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CSAPR and NOx Budget Non-EGUs

Cross State Air Pollution Rule (CSAPR)

In 2011, U.S. EPA finalized the CSAPR to replace the Clean Air Interstate Rule (CAIR) and address power plant emissions that cross state lines and contribute to ozone and fine particle pollution in other states. In a separate, but related, regulatory action, U.S. EPA finalized a supplemental rulemaking on December 15, 2011, to require states to make summertime NOX reductions under the CSAPR ozone season control program. To speed implementation, U.S. EPA adopted FIPs for each of the states covered by CSAPR and encouraged states to submit SIPs. CSAPR includes several emissions trading programs that require affected EGUs to hold emission allowances sufficient to cover their emissions of NOX and/or SO2 for each compliance period.

As originally promulgated, compliance with CSAPR’s trading programs was scheduled to begin on January 1, 2012. However, on December 30, 2011, the D.C. Circuit stayed the rule. On October 23, 2014, the Court granted the U.S. EPA’s motion to lift the stay and toll the rule’s compliance deadlines by three years, allowing the first compliance period to begin on January 1, 2015. Due to tolling of compliance deadlines, U.S. EPA did not update the allocation spreadsheets provided with the original CSAPR rulemaking and retained the heat input years and historic emissions baseline provided in 2011.

CSAPR Annual SO2, Annual NOX, and Ozone Season NOX Trading Programs Allowance Allocations for Electric Generating Units (EGUs)

Indiana developed a SIP to administer the three trading programs under CSAPR and allocate allowances for affected electric generating units starting in 2021. The CSAPR Programs rulemaking revised Article 24 of the Indiana Administrative Code (IAC) to incorporate CSAPR requirements and repeal portions of CAIR. The final rule, 326 IAC 24 (LSA# 16-209) was adopted on November 24, 2017, SIP approved and published in the Federal Register on December 17, 2018.

The Revised CSAPR Update Rule Federal Implementation Plan was finalized on March 15, 2021, and published in the Federal Register on April 30, 2021. Under this Rule, the U.S. EPA now administers allowance allocations for the Ozone Season NOx Trading Program. Additional information related to the final rulemaking can be found at the U.S. EPA’s website on the Revised Cross-State Air Pollution Rule Update page. Therefore, Indiana now only administers the SIP for the annual NOx and SO2 trading programs.

CSAPR Annual SO2 and NOX Trading Programs Initial Allowance Allocations Timing

Allowance allocations are based on the following schedule in accordance with the CSAPR Programs rule:

Allowance Allocations Schedule
Submission Deadline Control Period Heat Input Years
2021 2025/2026 2013-2020
2023 2027/2028 2015-2022
2025 2029/2030 2017-2024
2027 2031/2032 2019-2026
Initial Allowance Allocations, submitted to U.S. EPA by June 1st, biennially.
CSAPR Annual SO2 and Annual NOx Trading Programs New Unit Set Aside (NUSA) Allowance Allocations Submitted to the U.S. EPA by July 1st
CSAPR 2nd Round of Annual SO2 and NOx Trading Programs Allowance Allocations for Existing Units from Unused NUSA, Submitted to U.S. EPA by February 6th.

NOX Emissions from Large Affected Units and Repeal of NOX Budget Trading Program

The large non-EGUs originally included in Indiana’s NOx Budget Trading Program at 326 IAC 10-4 (NBP) were moved as a group and are now regulated under 326 IAC 10-2. While CSAPR applies only to EGUs, U.S. EPA allowed an alternative for states to show continued compliance with the NOX SIP Call.  Indiana chose a streamlined demonstration to show that total ozone-season NOX emissions from large non-EGU boilers and combustion turbines in the state that were included in the NBP but will not be included on the Transport Rule ozone-season trading program, could not exceed the large non-EGU budget imposed by the NOX SIP Call even if these units were to operate every hour of the ozone season.

Non-EGU Budget Demonstration

To replace the NBP at 326 IAC 10-4 IDEM adopted NOX monitoring requirements into state rules for these units at 326 IAC 10-2 (LSA #15-414).

Notices

  • U.S. EPA granted full approval of Air Plan Approval; Indiana; Revisions to NOX SIP Call and CAIR Rules on July 24, 2020, effective August 24, 2020. (85 FR 44738 [PDF])
  • U.S. EPA granted full approval of the Indiana CSAPR SIP on December 17, 2018, effective December 17, 2018. (83 FR 64472 [PDF])
  • CSAPR - 326 IAC 24 (LSA #16-209 [PDF]) was adopted on November 24, 2017.

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