On August 7, 2009 [74 Fed. Reg. 39592] the US EPA proposed approval of NC’s Clean Air Interstate Rules (CAIR) into the NC State Implementation Plan (SIP). The 2009 ozone season NOx accounts of non-electric generating utility boilers in North Carolina that have not been populated will be populated upon final approval of the rule.

In February 2009, the EPA removed the 2009 NOx Ozone Season allocations from the Clean Air Market Division (CAMD) accounts of non-electric generating utility boilers in North Carolina pending review and approval by the EPA of North Carolina’s Clean Air Interstate Rule (CAIR) State Implementation Plan (SIP) for NOx. EPA said that if everything with the proposal goes smoothly, the final approval should be published in approximately 6 weeks.
EPA also said that it recognizes that the final approval may be near the end of the ozone season (as defined in CAIR), but noted that the accounts will be populated by the
“allowance transfer deadline” as defined in 40 CFR 96.302.

The deadline is November 30 for the CAIR ozone season control period, so they do not anticipate the timing of the accounts being populated to cause any issues.

EPA is taking comments on the proposal until September 8, 2009. The August 7, 2009 Federal Register notice is available online at: http://www.epa.gov/fedrgstr/EPA-AIR/2009/August/Day-07/a18999.htm