326 IAC 24-5-1 - Applicability and incorporation by reference

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 NO_x annual units and CSAPR NO_x annual sources as specified in 40 CFR 97.404 *, as amended by 81 FR 74605, that are located in Indiana.

(b) The definitions in IC 13-11-2, 326 IAC 1, and 40 CFR 97.402 *, as amended by 84 FR 74604, apply throughout this rule. For purposes of this rule, the definition for a term provided in 40 CFR 97.402 controls in any conflict between 326 IAC 1 and 40 CFR 97.402.

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

(1) The CSAPR NO_x Annual Trading Program at:

(A) 40 CFR 97.402 * through 40 CFR 97.408 *, as amended by 81 FR 74604;

(B) 40 CFR 97.411(c)(1) * through 40 CFR 97.411(c)(4) *, as amended by 81 FR 74606;

(C) 40 CFR 97.411(c)(5)(i) * and 40 CFR 97.411(c)(5)(ii) *, as amended by 81 FR 74606;

(D) 40 CFR 97.413 * through 40 CFR 97.420 *, as amended by 81 FR 74606;

(E) 40 CFR 97.421(e) * through 40 CFR 97.421(g) *, as amended by 81 FR 74606;

(F) 40 CFR 97.421(i) *, as amended by 81 FR 74606;

(G) 40 CFR 97.421(k) * and 40 CFR 97.421(l) *, as amended by 81 FR 74606; and

(H) 40 CFR 97.422 * through 40 CFR 97.435 *, as amended by 81 FR 74607.

(2) The Indiana NO_x annual variability limit at 40 CFR 97.410(b)(4) *, as amended by 81 FR 74606.

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

(1) As it appears in 40 CFR 97.402 and 40 CFR 97.406(c)(2)(iii), substitute the following:

(A) Delete "§ 97.410(a)" and insert " 40 CFR 97.410(a)(4)(iv) ".

(B) Delete "§ 97.410(b)" and insert " 40 CFR 97.410(b)(4) ".

(2) As it appears in 40 CFR 97.402, delete "§ § 97.411 and 97.412" and insert " 326 IAC 24-5-5, 326 IAC 24-5-6, and 326 IAC 24-5-7 ".

(3) As it appears in 40 CFR 97.406(b)(2), delete "§ 97.411(a)(2) and (b) and 97.412" and insert " 326 IAC 24-5-5, 326 IAC 24-5-6, and 326 IAC 24-5-7 ".

*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.

Notes

326 IAC 24-5-1

Filed 10/25/2017, 1:02 p.m.: 20171122-IR-326160209FRA