
[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41637-41641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0294; FRL-8944-7]


Approval of Implementation Plans of Michigan: Clean Air
Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Michigan State
Implementation Plan (SIP) submitted on July 16, 2007, and on June 10,
2009. Together, the revisions address the requirements for an
abbreviated Clean Air Interstate Rule (CAIR) SIP. EPA is also providing
notice that the December 20, 2007, conditional approval of the July 16,
2007, submittal automatically converted to a disapproval.

DATES: This direct final rule will be effective October 19, 2009,
unless EPA receives adverse comments by September 17, 2009. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0294, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Deliveries
are only accepted during the regional office normal hours of operation,
and special arrangements should be made for deliveries of boxed
information. The regional office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0294. 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 through http://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. 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 should 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 electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

[[Page 41638]]

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Douglas Aburano,
Environmental Engineer, at (312) 353-6960, before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-6960,
aburano.douglas@epa.gov.

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

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR Federal
Implementation Plans (FIPs)?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. Analysis of Michigan's CAIR SIP Submittal
VI. Disapproval Notice and Approval Action
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving two revisions to Michigan's abbreviated CAIR SIP
and at the same time is providing notice that one of those revisions,
which EPA had conditionally approved, converted to a disapproval on
December 20, 2008. The revision that was automatically disapproved does
not fulfill the CAIR requirements on its own but does when considered
in conjunction with the second revision.
    On July 16, 2007, Michigan submitted a SIP revision to address the
CAIR requirements. EPA conditionally approved the SIP submittal because
the majority of Michigan's SIP submittal was approvable but there were
several minor deficiencies that needed to be corrected. After the
Michigan Department of Environmental Quality (MDEQ) failed to address
all the issues in EPA's December 20, 2007, conditional approval of the
submittal, the conditional approval lapsed to disapproval on December
20, 2008. Today's action provides notice of the disapproval. On April
13, 2009, MDEQ submitted a proposed SIP revision to address the
deficiencies in the July 16, 2007, submittal. MDEQ requested that EPA
process the April 13, 2009, submittal while the State completed the
State rule adoption process. Additionally, in a letter dated May 7,
2009, MDEQ requested that ``EPA reconsider the conditional approval
given to the original SIP submitted in July 2007.'' MDEQ completed the
State adoption process for the rules submitted to EPA on April 13,
2009, and submitted the adopted rules as a complete SIP revision on
June 10, 2009, in place of the April 13, 2009, submittal. Since the
conditional approval automatically converted to a disapproval on
December 20, 2008, EPA cannot ``reconsider the conditional approval''
as requested by MDEQ. However, it is clear from the aforementioned
correspondence with the State, as well as correspondence accompanying
the June 10, 2009, submittal, that the State intends that EPA should
act on the July 16, 2007, submittal in conjunction with the June 10,
2009, SIP revision request.
    The combination of these two submittals fulfills the CAIR
requirements for abbreviated SIPs. The July 16, 2007, submittal
generally meets the CAIR requirements, and the June 10, 2009, submittal
corrects certain deficiencies EPA found with the July 16, 2007,
submittal. The automatic disapproval of the July 16, 2007, submittal is
inconsequential because, as explained above, we are approving both the
July 16, 2007, and June 10, 2009, submittals.

II. What Is the Regulatory History of CAIR and the CAIR Federal
Implementation Plans (FIPs)?

    EPA published CAIR on May 12, 2005 (70 FR 25162). In this rule, EPA
determined that 28 States and the District of Columbia contribute
significantly to nonattainment and interfere with maintenance of the
national ambient air quality standards (NAAQS) for fine particles
(PM2.5) and/or 8-hour ozone in downwind States in the
eastern part of the country. As a result, EPA required those upwind
States to revise their SIPs to include control measures that reduce
emissions of sulfur dioxide (SO2), which is a precursor to
PM2.5 formation, and/or nitrogen oxides (NOX),
which is a precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind
PM2.5 nonattainment, CAIR sets annual State-wide emission
reduction requirements (i.e., budgets) for SO2 and
NOX. Similarly, for jurisdictions that contribute
significantly to 8-hour ozone nonattainment, CAIR sets State-wide
emission budgets for NOX for the ozone season (May 1st to
September 30th). Under CAIR, States may implement these reduction
requirements by participating in the EPA-administered cap-and-trade
programs or by adopting any other control measures.
    The CAIR establishes requirements that must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport for ozone and
PM2.5. On May 25, 2005, EPA made national findings that the
States had failed to submit SIPs meeting the requirements of section
110(a)(2)(D). The SIPs were due in July 2000, three years after the
promulgation of the 8-hour ozone and PM2.5 NAAQS. These
findings started a two-year clock for EPA to promulgate a FIP to
address the requirements of section 110(a)(2)(D). Under CAA section
110(c)(1), EPA may issue a FIP anytime after such findings are made,
and must do so within two years unless EPA has approved a SIP revision
correcting the deficiency before the FIP is promulgated.
    On April 28, 2006, EPA promulgated FIPs for all States covered by
CAIR to ensure that the emissions reductions required by CAIR are
achieved on schedule. The CAIR FIPs require electric generating units
(EGUs) to participate in the EPA-administered CAIR SO2,
NOX annual, and NOX ozone season trading
programs, as appropriate. The CAIR FIP trading programs impose
essentially the same requirements as, and are integrated with, the
respective CAIR SIP trading programs. The integration of the FIP and
SIP trading programs means that these trading programs will work
together to create a single trading program for each regulated
pollutant (SO2, NOX annual, and NOX
ozone season) in all States covered by CAIR FIP or SIP trading programs
for that pollutant. Further, as provided in a rule published by EPA on
November 2, 2007 (72 FR 62338), a State's CAIR FIP is automatically
withdrawn when EPA approves a SIP revision as fully meeting the
requirements of CAIR. Where only portions of the SIP revision are
approved, the corresponding portions of the FIPs are automatically
withdrawn and the remaining portions of the FIP stay in place. Finally,
the CAIR FIPs also allow States to submit abbreviated SIP revisions
that, if approved by EPA, automatically replace or supplement

[[Page 41639]]

certain CAIR FIP provisions (e.g., the methodology for allocating
NOX allowances to sources in the State), while the CAIR FIP
remains in place for all other provisions.
    On October 19, 2007, EPA amended CAIR and the CAIR FIPs to clarify
the definition of ``cogeneration unit'' and, thus, the applicability of
the CAIR trading program to cogeneration units.
    EPA was sued by a number of parties on various aspects of CAIR, and
on July 11, 2008, the U.S. Court of Appeals for the District of
Columbia Circuit issued its decision to vacate and remand both CAIR and
the associated CAIR FIPs in their entirety. North Carolina v. EPA, 531
F.3d 836 (DC Cir. Jul. 11, 2008). However, in response to EPA's
petition for rehearing, the Court issued an order remanding CAIR to EPA
without vacating either CAIR or the CAIR FIPs. North Carolina v. EPA,
550 F.3d 1176 (DC Cir. Dec. 23, 2008). The Court thereby left CAIR in
place in order to ``temporarily preserve the environmental values
covered by CAIR'' until EPA replaces it with a rule consistent with the
Court's opinion. Id. at 1178. The Court directed EPA to ``remedy CAIR's
flaws'' consistent with its July 11, 2008, opinion, but declined to
impose a schedule on EPA for completing that action. Id. Therefore,
because EPA has not fully approved any CAIR SIP for Michigan, CAIR and
the CAIR FIP are currently in effect in Michigan.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR, which establishes State-wide emission budgets for
SO2 and NOX, is to be implemented in two phases.
The first phase of NOX reductions starts in 2009 and
continues through 2014, while the first phase of SO2
reductions starts in 2010 and continues through 2014. The second phase
of reductions for both NOX and SO2 starts in 2015
and continues thereafter. CAIR requires States to implement the budgets
by either: (1) Requiring EGUs to participate in the EPA-administered
cap-and-trade programs; or (2) adopting other control measures of the
State's choosing and demonstrating that such control measures will
result in compliance with the applicable State SO2 and
NOX budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model
rules that States must adopt (with certain limited changes, if desired)
if they want to participate in the EPA-administered trading programs.
    With two exceptions, only States that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPA-administered trading programs. One
exception is for States that adopt the opt-in provisions of the model
rules to allow non-EGUs individually to opt into the EPA-administered
trading programs. The other exception is for States that include all
non-EGUs from their NOX SIP Call trading programs into their
CAIR NOX ozone season trading programs.

IV. What Are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. EPA anticipates that
most States will choose to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA has provided two
approaches for submitting and obtaining approval for CAIR SIP
revisions. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP
revisions. These SIP revisions will not replace the CAIR FIPs; however,
the CAIR FIPs provide that, when approved, the provisions in these
abbreviated SIP revisions will be used instead of, or, if appropriate,
in conjunction with the corresponding provisions of the CAIR FIPs
(e.g., the NOX allowance allocation methodology).
    Michigan has submitted its CAIR SIP submittals as an abbreviated
CAIR SIP.

V. Analysis of Michigan's CAIR SIP Submittals

A. History of the July 16, 2007, Submittal

    EPA conditionally approved Michigan's July 16, 2007, submittal on
December 20, 2007 (72 FR 72256). Due to the uncertainty created by the
Court's decisions to vacate and then remand CAIR, Michigan was unable
to complete the rulemaking process and address the requirements of
EPA's conditional approval by the December 20, 2008, deadline, and the
conditional approval automatically converted to a disapproval on that
date. Therefore, we are providing the required notice that the July 16,
2007, submittal automatically converted to a disapproval without
further action by EPA because the December 20, 2008, deadline passed.
As provided in the conditional approval, we are publishing a notice
informing the public of the disapproval. On April 13, 2009, MDEQ
submitted a SIP revision addressing the issues from the December 20,
2007, conditional approval. However, because of the disapproval of the
July 16, 2007, submittal, in a letter dated May 7, 2009, Michigan
requested that EPA consider the July 16, 2007, submittal and the April
13, 2009, submittal together as fully meeting the CAIR requirements. At
the time Michigan submitted the April 13, 2009 SIP revision request,
the rule revisions were not completely adopted by the State; therefore,
MDEQ requested that EPA parallel process the submittal. On June 10,
2009, MDEQ submitted fully adopted rules for approval.

B. Analysis of the July 16, 2007, and June 10, 2009, Submittals

    The rationale for now approving Michigan's July 16, 2007, submittal
is the same as when we originally conditionally approved it. (Please
see the original proposal and final notices for the analysis of that
submittal, 72 FR 52038 and 72 FR 72256, respectively.)
    EPA identified several minor deficiencies in Michigan's July 16,
2007, rules. In the June 10, 2009, submittal, MDEQ corrects the
deficiencies identified by EPA, corrects other typographical errors,
and clarifies portions of the rule. These minor deficiencies and the
manner in which MDEQ corrected each deficiency are as follows:
    1. In the December 20, 2007, conditional approval, EPA stated ``in
rule 803(3), Michigan needs to add a definition for `commence
operation.' This definition, and the revised definition of `commence
commercial operation,' are necessary to take account of NOX
SIP Call units brought into the CAIR NOX ozone season
trading program that do not generate electricity for sale and to ensure
that they have appropriate deadlines for certification of monitoring
systems under 40 CFR Part 97.''
    Correction: MDEQ has added the definition of ``commence operation''
and has also revised the definition of ``commence commercial
operation.'' Both definitions now adopt by reference the definitions
found in 40 CFR 97.102 and 40 CFR 97.302. Adopting these definitions
ensures consistency with EPA definitions and addresses the deficiency.
    2. In the December 20, 2007, conditional approval, EPA stated ``in
rule 803(3)(c), Michigan needs to revise the definition for `commence
commercial operation,' as described in Condition 1, above.''
    Correction: Corrected as described above for deficiency 1.

[[Page 41640]]

    3. In the December 20, 2007, conditional approval, EPA stated ``in
rule 803(3)(d)(ii), Michigan needs to revise the definition of
`electric generating unit' or `EGU.' EPA interprets Michigan's current
rule 803 as properly including in the CAIR NOx ozone season trading
program all EGUs in Michigan that were subject to the NOx SIP Call
trading program. Michigan must revise the rule to clarify that all EGUs
in Michigan that were subject to the NOx SIP Call trading program are
included in the CAIR NOx ozone season trading program.''
    Correction: MDEQ has added language to clarify that all EGUs in
Michigan that were subject to the NOx SIP Call trading program are
included in the CAIR NOx ozone season trading program.
    4. In the December 20, 2007, conditional approval, EPA stated, ``in
rule 823(5)(c), Michigan needs to reference `subrule (1)(a), (b), (c),
and (d)' of the rule. While EPA interprets Michigan's current rule as
limiting the new unit set-aside allocations to the amount of allowances
in the set-aside, Michigan must revise this provision to clarify the
mechanism for implementing this limitation on such allocations.''
    Correction: MDEQ has changed this provision to correctly reference
subrule (1)(a), (b), (c) and (d) of the rule.
    MDEQ has made other changes that correct terminology and
typographical errors. MDEQ has also clarified language in parts of the
rule and in the submittal letter. These changes are in addition to the
changes required by EPA for approval but they do not significantly
alter the rule and are, therefore, also being approved.

VI. Disapproval Notice and Approval Action

    EPA is providing notice that Michigan's July 16, 2007, abbreviated
CAIR SIP submittal was automatically disapproved because MDEQ did not
meet the December 20, 2008, deadline to correct certain deficiencies.
This disapproval is inconsequential because EPA is approving both the
July 16, 2007 and the June 10, 2009, submittals, in combination, as
meeting the CAIR requirements. The June 10, 2009, submittal makes the
required changes to Michigan's CAIR SIP and also makes additional minor
changes to Michigan's CAIR rule that correct typographical errors and
that clarify Michigan's CAIR rule.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective October 19,
2009 without further notice unless we receive relevant adverse written
comments by September 17, 2009. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective October 19, 2009.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and would
impose no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule would not have
a significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because
this action approves pre-existing requirements under State law and
would not impose any additional enforceable duty beyond that required
by State law, it does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have Tribal implications because it would
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it would not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard and to amend the appropriate appendices
in the CAIR FIP trading rules to note that approval. It does not alter
the relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it would approve a State rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272, note) do not apply. This rule would not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects in 40 CFR Part 52

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

    Dated: August 4, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.


0
40 CFR part 52 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 X--Michigan

0
2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by revising entries in Part
8 ``R 336.1802a'', ``R 336.1803'', ``R 336.1821 through R

[[Page 41641]]

336.1826'', and ``R 336.1830 through 336.1834'' and adding entry ``R
336.1801'' in Part 8 to read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
       Michigan citation                  Title           effective date   EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
R 336.1801.....................  Emission of oxides of           5/28/09  8/18/09, [Insert
                                  nitrogen from non-sip                    page number where
                                  call stationary                          the document
                                  sources.                                 begins].
R 336.1802a....................  Adoption by reference..         5/28/09  8/18/09, [Insert
                                                                           page number where
                                                                           the document
                                                                           begins].
R 336.1803.....................  Definitions............         5/28/09  8/18/09, [Insert
                                                                           page number where
                                                                           the document
                                                                           begins].
R 336.1821.....................  CAIR NOX ozone and              5/28/09  8/18/09, [Insert
                                  annual trading                           page number where
                                  programs;                                the document
                                  applicability                            begins].
                                  determinations.
R 336.1822.....................  CAIR NOX ozone season           5/28/09  8/18/09, [Insert
                                  trading program;                         page number where
                                  allowance allocations.                   the document
                                                                           begins].
R 336.1823.....................  New EGUs, new non-EGUs,         5/28/09  8/18/09, [Insert
                                  and newly affected                       page number where
                                  EGUs under CAIR NOX                      the document
                                  ozone season trading                     begins].
                                  program; allowance
                                  allocations.
R 336.1824.....................  CAIR NOX ozone season           6/25/07  8/18/09, [Insert
                                  trading program;                         page number where
                                  hardship set-aside.                      the document
                                                                           begins].
R 336.1825.....................  CAIR NOX ozone season           6/25/07  8/18/09, [Insert
                                  trading program;                         page number where
                                  renewable set-aside.                     the document
                                                                           begins].
R 336.1826.....................  CAIR NOX ozone season           6/25/07  8/18/09, [Insert
                                  trading program; opt-                    page number where
                                  in provisions.                           the document
                                                                           begins].
R 336.1830.....................  CAIR NOX annual trading         5/28/09  8/18/09, [Insert
                                  program; allowance                       page number where
                                  allocations.                             the document
                                                                           begins].
R 336.1831.....................  New EGUs under CAIR NOX         5/28/09  8/18/09, [Insert
                                  annual trading                           page number where
                                  program; allowance                       the document
                                  allocations.                             begins].
R 336.1832.....................  CAIR NOX annual trading         5/28/09  8/18/09, [Insert
                                  program; hardship set-                   page number where
                                  aside.                                   the document
                                                                           begins].
R 336.1833.....................  CAIR NOX annual trading         5/28/09  8/18/09, [Insert
                                  program; compliance                      page number where
                                  supplement pool.                         the document
                                                                           begins].
R 336.1834.....................  Opt-in provisions under         6/25/07  8/18/09, [Insert
                                  the CAIR NOX annual                      page number where
                                  trading program.                         the document
                                                                           begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E9-19805 Filed 8-17-09; 8:45 am]

BILLING CODE 6560-50-P
