also arises in all three of Indiana's CSAPR rules
and concerns a potential conflict between two requirements of the
state's allocation methodology. The first requirement, set forth at 326
IAC 24-5-5(d)(3) and (e)(1), 326 IAC 24-6-5(d)(3) and (e)(1), and 326
IAC 24-7-5(d)(3) and (e)(1), caps the allocation from the state's
``existing unit budget'' to each individual existing unit at an amount
based on the unit's historical emissions. The second requirement, set
forth at 326 IAC 24-5-5(e)(3), 326 IAC 24-6-5(e)(3), and 326 IAC 24-7-
5(e)(3), directs the state to repeat its allocation calculations
``until the entire existing unit budget is allocated.'' Under Indiana's
allocation methodology, unlike EPA's default allocation methodology,
the set of historical emissions data used to determine the caps on
individual units' allocations is periodically updated, creating the
possibility that for some future control period, the sum of the
individual units' applicable caps will be less than the total amount of
the existing unit budget, causing a conflict between these two
requirements. In the clarification letter, Indiana acknowledges the
potential for the conflict of the two requirements, however did not
find this to be an issue for the 2021 and 2022 allocation cycles.
Indiana will watch for this issue with future allocation cycles and
will revise the SIP in a timely matter if it becomes necessary. This
would include the possibility of an emergency rule if the normal rule
process was not expeditious enough. EPA agrees that this is a
reasonable approach if this becomes an issue in future allocation
cycles.
    EPA concludes that the state's allocation methodology, as clarified
above, does not exceed the state's broad discretion regarding allowance
allocations and that the state's rules make no other substantive
changes to the Federal trading program provisions, thereby meeting the
condition in 40 CFR 52.38(a)(5), 52.39(f), and 52.38(b)(9).
7. Complete, Substantively Identical Trading Program Provisions
    As discussed above, the Indiana SIP revision adopts state budgets
identical to the Phase 2 budgets for Indiana under the Federal trading
programs and adopts almost all of the provisions of the Federal CSAPR
NOX Annual Trading Program, CSAPR SO2 Group 1
Trading Program, and CSAPR NOX Ozone Season Group 2 Trading
Program, with the exception of differences in the allocation
methodology. Under the state's rules, Indiana will determine allowance
allocations beginning with the 2021 control periods.
    With a few exceptions, the rules comprising Indiana's CSAPR state
trading program for annual NOX emissions either incorporate
by reference or adopt full-text replacements for all of the provisions
of 40 CFR 97.402 through 97.435; the rules comprising Indiana's CSAPR
state trading program for NOX ozone season emissions either
incorporate by reference or adopt full-text replacements for all of the
provisions of 40 CFR 97.802 through 97.835; and the rules comprising
Indiana's CSAPR state trading program for SO2 emissions
either incorporate by reference or adopt full-text replacements for all
of the provisions of 40 CFR 97.602 through 97.635. The major exception,
which as discussed above is a permissible substantive change, is that
Indiana has adopted rule provisions for a state-administered allocation
methodology replacing the default EPA-administered allocation
methodology. The additional minor exceptions discussed below are
likewise either permissible or required.
    The first additional exception is that the Indiana rules do not
incorporate the provisions of 40 CFR 97.410(a) and (b), 97.810(a) and
(b), and 97.610(a) and (b) setting forth the amounts of the Phase 1
emissions budgets, NUSAs, and variability limits for Indiana and the
amounts of the Phase 1 and Phase 2 emissions budgets, NUSAs, Indian
country NUSAs, and variability limits for other states. Omission of the
Indiana Phase 1 emissions budget, NUSA, and variability limit amounts
is appropriate because Indiana's state trading programs do not apply to
emissions occurring in Phase 1 of CSAPR. Omission of the Phase 1 and
Phase 2 budget, NUSA, Indian country NUSA, and variability limit
amounts for other states from state trading programs in which only
Indiana units participate does not undermine the completeness of
Indiana's state trading programs. Indiana's rules incorporate or
include full-text replacement provisions for the remaining provisions
of 40 CFR 97.410, 97.810, and 97.610 that are relevant to trading
programs applicable only to Indiana units during the control periods in
2021 and later years.
    The second additional exception is that the Indiana rules do not
incorporate 40 CFR 97.421(a) through (d), 97.821(a) through (c), and
97.621(a) through (d) setting forth the recordation schedules for
allowance allocations for control periods in years before 2021.
Omission of these provisions is non-substantive because Indiana's rules
apply only to allocations for control periods in 2021 and later years.
    The third additional exception is that the Indiana rules do not
incorporate certain provisions of the Federal program regulations
concerning EPA's administration of Indian country NUSAs. Omission of
these provisions from Indiana's state trading program rules is
required, as discussed below.
    None of the omissions undermines the completeness of Indiana's
state trading programs, and EPA has preliminarily determined that
Indiana's SIP revision makes no substantive changes to the provisions
of the Federal trading program regulations. Thus, Indiana's SIP
revision meets the condition under 40 CFR 52.38(a)(5), 52.38(b)(9), and
52.39(f) that the SIP revision must adopt complete state trading
program regulations substantively identical to the complete Federal
trading program regulations at 40 CFR 97.402 through 97.435, 97.802
through 97.835, and 97.602 through 97.635, respectively, except to the
extent permitted in the case of a SIP revision that seeks to replace
the default allowance allocation and/or applicability provisions.
8. Only Non-Substantive Substitutions for the Term ``State''
    Indiana's CSAPR program rules do not make any substitutions for the
term

''State,'' rendering moot the condition in 40 CFR 52.38(a)(5)(iii),
52.38(b)(9)(v), and 52.39(f)(3) that any such substitutions must be
non-substantive.
9. Exclusion of Provisions Addressing Units in Indian Country
    Indiana Rules 326 IAC 24-5-1(a), 326 IAC 24-6-1(a), and 326 IAC 24-
7-1(a) incorporate by reference the applicability provisions of the
Federal trading program rules at 40 CFR 97.404, 97.804, and 97.604,
respectively. There is no Indian country (as defined for purposes of
CSAPR) within Indiana's borders, so the applicability provisions of the
Indiana rules necessarily do not extend to any units in Indian country.
In addition, Indiana's SIP revision excludes the Federal trading
program provisions related to EPA's process for allocating and
recording allowances from Indian country NUSAs (i.e., 40 CFR
97.411(b)(2), 97.411(c)(5)(iii), 97.412(b), 97.421(h), and 97.421(j)
for the NOX Annual program; 40 CFR 97.811(b)(2),
97.811(c)(5)(iii), 97.812(b), 97.821(h), and 97.821(j) for the
NOX Ozone Season Group 2 program; and 40 CFR 97.611(b)(2),
97.611(c)(5)(iii), 97.612(b), 97.621(h), and 97.621(j) for the
SO2 Group 1 program). Indiana's SIP revision therefore meets
the conditions under 52.38(a)(5)(iv), 52.38(b)(9)(vi), and 52.39(f)(4)
that a SIP submittal must not impose any requirement on any unit in
Indian country within the borders of the State and must exclude certain
provisions related to administration of Indian country NUSAs.

V. What action is EPA taking?

    EPA is proposing to approve Indiana's November 27, 2017, submittal,
incorporating Indiana CSAPR rules in 326 IAC 24-5, 24-6, and 24-7, as a
revision to Indiana's SIP. These state rules establish Indiana CSAPR
state trading programs for annual NOX, ozone season
NOX, and annual SO2 emissions for units in the
state. The Indiana CSAPR state trading programs would be integrated
with the Federal CSAPR NOX Annual Trading Program, the
Federal CSAPR NOX Ozone Season Group 2 Trading Program, and
the Federal CSAPR SO2 Group 1 Trading Program, respectively,
and would be substantively identical to the Federal trading programs
except for the allowance allocation provisions. If EPA approves the SIP
revision, Indiana units would generally be required to meet
requirements under Indiana's CSAPR state trading programs equivalent to
the requirements the units otherwise would have been required to meet
under the corresponding CSAPR Federal trading programs. This proposed
approval also includes the repeal of Indiana CAIR rules which have been
replaced by CSAPR for applicable EGUs. The rules being repealed from
the SIP are 326 IAC 24-1, 24-2, and 24-3 (except 3-1, 3-2, 3-4, and 3-
11). EPA is proposing to approve the SIP revision because it meets the
requirements of the CAA and EPA's regulations for approval of a CSAPR
full SIP revision replacing a Federal trading program with a state
trading program that is integrated with and substantively identical to
the Federal trading program except for permissible differences, as
discussed in section IV above.
    EPA promulgated FIPs requiring Indiana units to participate in the
Federal CSAPR NOX Annual Trading Program, the Federal CSAPR
SO2 Group 1 Trading Program, and the Federal CSAPR
NOX Ozone Season Group 2 Trading Program in order to address
Indiana's obligations under CAA section 110(a)(2)(D)(i)(I) with respect
to the 1997 PM2.5 NAAQS, the 2006 PM2.5 NAAQS,
the 1997 ozone NAAQS, and the 2008 ozone NAAQS in the absence of SIP
provisions addressing those requirements. Approval of Indiana's SIP
submittal adopting CSAPR state trading program rules for annual
NOX, annual SO2, and ozone season NOX
substantively identical to the corresponding CSAPR Federal trading
program regulations (or differing only with respect to the allowance
allocation methodology) would fully satisfy Indiana's obligation
pursuant to CAA section 110(a)(2)(D)(i)(I) to prohibit emissions which
will significantly contribute to nonattainment or interfere with
maintenance of the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, and the 1997 ozone NAAQS in any other state and
partially satisfy Indiana's corresponding obligation with respect to
the 2008 ozone NAAQS.\33\ Approval of the SIP submittal therefore would
correct the same deficiency in the SIP that otherwise would be
corrected by those CSAPR FIPs. Under the CSAPR regulations, upon EPA's
full and unconditional approval of a SIP revision as correcting the
SIP's deficiency that is the basis for a particular CSAPR FIP, the
requirement to participate in the corresponding CSAPR Federal trading
program is automatically eliminated for units subject to the state's
jurisdiction (but not for any units located in any Indian country
within the state's borders).\34\ Approval of Indiana's SIP submittal
establishing CSAPR state trading program rules for annual
NOX, annual SO2, and ozone season NOX
emissions therefore would result in automatic termination of the
requirements of Indiana units to participate in the Federal CSAPR
NOX Annual Trading Program, the Federal CSAPR SO2
Group 1 Trading Program, and the Federal CSAPR NOX Ozone
Season Group 2 Trading Program.
---------------------------------------------------------------------------

    \33\ As noted in footnote 2 above, in a separate action EPA has
proposed to make a determination that, if finalized, would cause
approval of this SIP revision to also fully satisfy Indiana's good
neighbor obligation with respect to the 2008 ozone NAAQS.
    \34\ 40 CFR 52.38(a)(6), (b)(10)(i), 52.39(j); see also
52.789(a)(1), 52.789(b)(2); 52.790(a).
---------------------------------------------------------------------------

    In the SIP submittal, IDEM also requested approval of a revision to
326 IAC 26-1-5 replacing reliance on CAIR in the state's Regional Haze
program with reliance on CSAPR. EPA will act on this request in a
separate rulemaking.

VI. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Indiana rules 326 IAC 24-5, 326 IAC 24-6, and 326 IAC 24-7,
effective November 24, 2017. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 5 office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

    Dated: July 30, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-17357 Filed 8-13-18; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

			OFFICE OF  PREVENTION, PESTICIDES,  AND TOXIC SUBSTANCES

MEMORANDUM								July 11, 2007

SUBJECT: 		Product Chemistry of Zinc Naphthenate

From:			A. Najm Shamim, Ph.D., Chemist

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

To:			Rebecca Cool, CRM for Naphthenate Salts of Copper and Zinc

			Antimicrobials Division (7510P)

					And

			Kathryn Jakob, CRM for Zinc-Naphthenate RED

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

Thru:			Diane Isbell, Team Leader

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

					And

			Mark Hartman, Chief

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

PC Code:  			088301

CAS #:				12001-85-3

Chemical Name:		Zinc Naphthenate

Common Name:		Naphthenate Salts

Chemical Formula:		Zn(R-COO)2 where R = various alkyl and cycloalkyl group

Mol. Wt.:			Variable between 365-665

Molecular Structure:

Physical/Chemical Characteristics of Zinc Naphthenate

	1. Color:		Light Brown

	2. Physical State:	TGAI appears  solid and MP appears  liquid at 25 o C

	3. Odor:		Hydrocarbon-like odor

	4. MP:			Solid

	5.BP:			N/A

	6. Specific Gravity:	0.8- 1.02

	7. Solubility:		15-80 ppm @ 25 C, in water; it is highly soluble in organic solvents; more in non-polar organics than polar organics.

	8. v. p.			1.0 x 10-5  mm Hg at 25 o C*

	9. Persistence in Air:	No Data

	10. Dissoc Constant:	Not reported/ No Data

	11. Log KOW:		1.0 to 1.2

	12. pH:		Not reported for TGAI or MP; some formulations report a pH between 6.5 and 7.0

	13. Stability:		Stable at ambient temperature (22± 2 o  C ) and elevated temperature ( 53-55 o C) for 14 days (14-day study only).

	14. Oxid/Reduc:	N/A: Product does not contain any oxidizing or reducing agents

	15. Flammability:	60 o  C

	16. Explodability:	Not explosive

	17. Viscosity:		200 cps at ~ 25 o  C for MP

	18. Miscibility:	Not reported/No Data

	19. Corrosion Char.:	Not Corrosive

	20. Dielectric

	 breakdown voltage:	Dielectric breakdown voltage is not established for the product. It will not be sued near electrical equipment

*	Only one registrant reported the vapor pressure; others either did not measure or asked for exemption from the requirements.


[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]
[Page 30580]
[DOCID:fr01jn07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-462-000]

Puget Sound Energy, Inc.; Notice of Tariff Filing

May 25, 2007.
    Take notice that on May 22, 2007, Puget Sound Energy, Inc. (Puget)
tendered for filing as part of its FERC Gas Tariff, Original Volume No.
1, Sixth Revised Sheet No. 1 and Original Sheet Nos. 127 through 133,
to be effective June 22, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10539 Filed 5-31-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Page 21224]
[FR Doc No: 2014-08404]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-7404-000]

Rettinger, Jon; Notice of Filing

    Take notice that on April 8, 2014, Jon Rettinger submitted for
filing, an application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act (FPA), 16 U.S.C.
825d(b), Part 45 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR Part 45, and Order
No. 664.\1\
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    \1\ Commission Authorization to Hold Interlocking Positions, 112
FERC ] 61,298 (2005) (Order No. 664); order on reh'g, 114 FERC ]
61,142 (2006) (Order No. 664-A).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 29, 2014.

    Dated: April 8, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08404 Filed 4-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14212-14213]
[FR Doc No: 2017-05311]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2788-017]

Goodyear Lake Hydro, LLC; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2788-017.
    c. Date filed: February 27, 2017.
    d. Applicant: Goodyear Lake Hydro, LLC (Goodyear Lake Hydro).
    e. Name of Project: Colliersville Hydroelectric Project.
    f. Location: On the North Branch of the Susquehanna River, in the
Town of Milford, Otsego County, New York. The project does not occupy
lands of the United States.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Kevin Webb, Hydro Licensing Manager; Enel

Green Power North America, Inc., 100 Brickstone Square, Suite 300,
Andover, MA 01810;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Emily Carter,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of the Commission's regulations,
if any resource agency, Indian Tribe, or person believes that an
additional scientific study should be conducted in order to form an
adequate factual basis for a complete analysis of the application on
its merit, the resource agency, Indian Tribe, or person must file a
request for a study with the Commission not later than 60 days from the
date of filing of the application, and serve a copy of the request on
the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: April 28, 2017.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426. The first page of any filing should include
docket number P-2788-017.
    m. The application is not ready for environmental analysis at this
time.
    n. The existing Colliersville Hydroelectric Project consists of:
(1) A 200-foot-long, 35-foot-high reinforced-concrete Ambursen-type
dam; (2) a 364-acre reservoir (Goodyear Lake) with a gross storage
capacity of 7,800 acre-feet at a normal pool elevation of 1,150.22 feet
National Geodetic Vertical Datum of 1929; (3) a 550-foot-long
reinforced concrete power canal, approximately 50 feet wide and 6 feet
deep at the head gates, extending from a head gate structure adjacent
to the dam (i.e., the intake) to the powerhouse; (4) a 103-foot-long by
33-foot-wide reinforced concrete powerhouse with trash racks with a
clear spacing of 1.5 inches, and containing two turbines rated at 850
horsepower (HP) and 1150 HP, and two generators having a rated capacity
of 650 kilowatts (kW) and 850 kW, respectively; (5) a 300-foot-long and
approximately 50- to 60-foot-wide tailrace; (6) approximately 80-foot-
long, 4.16-kilovolt underground generator leads or transmission lines
from the powerhouse to an adjacent substation owned by the New York
State Electric and Gas Corporation; and (7) appurtenant facilities.
    Goodyear Lake Hydro operates the project in a run-of-river mode.
The project experiences substantial seasonal and annual variations in
generation, and generates an annual average of 5,985 megawatt-hours.
Goodyear Lake Hydro proposes to continue to operate the project in run-
of-river mode.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary Hydro Licensing
Schedule. Revisions to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary) April 2017
Request Additional Information April 2017
Issue Acceptance Letter July 2017
Issue Scoping Document 1 for comments July 2017
Request Additional Information (if necessary) September 2017
Issue Scoping Document 2 November 2017
Issue notice of ready for environmental analysis December 2017
Commission issues EA or draft EA June 2018
Comments on EA or draft EA July 2018
Commission issues final EA October 2018

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: March 10, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-05311 Filed 3-16-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Notices]
[Page 17155-17156]
[DOCID:fr06ap07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Request for Extension of Time To Commence and Complete
Project Construction and Soliciting Comments, Motions To Intervene, and
Protests

April 2, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Request for Extension of Time.
    b. Project No: 11480-004.
    c. Date Filed: March 19, 2007.
    d. Applicant: Haida Corporation.
    e. Name of Project: Upper Reynolds Creek Hydroelectric Project.
    f. Location: On Reynolds Creek, near the town of Hydaburg, Copper
River Meridian, Prince of Wales, in the Ketchikan County recording
district, Alaska.
    g. Pursuant to: Pub. L. 109-297, 120 STAT. 1471.
    h. Applicant Contact: Donald H. Clarke, Law Offices of GKRSE, 1500
K Street, NW., Suite 330, Washington, DC 20005;<PHONE_NUMBER>.
    i. FERC Contact: Diane M. Murray, Telephone:<PHONE_NUMBER> and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: May 10, 2007.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please include the project number (P-11480-004)
on any comments.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: The licensee requests that the
Commission grant two, two-year extensions of time from the existing
deadlines to commence and complete project

construction of the Jordan Dam Hydroelectric Project. This will be the
first and second 2-year extensions of three authorized by Public Law
109-297. The requested new deadlines would be October 24, 2008, and
October 24, 2010, to commence and complete construction, respectively.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to

be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call toll-free 1-866-208-3676
or e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A
copy is also available for inspection and reproduction at the address
in item h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests, and interventions may be filed
electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-6441 Filed 4-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Notices]
[Page 35651-35652]
[DOCID:fr21jn06-95]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-245-016]

Transcontinental Gas Pipe Line Corporation; Notice of Informal
Settlement Conference

June 12, 2006.
    Take notice that an informal settlement conference will be convened
in this proceeding commencing at 10 a.m. on Tuesday, June 27, 2006 at
the offices of the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426, for the purpose of exploring the
possible settlement of the above-referenced remanded docket.
    Any party, as defined by 18 CFR 385.102(c), or any participant as
defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to
become a party must move to intervene and receive intervenor status
pursuant to the

Commission's regulations (18 CFR 385.214).
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY); or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For additional information, please contact Bill Collins at (202)
502-8248,
<EMAIL_ADDRESS>or Lorna Hadlock at<PHONE_NUMBER><EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9761 Filed 6-20-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19337-19338]
[FR Doc No: 2015-08323]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4208-DR; Docket ID FEMA-2015-0002]

Maine; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Maine (FEMA-4208-DR), dated March 12, 2015,
and related determinations.

DATES:  Effective Date: March 12, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 12, 2015, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

I have determined that the damage in certain areas of the State of
Maine resulting from a severe winter storm, snowstorm, and flooding
during the period of January 26-28, 2015, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Maine.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. You are
further authorized to provide snow assistance under the Public
Assistance program for a limited period of time during or proximate
to the incident period. Consistent with the requirement that Federal
assistance be supplemental, any Federal funds provided under the
Stafford Act for Hazard Mitigation will be limited to 75 percent of
the total eligible costs. Federal funds provided under the Stafford
Act for Public Assistance also will be limited to 75 percent of the
total eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Maine have been designated as
adversely affected by this major disaster:

    Androscoggin, Cumberland, and York Counties for Public
Assistance.
    Androscoggin, Cumberland, and York Counties for snow assistance
under the Public Assistance program for any continuous 48-hour
period during or proximate the incident period.
    All areas within the State of Maine are eligible for assistance
under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used

for reporting and drawing funds: 97.030, Community Disaster Loans;
97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster
Legal Services; 97.034, Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-08323 Filed 4-9-15; 8:45 am]
 BILLING CODE 9111-23-P


? Need to return call by / at/ between and . Signature: Project No.: DISTRIBUTION Page __ 1_ of _ 1_

Project Name: National Strategy TELEPHONE CALL RECORD Outgoing Call Date: 2/ 19/ 04 Time: 2: 00PM Company Name: Lea Refining Contact Name: Donald Whaley Phone No.: 505 748 3311 Name: Arash Hooshangi Eastern Research Group, Inc.

GENERAL SUBJECT : Identification of the facility TOPICS DISCUSSED AND ACTION TAKEN I called Lea Refining, Lovington, NM to inquire whether that facility was actually a petroleum refinery. Lea Refining reports to TRI ( ID: 88260LRFNNSOUTH) but is not listed as a petroleum refining by the Energy Administration Information. I spoke with Mr. Donald Whaley, technical director, and he explained to me that Lea Refining is a very small facility which is essentially a part of Navajo Refining Inc. ( TRI ID: 88210NVJRF501EA) and these two facilities are about 50 miles apart. He explained to me that the Navajo facility performs the downstream operations and the Lovington facility performs mostly crude topping operations. He said that all raw materials are fed to the Navajo facility and the Lea Refining facility in Lovington does not produce any petroleum products except for some asphalt and LPG. For that reason, the two facilities are reported as one facility to the Energy Administration Information but they report separately to TRI. Mr. Whaley asked about the National Strategy project and the purpose of the study.