Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 4-22-9-5; IC 13-11-2; IC 13-15; IC 13-17

Sec. 1. (a) This rule applies to CSAPR NOx Ozone Season Group 2 units and CSAPR NOx Ozone Season Group 2 sources as specified in 40 CFR 97.804*, as added by 81 FR 74627, that are located in Indiana.

(b) The definitions in IC 13-11-2, 326 IAC 1, and 40 CFR 97.802*, as added by 81 FR 74622, apply throughout this rule. For purposes of this rule, the definition for a term provided in 40 CFR 97.802 controls in any conflict between 326 IAC 1 and 40 CFR 97.802.

(c) The following federal provisions are incorporated by reference:

1. (1) The CSAPR NOx Ozone Season Group 2 Trading Program at:

   1. (A) 40 CFR 97.802* through 40 CFR 97.808*, as added by 81 FR 74622;
   2. (B) 40 CFR 97.811(c)(1)* through 40 CFR 97.811(c)(4)*, as added by 81 FR 74633;
   3. (C) 40 CFR 97.811(c)(5)(i)* and 40 CFR 97.811(c)(5)(ii)*, as added by 81 FR 74633;
   4. (D) 40 CFR 97.813* through CFR 97.820*, as added by 81 FR 74637;
   5. (E) 40 CFR 97.821(d)* through 40 CFR 97.411(g)*, as added by 81 FR 74642;
   6. (F) 40 CFR 97.821(i)*, as added by 81 FR 74642;
   7. (G) 40 CFR 97.821(k)* and 40 CFR 97.821(l)*, as added by 81 FR 74643; and
   8. (H) 40 CFR 97.822* through 40 CFR 97.835*, as added by 81 FR 74643.
2. (2) The Indiana NOx ozone season group 2 variability limit at 40 CFR 97.810(b)(5)*, as added by 81 FR 74631.

(d) The following are substitutions to 40 CFR as incorporated into this rule:

1. (1) As it appears in 40 CFR 97.802 and 40 CFR 97.806(c)(2)(iii), substitute the following:

   1. (A) Delete "§ 97.810(a)" and insert "40 CFR 97.810(a)(5)(i)".
   2. (B) Delete "§ 97.810(b)" and insert "40 CFR 97.810(b)(5)".
2. (2) As it appears in 40 CFR 97.802, delete "§ § 97.811 and 97.812" and insert " 326 IAC 24-6-5, 326 IAC 24-6-6, and 326 IAC 24-6-7".
3. (3) As it appears in 40 CFR 97.806(b)(2), delete "§ § 97.811(a)(2) and (b) and 97.812" and insert " 326 IAC 24-6- 5, 326 IAC 24-6-6, and 326 IAC 24-6-7".

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.

(Air Pollution Control Division; 326 IAC 24-6-1; filed Oct 25, 2017, 1:02 p.m.: 20171122-IR-326160209FRA; errata filed Jun 12, 2018, 10:06 a.m.: 20180627-IR- 326180268ACA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)