§ 51.124 Findings and requirements for submission of State implementation plan revisions relating to emissions of sulfur dioxide pursuant to the Clean Air Interstate Rule.
(a)
(1) Under section 110(a)(1) of the CAA, 42 U.S.C. 7410(a)(1), the Administrator determines that each State identified in paragraph (c) of this section must submit a SIP revision to comply with the requirements of section 110(a)(2)(D)(i)(I) of the CAA, 42 U.S.C. 7410(a)(2)(D)(i)(I), through the adoption of adequate provisions prohibiting sources and other activities from emitting SO2 in amounts that will contribute significantly to nonattainment in, or interfere with maintenance by, one or more other States with respect to the fine particles (PM2.5) NAAQS.
(2) Notwithstanding the other provisions of this section, such provisions are not applicable as they relate to the State of Minnesota as of December 3, 2009.
(b) For each State identified in paragraph (c) of this section, the SIP revision required under paragraph (a) of this section will contain adequate provisions, for purposes of complying with section 110(a)(2)(D)(i)(I) of the CAA, 42 U.S.C. 7410(a)(2)(D)(i)(I), only if the SIP revision contains control measures that assure compliance with the applicable requirements of this section.
(c) The following States are subject to the requirements of this section: Alabama, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and the District of Columbia.
(d)
(1) The SIP revision under paragraph (a) of this section must be submitted to EPA by no later than September 11, 2006.
(2) The requirements of appendix V to this part shall apply to the SIP revision under paragraph (a) of this section.
(3) The State shall deliver 5 copies of the SIP revision under paragraph (a) of this section to the appropriate Regional Office, with a letter giving notice of such action.
(e) The State's SIP revision shall contain control measures and demonstrate that they will result in compliance with the State's Annual EGU SO2 Budget, if applicable, and achieve the State's Annual Non-EGU SO2 Reduction Requirement, if applicable, for the appropriate periods. The amounts of the State's Annual EGU SO2 Budget and Annual Non-EGU SO2 Reduction Requirement shall be determined as follows:
(1)
(i) The Annual EGU SO2 Budget for the State is defined as the total amount of SO2 emissions from all EGUs in that State for a year, if the State meets the requirements of paragraph (a) of this section by imposing control measures, at least in part, on EGUs. If the State imposes control measures under this section on only EGUs, the Annual EGU SO2 Budget for the State shall not exceed the amount, during the indicated periods, specified in paragraph (e)(2) of this section.
(ii) The Annual Non-EGU SO2 Reduction Requirement, if applicable, is defined as the total amount of SO2 emission reductions that the State demonstrates, in accordance with paragraph (g) of this section, it will achieve from non-EGUs during the appropriate period. If the State meets the requirements of paragraph (a) of this section by imposing control measures on only non-EGUs, then the State's Annual Non-EGU SO2 Reduction Requirement shall equal or exceed, during the appropriate periods, the amount determined in accordance with paragraph (e)(3) of this section.
(iii) If a State meets the requirements of paragraph (a) of this section by imposing control measures on both EGUs and non-EGUs, then:
(A) The Annual Non-EGU SO2 Reduction Requirement shall equal or exceed the difference between the amount specified in paragraph (e)(2) of this section for the appropriate period and the amount of the State's Annual EGU SO2 Budget specified in the SIP revision for the appropriate period; and
(B) The Annual EGU SO2 Budget shall not exceed, during the indicated periods, the amount specified in paragraph (e)(2) of this section plus the amount of the Annual Non-EGU SO2 Reduction Requirement under paragraph (e)(1)(iii)(A) of this section for the appropriate period.
(2) For a State that complies with the requirements of paragraph (a) of this section by imposing control measures on only EGUs, the amount of the Annual EGU SO2 Budget, in tons of SO2 per year, shall be as follows, for the indicated State for the indicated period:
| State | Annual EGU SO2 budget for 2010–2014 (tons) | Annual EGU SO2 budget for 2015 and thereafter (tons) |
|---|---|---|
| Alabama | 157,582 | 110,307 |
| Delaware | 22,411 | 15,687 |
| District of Columbia | 708 | 495 |
| Florida | 253,450 | 177,415 |
| Georgia | 213,057 | 149,140 |
| Illinois | 192,671 | 134,869 |
| Indiana | 254,599 | 178,219 |
| Iowa | 64,095 | 44,866 |
| Kentucky | 188,773 | 132,141 |
| Louisiana | 59,948 | 41,963 |
| Maryland | 70,697 | 49,488 |
| Michigan | 178,605 | 125,024 |
| Minnesota | 49,987 | 34,991 |
| Mississippi | 33,763 | 23,634 |
| Missouri | 137,214 | 96,050 |
| New Jersey | 32,392 | 22,674 |
| New York | 135,139 | 94,597 |
| North Carolina | 137,342 | 96,139 |
| Ohio | 333,520 | 233,464 |
| Pennsylvania | 275,990 | 193,193 |
| South Carolina | 57,271 | 40,089 |
| Tennessee | 137,216 | 96,051 |
| Texas | 320,946 | 224,662 |
| Virginia | 63,478 | 44,435 |
| West Virginia | 215,881 | 151,117 |
| Wisconsin | 87,264 | 61,085 |
(3) For a State that complies with the requirements of paragraph (a) of this section by imposing control measures on only non-EGUs, the amount of the Annual Non-EGU SO2 Reduction Requirement, in tons of SO2 per year, shall be determined, for the State for 2010 and thereafter, by subtracting the amount of the State's Annual EGU SO2 Budget for the appropriate year, specified in paragraph (e)(2) of this section, from an amount equal to 2 times the State's Annual EGU SO2 Budget for 2010 through 2014, specified in paragraph (e)(2) of this section.
(f) Each SIP revision must set forth control measures to meet the amounts specified in paragraph (e) of this section, as applicable, including the following:
(1) A description of enforcement methods including, but not limited to:
(i) Procedures for monitoring compliance with each of the selected control measures;
(ii) Procedures for handling violations; and
(iii) A designation of agency responsibility for enforcement of implementation.
(2)
(i) If a State elects to impose control measures on EGUs, then those measures must impose an annual SO2 mass emissions cap on all such sources in the State.
(ii) If a State elects to impose control measures on fossil fuel-fired non-EGUs that are boilers or combustion turbines with a maximum design heat input greater than 250 mmBtu/hr, then those measures must impose an annual SO2 mass emissions cap on all such sources in the State.
(iii) If a State elects to impose control measures on non-EGUs other than those described in paragraph (f)(2)(ii) of this section, then those measures must impose an annual SO2 mass emissions cap on all such sources in the State, or the State must demonstrate why such emissions cap is not practicable, and adopt alternative requirements that ensure that the State will comply with its requirements under paragraph (e) of this section, as applicable, in 2010 and subsequent years.
(g)
(1) Each SIP revision that contains control measures covering non-EGUs as part or all of a State's obligation in meeting its requirement under paragraph (a) of this section must demonstrate that such control measures are adequate to provide for the timely compliance with the State's Annual Non-EGU SO2 Reduction Requirement under paragraph (e) of this section and are not adopted or implemented by the State, as of May 12, 2005, and are not adopted or implemented by the federal government, as of the date of submission of the SIP revision by the State to EPA.