Acid Rain

acid-rain
TitlePublishedFR Doc.Description
TitlePublishedFR Doc.Description
Environmental Protection Agency -- Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS2016-Oct-262016-22240The Environmental Protection Agency (EPA) published the original Cross-State Air Pollution Rule (original CSAPR) on August 8, 2011, to address interstate transport of ozone pollution under the 1997 ozone National Ambient Air Quality Standards (NAAQS) and interstate transport of fine particulate matter (PM<INF>2.5</INF>) pollution under the 1997 and 2006 PM<INF>2.5</INF> NAAQS. The EPA is finalizing this Cross-State Air Pollution Rule Update (CSAPR Update) to address interstate transport of ozone pollution with respect to the 2008 ozone NAAQS. This final rule will benefit human health and welfare by reducing ground-level ozone pollution. In particular, it will reduce ozone season emissions of oxides of nitrogen (NO<INF>X</INF>) in 22 eastern states that can be transported downwind as NO<INF>X</INF> or, after transformation in the atmosphere, as ozone, and can negatively affect air quality and public health in downwind areas. For these 22 eastern states, the EPA is issuing Federal Implementation Plans (FIPs) that generally provide updated CSAPR NO<INF>X</INF> ozone season emission budgets for the electric generating units (EGUs) within these states, and that implement these budgets via modifications to the CSAPR NO<INF>X</INF> ozone season allowance trading program that was established under the original CSAPR. The EPA is finalizing these new or revised FIP requirements only for certain states that have failed to submit an approvable State Implementation Plan (SIP) addressing interstate emission transport for the 2008 ozone NAAQS. The FIPs require affected EGUs in each covered state to reduce emissions to comply with program requirements beginning with the 2017 ozone season (May 1 through September 30). This final rule partially addresses the EPA's obligation under the Clean Air Act to promulgate FIPs to address interstate emission transport for the 2008 ozone NAAQS. In conjunction with other federal and state actions to reduce ozone pollution, these requirements will assist downwind states in the eastern United States with attaining and maintaining the 2008 ozone NAAQS. This CSAPR Update also is intended to address the July 28, 2015 remand by the United States Court of Appeals for the District of Columbia Circuit of certain states' original CSAPR phase 2 ozone season NO<INF>X</INF> emission budgets. In addition, this rule updates the status of certain states' outstanding interstate ozone transport obligations with respect to the 1997 ozone NAAQS, for which the original CSAPR provided a partial remedy.
Environmental Protection Agency -- Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing; Corrections2011-Aug-122011-20451EPA is taking direct final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing final rule, which was published in the Federal Register of March 28, 2011 (76 FR 17288). The final rule also made a number of other changes to the regulations. After the final rule was published, it was brought to our attention that there are some incorrect and incomplete statements in the preamble, some potentially confusing statements in a paragraph of the rule text, and the title of Appendix D to Part 75 was inadvertently changed and is incorrect.
Environmental Protection Agency -- Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals2011-Aug-082011-17600In this action, EPA is limiting the interstate transport of emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) that contribute to harmful levels of fine particle matter (PM<INF>2.5</INF>) and ozone in downwind states. EPA is identifying emissions within 27 states in the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. Also, EPA is limiting these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units (EGUs) in the 27 states. This action will substantially reduce adverse air quality impacts in downwind states from emissions transported across state lines. In conjunction with other federal and state actions, it will help assure that all but a handful of areas in the eastern part of the country achieve compliance with the current ozone and PM<INF>2.5</INF> NAAQS by the deadlines established in the Clean Air Act (CAA or Act). The FIPs may not fully eliminate the prohibited emissions from certain states with respect to the 1997 ozone NAAQS for two remaining downwind areas and EPA is committed to identifying any additional required upwind emission reductions and taking any necessary action in a future rulemaking. In this action, EPA is also modifying its prior approvals of certain State Implementation Plan (SIP) submissions to rescind any statements that the submissions in question satisfy the interstate transport requirements of the CAA or that EPA's approval of the SIPs affects our authority to issue interstate transport FIPs with respect to the 1997 fine particulate and 1997 ozone standards for 22 states. EPA is also issuing a supplemental proposal to request comment on its conclusion that six additional states significantly affect downwind states' ability to attain and maintain compliance with the 1997 ozone NAAQS.
Environmental Protection Agency -- Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing2011-Mar-282011-6216EPA is finalizing rule revisions that modify existing requirements for sources affected by the federally administered emission trading programs including the NO<INF>X</INF> Budget Trading Program, the Acid Rain Program, and the Clean Air Interstate Rule. EPA is amending its Protocol Gas Verification Program (PGVP) and the minimum competency requirements for air emission testing (formerly air emission testing body requirements) to improve the accuracy of emissions data. EPA is also amending other sections of the Acid Rain Program continuous emission monitoring system regulations by adding and clarifying certain recordkeeping and reporting requirements, removing the provisions pertaining to mercury monitoring and reporting, removing certain requirements associated with a class-approved alternative monitoring system, disallowing the use of a particular quality assurance option in EPA Reference Method 7E, adding two incorporation by references that were inadvertently left out of the January 24, 2008 final rule, adding two new definitions, revising certain compliance dates, and clarifying the language and applicability of certain provisions.
Environmental Protection Agency -- Mandatory Reporting of Greenhouse Gases: Injection and Geologic Sequestration of Carbon Dioxide2010-Dec-012010-29934EPA is promulgating a regulation to require greenhouse gas monitoring and reporting from facilities that conduct geologic sequestration of carbon dioxide and all other facilities that conduct injection of carbon dioxide. This rule does not require control of greenhouse gases, rather it requires only monitoring and reporting of greenhouse gases.
Environmental Protection Agency -- Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Correction2010-Sep-142010-22851The preamble to the proposed Transport Rule contains minor, technical errors that EPA is correcting in this action. In the portion of the preamble discussing in detail the proposed trading programs, EPA states clearly that it is proposing provisions that allow units to opt into these trading programs. Moreover, the proposed rule text for the Transport Rule includes detailed opt-in provisions for each proposed trading program. However, two sentences in other portions of the Transport Rule preamble erroneously state that the proposed trading programs do not allow units to opt in. In this proposed rule, EPA is correcting these technical errors.
Environmental Protection Agency -- Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone2010-Aug-022010-17007EPA is proposing to limit the interstate transport of emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>). In this action, EPA is proposing to both identify and limit emissions within 32 states in the eastern United States that affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. EPA is proposing to limit these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units (EGUs) in the 32 states. This action will substantially reduce the impact of transported emissions on downwind states. In conjunction with other federal and state actions, it helps assure that all but a handful of areas in the eastern part of the country will be in compliance with the current ozone and PM<INF>2.5</INF> NAAQS by 2014 or earlier. To the extent the proposed FIPs do not fully address all significant transport, EPA is committed to assuring that any additional reductions needed are addressed quickly. EPA takes comments on ways this proposal could achieve additional NO<INF>X</INF> reductions and additional actions including other rulemakings that EPA could undertake to achieve any additional reductions needed.
Environmental Protection Agency -- Amendments to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing2010-Jun-112010-10955Recent EPA gas audit results indicate that some gas cylinders used to calibrate continuous emission monitoring systems on stationary sources do not meet EPA's performance specification. Reviews of stack test reports in recent years indicate that some stack testers do not properly follow EPA test methods or do not correctly calculate test method results. Therefore, EPA is proposing to amend its Protocol Gas Verification Program (PGVP) and the minimum competency requirements for air emission testing (formerly air emission testing body requirements) to improve the accuracy of emissions data. EPA is also proposing to amend other sections of the Acid Rain Program continuous emission monitoring system regulations by adding and clarifying certain recordkeeping and reporting requirements, removing the provisions pertaining to mercury monitoring and reporting, removing certain requirements associated with a class-approved alternative monitoring system, disallowing the use of a particular quality assurance option in EPA Reference Method 7E, adding an incorporation by reference that was inadvertently left out of the January 24, 2008 final rule, and clarifying the language and applicability of certain provisions.
Environmental Protection Agency -- Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules2009-Jun-129-13860In this action, EPA is reaffirming the promulgation of certain revisions of the Acid Rain Program rules. These revisions have been in effect since mid-2006. Most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO<INF>2</INF>) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the final Federal Implementation Plans for CAIR (CAIR FIPs). On July 11, 2008, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating and remanding CAIR and the CAIR FIPs. On December 23, 2008, in response to petitions for rehearing, the Court modified its July 11, 2008 decision and remanded CAIR and the CAIR FIPs but without a vacatur. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is treating the Court's remand as covering these revisions and, in response to the remand, is finalizing the rule reaffirming--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions on their merits and in order to remove any uncertainty about their regulatory status. With this action, the existing Acid Rain regulations continue in effect, and the Acid Rain Program continues to operate, unchanged and uninterrupted.
Environmental Protection Agency -- Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules2009-Mar-269-6764Because EPA received an adverse comment, EPA is withdrawing the direct final rule for ``Rulemaking to Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules,'' which was published in the Federal Register on December 15, 2008.
Environmental Protection Agency -- Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules2008-Dec-158-29386EPA is proposing to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of the program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO<INF>2</INF>) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the final Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is proposing to reaffirm--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in order to remove any uncertainty about their regulatory status because they have been in effect since mid-2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program.
Environmental Protection Agency -- Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules2008-Dec-158-29382EPA is taking interim final action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO<INF>2</INF>) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid- 2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program.
Environmental Protection Agency -- Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules2008-Dec-158-29389EPA is taking direct final action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost- effective reductions in sulfur dioxide (SO<INF>2</INF>) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming-- pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in this direct final rule in order to remove any uncertainty about their legal status because they have been in effect since mid-2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program.
Environmental Protection Agency -- Stay of the Effectiveness of Requirements for Air Emission Testing Bodies2008-Nov-048-26264EPA is taking final action to stay the effectiveness of requirements for air emission testing bodies. On January 24, 2008, final amendments to regulations on competency requirements for air emission testing bodies (AETBs) were published in the Federal Register. The AETB provision generally requires stack testers and stack testing companies to meet certain minimum competency requirements described in ASTM D 7036 by January 1, 2009. On March 25, 2008, the Utility Air Regulatory Group (UARG) filed a Petition for Review primarily claiming that EPA could not by the AETB requirement hold utilities responsible for something they cannot control. While EPA is considering revisions to the requirements to address UARG's concerns, it cannot propose and complete any such revision through notice and comment rulemaking before the compliance date contained in the existing rule, thus necessitating this action. EPA needs to complete this action staying effectiveness of the AETB requirements in order to secure an extension of an Order Granting Abeyance of Further Proceedings which expires on October 29, 2008, when the Agency must file Motions to Govern Further Proceedings.
Environmental Protection Agency -- Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program, NOX2008-Jan-247-25071EPA is finalizing rule revisions that modify existing requirements for sources affected by the federally administered emission trading programs including the NO<INF>X</INF> Budget Trading Program, the Acid Rain Program, the Clean Air Interstate Rule, and the Clean Air Mercury Rule. The revisions are prompted primarily by changes being implemented by EPA's Clean Air Markets Division in its data systems in order to utilize the latest modern technology for the submittal of data by affected sources. Other revisions address issues that have been raised during program implementation, fix specific inconsistencies in rule provisions, or update sources incorporated by reference. These revisions do not impose significant new requirements upon sources with regard to monitoring or quality assurance activities.
Environmental Protection Agency -- Revisions to Definition of Cogeneration Unit in Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans, Clean Air Mercury Rule (CAMR); and Technical Corrections to CAIR, CAIR FIPs, CAMR, and Acid Rain Program Rules2007-Oct-197-20447The Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans (FIPs), and Clean Air Mercury Rule (CAMR) each include an exemption for cogeneration units that meet certain criteria. In light of information concerning biomass-fired cogeneration units that may not qualify for the exemption due to their particular combination of fuel and technical design characteristics, EPA is changing the cogeneration unit definition in CAIR, the CAIR model cap- and-trade rules, the CAIR FIPs, CAMR, and the CAMR model cap-and-trade rule. Specifically, EPA is revising the calculation methodology for the efficiency standard in the cogeneration unit definition to exclude energy input from biomass making it more likely that units co-firing biomass will be able to meet the efficiency standard and qualify for exemption. Because this change will only affect a small number of relatively low emitting units, it will have little effect on the projected emissions reductions and the environmental benefits of these rules. If EPA finalizes the proposed CAMR Federal Plan, it intends to make the definitions in that rule conform to the CAMR model cap-and- trade rule and thus, with today's action. This action also clarifies the term ``total energy input'' used in the efficiency calculation and makes minor technical corrections to CAIR, the CAIR FIPs, CAMR, and the Acid Rain Program rules.
Environmental Protection Agency -- Petition for Reconsideration and Proposal for Withdrawal of Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate Transport2007-Jun-087-11036In this action, we are requesting comments on EPA's response to a Petition for Reconsideration regarding a final rule we issued under Section 110 of the Clean Air Act (CAA) related to the interstate transport of nitrogen oxides (NO<INF>X</INF>). On April 21, 2004, we issued a final rule (Phase II NO<INF>X</INF> SIP Call Rule) that required the State of Georgia to submit revisions to its State Implementation Plan (SIP) that prohibit specified amounts of NO<INF>X</INF> emissions--one of the precursors to ozone (smog) pollution--for the purposes of reducing NO<INF>X</INF> and ozone transport across State boundaries in the eastern half of the United States. This rule became effective on June 21, 2004. Subsequently, the Georgia Coalition for Sound Environmental Policy (GCSEP or Petitioners) filed a Petition for Reconsideration requesting that EPA reconsider the applicability of the NO<INF>X</INF> SIP Call Rule to the State of Georgia. In response to this Petition, and based upon review of additional available information, EPA is proposing to remove Georgia from the NO<INF>X</INF> SIP call region. Specifically, EPA proposes to rescind the applicability of the requirements of the Phase II NO<INF>X</INF> SIP Call Rule to the State of Georgia, only.
Environmental Protection Agency -- Revisions to Definition of Cogeneration Unit in Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plan, Clean Air Mercury Rule (CAMR), and CAMR Proposed Federal Plan; Revision to National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters; and Technical Corrections to CAIR and Acid Rain Program Rules2007-Apr-257-7536In 2005, EPA finalized the Clean Air Interstate Rule (CAIR) to address emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) and the Clean Air Mercury Rule (CAMR) to establish standards of performance for mercury (Hg) for coal-fired electric utility steam generating units. Both CAIR and CAMR include model cap-and-trade rules that states may adopt to meet the applicable requirements. In 2006, EPA finalized the Federal Implementation Plan (FIP) for CAIR and also proposed a Federal Plan for CAMR. All four rules include an exemption for certain cogeneration units. To qualify for this exemption, a unit must, among other things, meet an efficiency standard included in the cogeneration unit definition. Today, in light of information concerning existing biomass-fired cogeneration units that may not qualify for the exemption, EPA is proposing a change in the cogeneration unit definition in CAIR, the CAIR model cap-and-trade rules, the CAIR FIP, CAMR, and the CAMR model cap-and-trade rule, and the proposed CAMR Federal Plan. Specifically, EPA is proposing to revise the efficiency standard in the cogeneration unit definition so that the standard would apply, with regard to certain units, only to the fossil fuel portion of a unit's energy input. This change to the CAIR model cap-and-trade rules, CAIR FIP, CAMR, and proposed CAMR Federal Plan would likely make it possible for some additional units to qualify for the cogeneration unit exemption in these rules. Because it would only affect a small number of relatively low emitting units, this would have little effect on the projected emissions reductions and the environmental benefits of these rules. EPA is also considering revisions to the definition of ``total energy input,'' a term used in the efficiency standard. This action also proposes minor technical corrections to CAIR and the Acid Rain Program rules. Finally, this action proposes minor revisions to National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (``boiler MACT'').
Environmental Protection Agency -- Revisions of Standards of Performance for New and Existing Stationary Sources; Electric Utility Steam Generating Units; Federal Plan Requirements for Clean Air Mercury Rule; and Revisions of Acid Rain Program Rules2006-Dec-226-21573In this action, EPA proposes a Federal Plan to implement Clean Air Act (CAA) section 111 mercury (Hg) standards of performance for new and existing coal-fired electric utility steam generating units (Utility Unit or EGU) located in States or Indian Country covered by the Clean Air Mercury Rule (CAMR) which do not have EPA approved and currently effective State plans. The EPA will not take final action on the proposed Federal Plan until EPA either finds that a State has failed to timely submit a plan or disapproves a submitted plan. Any final Federal Plan is expected to serve primarily to temporarily fill a regulatory gap in circumstances where either a State fails to timely submit a plan or EPA disapproves a submitted plan as, in either case, States will be free to submit an approvable plan after promulgation of the Federal Plan and upon approval of the State Plan by EPA, the Federal Plan will no longer apply to coal-fired Utility Units covered by the State Plan. This action also proposes certain revisions to both the CAMR State Plan model cap-and-trade rule (in order to make it compatible with the Federal Plan cap-and-trade rule and to make technical corrections) and the Acid Rain Program regulations (in order to simplify the provision concerning alternate designated representatives and to make the administrative appeals process applicable to the decisions of the Administrator under the State Plan and Federal Plan cap-and-trade rules).
Environmental Protection Agency -- Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program, NOX2006-Aug-2206-6819EPA is proposing rule revisions that would modify existing requirements for sources affected by the federally administered emission trading programs including the NO<INF>X</INF> Budget Trading Program, the Acid Rain Program, the Clean Air Interstate Rule, and the Clean Air Mercury Rule. The proposed revisions are prompted primarily by changes being implemented by EPA's Clean Air Markets Division in its data systems in order to utilize the latest modern technology for the submittal of data by affected sources. Other revisions address issues that have been raised during program implementation, fix specific inconsistencies in rule provisions, or update sources incorporated by reference. These revisions would not impose significant new requirements upon sources with regard to monitoring or quality assurance activities.
Environmental Protection Agency -- Rulemaking on Section 126 Petition From North Carolina To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Revisions to the Clean Air Interstate Rule; Revisions to the Acid Rain Program2006-Apr-2806-2692Today, EPA is taking actions to address the interstate transport of emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) that contribute significantly to nonattainment and maintenance problems with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>) and 8-hour ozone. As one part of today's action, EPA is providing its final response to a petition submitted to EPA by the State of North Carolina under section 126 of the Clean Air Act (CAA). The petition requests that EPA find that SO<INF>2</INF> and/or NO<INF>X</INF> emissions from electric generating units (EGUs) in 13 States are significantly contributing to PM<INF>2.5</INF> and/or 8-hour ozone nonattainment and maintenance problems in North Carolina, and requested that EPA establish control requirements to prohibit such significant contribution. The EPA is denying the petition because, in today's action, EPA is promulgating Federal implementation plans (FIPs) for all jurisdictions covered by the Clean Air Interstate Rule (CAIR) to address interstate transport. The FIPs will regulate EGUs in the affected States and achieve the emissions reductions requirements established by the CAIR until States have approved State implementation plans (SIPs) to achieve the reductions. As the control requirement for the FIPs, EPA is adopting the model trading rules that EPA provided in CAIR as a control option for States, with minor changes to account for Federal rather than State implementation. Today's action also revises CAIR SIP model trading rules in order to address the interaction between the EPA-administered CAIR FIP trading programs being promulgated today and the EPA-administered CAIR State trading programs that will be created by any State that elects to submit a SIP establishing such a trading program to meet the requirements of the CAIR. In addition, EPA is taking final action on our reconsideration of the definition of ``EGU'' as it relates to solid waste incinerators. Today's action also makes revisions to the Acid Rain Program in order to make the administrative appeals procedures, which currently apply to final determinations by the Administrator under the EPA- administered CAIR State trading programs, also apply to the EPA- administered trading programs under the FIP action. In addition, we are making certain minor revisions to the Acid Rain Program that will apply to all affected units.
Environmental Protection Agency -- Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units2005-Aug-3005-16927This action corrects and clarifies certain text of the final rule entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units.'' The final rule was published in the Federal Register on May 18, 2005 (70 FR 28606). This action corrects certain section designations set forth in the final rule at 70 FR 28652. In addition, this action corrects certain revisions set forth in the final rule at 70 FR 28678. These corrections do not affect the substance of the action, nor do they change the rights or obligations of any party. Rather, this action merely corrects certain section designations to eliminate duplication with other rules. Thus, it is proper to issue these final rule corrections without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).
Environmental Protection Agency -- Rulemaking on Section 126 Petition From North Carolina To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Revisions to the Clean Air Interstate Rule; Revisions to the Acid Rain Program2005-Aug-2405-15529Today, EPA is proposing actions to address the interstate transport of emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) that contribute significantly to nonattainment and maintenance problems with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>) and 8-hour ozone. As one part of today's action, EPA is proposing its response to a petition submitted to EPA by the State of North Carolina under section 126 of the Clean Air Act (CAA). The petition requests that EPA find that SO<INF>2</INF> and/or NO<INF>X</INF> emissions from electric generating units (EGUs) in 13 States are significantly contributing to PM<INF>2.5</INF> and/or 8-hour ozone nonattainment and maintenance problems in North Carolina, and requests that EPA establish control requirements to prohibit such significant contribution. The EPA's proposed response is based on extensive analyses conducted for the recently issued Clean Air Interstate Rule (CAIR). The EPA is proposing to deny the petition for sources in States not shown to be linked to nonattainment and maintenance problems in North Carolina under the CAIR. For sources in States that are linked to North Carolina under the CAIR, EPA is proposing in the alternative to deny the petition if EPA promulgates Federal implementation plans (FIPs) to address the interstate transport no later than the final section 126 response or to grant the petition if EPA does not promulgate the FIPs prior to or concurrently with the section 126 response. The EPA's preferred option is to promulgate the FIP concurrently with the final section 126 response. In today's action, EPA is also proposing FIPs for all jurisdictions that are covered by the CAIR. The FIPs would regulate EGUs in the affected States and achieve the emissions reductions requirements established by the CAIR until States have approved State implementation plans (SIPs) to achieve the reductions. The EPA intends the FIP to satisfy the concerns cited in the section 126 petition and provide a Federal backstop for the CAIR. In no way should the FIP for CAIR be viewed as a sign of any concern about States meeting the SIP responsibilities under CAIR. As the control requirements for both the section 126 action and the FIP, EPA is proposing Federal NO<INF>X</INF> and SO<INF>2</INF> trading programs that provide emissions reductions equal to those required under the CAIR in affected States. The Section 126 and FIP actions would not constrain States in their selection of control strategies to meet the CAIR. The EPA intends to withdraw section 126 or FIP requirements in a State if that State submits and EPA approves a SIP meeting the requirements of CAIR. Today's action also proposes revisions to the CAIR in order to address the interaction between the EPA-administered Federal CAIR trading programs proposed today and the EPA-administered State CAIR trading programs that will be created by any State that elects to submit a SIP establishing such a trading program to meet the requirements of the CAIR. In addition, EPA is proposing revisions to the CAIR to correct certain minor errors. Today's action also proposes revisions to the Acid Rain Program in order to make the administrative appeals procedures, which currently apply to final determinations by the Administrator under the EPA- administered State CAIR trading programs, also apply to the EPA- administered trading programs under the section 126 and FIP actions. In addition, we are proposing certain minor revisions to the Acid Rain Program that would apply to all affected units.
Environmental Protection Agency -- Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units2005-May-1805-8447In this document, EPA is finalizing the Clean Air Mercury Rule (CAMR) and establishing standards of performance for mercury (Hg) for new and existing coal-fired electric utility steam generating units (Utility Units), as defined in Clean Air Act (CAA) section 111. The amendments to CAA section 111 rules would establish a mechanism by which Hg emissions from new and existing coal-fired Utility Units are capped at specified, nation-wide levels. A first phase cap of 38 tons per year (tpy) becomes effective in 2010, and a second phase cap of 15 tpy becomes effective in 2018. Facilities must demonstrate compliance with the standard by holding one ``allowance'' for each ounce of Hg emitted in any given year. Allowances are readily transferrable among all regulated facilities. Such a ``cap-and-trade'' approach to limiting Hg emissions is the most cost-effective way to achieve the reductions in Hg emissions from the power sector. The added benefit of the cap-and-trade approach is that it dovetails well with the sulfur dioxide (SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>) emission caps under the final Clean Air Interstate Rule (CAIR) that was signed on March 10, 2005. CAIR establishes a broadly-applicable cap-and-trade program that significantly limit SO<INF>2</INF> and NO<INF>X</INF> emissions from the power sector. The advantage of regulating Hg at the same time and using the same regulatory mechanism as for SO<INF>2</INF> and NO<INF>X</INF> is that significant Hg emissions reductions, especially reductions of oxidized Hg, can and will be achieved by the air pollution controls designed and installed to reduce SO<INF>2</INF> and NO<INF>X</INF>. Significant Hg emissions reductions can be obtained as a ``co-benefit'' of controlling emissions of SO<INF>2</INF> and NO<INF>X</INF>; thus, the coordinated regulation of Hg, SO<INF>2</INF>, and NO<INF>X</INF> allows Hg reductions to be achieved in a cost- effective manner. The final rule also finalizes a performance specification (PS) (Performance Specification 12A, ``Specification and Test Methods for Total Vapor Phase Mercury Continuous Emission Monitoring Systems in Stationary Sources'') and a test method (``Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems''). The EPA is also taking final action to amend the definition of ``designated pollutant.'' The existing definition predates the Clean Air Act Amendments of 1990 (the CAAA) and, as a result, refers to section 112(b)(1)(A) which no longer exists. The EPA is also amending the definition of ``designated pollutant'' so that it conforms to EPA's interpretation of the provisions of CAA section 111(d)(1)(A), as amended by the CAAA. That interpretation is explained in detail in a separate Federal Register notice (70 FR 15994; March 29, 2005) announcing EPA's revision of its December 2000 regulatory determination and removing Utility Units from the 112(c) list of categories. For these reasons, EPA has determined that it is appropriate to promulgate the revised definition of ``designated pollutant'' without prior notice and opportunity for comment.
Environmental Protection Agency -- Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NOX2005-May-1205-5723In today's action, EPA finds that 28 States and the District of Columbia contribute significantly to nonattainment of the national ambient air quality standards (NAAQS) for fine particles (PM<INF>2.5</INF>) and/or 8-hour ozone in downwind States. The EPA is requiring these upwind States to revise their State implementation plans (SIPs) to include control measures to reduce emissions of sulfur dioxide (SO<INF>2</INF>) and/or nitrogen oxides (NO<INF>X</INF>). Sulfur dioxide is a precursor to PM<INF>2.5</INF> formation, and NO<INF>X</INF> is a precursor to both ozone and PM<INF>2.5</INF> formation. Reducing upwind precursor emissions will assist the downwind PM<INF>2.5</INF> and 8-hour ozone nonattainment areas in achieving the NAAQS. Moreover, attainment will be achieved in a more equitable, cost- effective manner than if each nonattainment area attempted to achieve attainment by implementing local emissions reductions alone. Based on State obligations to address interstate transport of pollutants under section 110(a)(2)(D) of the Clean Air Act (CAA), EPA is specifying statewide emissions reduction requirements for SO<INF>2</INF> and NO<INF>X</INF>. The EPA is specifying that the emissions reductions be implemented in two phases. The first phase of NO<INF>X</INF> reductions starts in 2009 (covering 2009-2014) and the first phase of SO<INF>2</INF> reductions starts in 2010 (covering 2010- 2014); the second phase of reductions for both NO<INF>X</INF> and SO<INF>2</INF> starts in 2015 (covering 2015 and thereafter). The required emissions reductions requirements are based on controls that are known to be highly cost effective for electric generating units (EGUs). Today's action also includes model rules for multi-State cap and trade programs for annual SO<INF>2</INF> and NO<INF>X</INF> emissions for PM<INF>2.5</INF> and seasonal NO<INF>X</INF> emissions for ozone that States can choose to adopt to meet the required emissions reductions in a flexible and cost-effective manner. Today's action also includes revisions to the Acid Rain Program regulations under title IV of the CAA, particularly the regulatory provisions governing the SO<INF>2</INF> cap and trade program. The revisions are made because they streamline the operation of the Acid Rain SO<INF>2</INF> cap and trade program and/or facilitate the interaction of that cap and trade program with the model SO<INF>2</INF> cap and trade program included in today's action. In addition, today's action provides for the NO<INF>X</INF> SIP Call cap and trade program to be replaced by the CAIR ozone-season NO<INF>X</INF> trading program.
Environmental Protection Agency -- Stay of the Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate Transport2005-Mar-0105-3450In this action, EPA is proposing to stay the effectiveness of a final rule we issued under section 110 of the Clean Air Act (CAA) related to the interstate transport of nitrogen oxides (NO<INF>X</INF>). On April 21, 2004, EPA issued a final rule that required the State of Georgia to submit State implementation plan (SIP) revisions that prohibit specified amounts of NO<INF>X</INF> emissions-- one of the precursors to ozone (smog) pollution--for the purposes of reducing NO<INF>X</INF> and ozone transport across State boundaries in the eastern half of the United States. This rule became effective on June 21, 2004. Subsequently, the Georgia Coalition for Sound Environmental Policy (GCSEP or Petitioners) filed a petition for reconsideration requesting that EPA reconsider the inclusion of the State of Georgia in the NO<INF>X</INF> SIP Call Rule and also requested a stay of the effectiveness of the rule as it relates to the State of Georgia only. In response to this petition, EPA is proposing to stay the effectiveness of the April 21, 2004 rule as it relates to the State of Georgia only, while EPA conducts notice-and-comment rulemaking to further address the issues raised by the Petitioners.
Environmental Protection Agency -- Supplemental Proposal for the Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule)2004-Jun-1004-11923Today's action is a supplemental notice of proposed rulemaking (SNPR) to EPA's January 30, 2004 (69 FR 4566) notice of proposed rulemaking (NPR). The NPR requires certain States to submit State implementation plan (SIP) measures to ensure that emissions reductions are achieved as needed to mitigate transport of fine particulate matter (PM2.5) and/or ozone pollution and its main precursors--emissions of sulfur dioxide (SO<INF>2</INF>) and oxides of nitrogen (NO<INF>X</INF>)--across State boundaries. Today's action includes proposed rule language and supplemental information for the January 2004 proposal, consisting of further discussion on establishing State- level emissions budgets, proposed State reporting requirements and SIP approvability criteria, proposed model cap-and-trade rules, and a more thorough discussion of how this proposal interacts with existing Clean Air Act (CAA) programs and requirements. The EPA intends to produce a final rule by the end of calendar year 2004.
Environmental Protection Agency -- Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Interstate Air Quality Rule)2004-Jan-3004-808In today's action, EPA is proposing to find that 29 States and the District of Columbia contribute significantly to nonattainment of the national ambient air quality standards (NAAQS) for fine particles (PM<INF>2.5</INF>) and/or 8-hour ozone in downwind States. The EPA is proposing to require these upwind States to revise their State implementation plans (SIPs) to include control measures to reduce emissions of sulfur dioxide (SO<INF>2</INF>) and/or nitrogen oxides (NO<INF>X</INF>). Sulfur dioxide is a precursor to PM<INF>2.5</INF> formation, and NO<INF>X</INF> is a precursor to both ozone and PM<INF>2.5</INF> formation. Reducing upwind precursor emissions will assist the downwind PM<INF>2.5</INF> and 8-hour ozone nonattainment areas in achieving the NAAQS. Moreover, attainment would be achieved in a more equitable, cost-effective manner than if each nonattainment area attempted to achieve attainment by implementing local emissions reductions alone. Based on State obligations to address interstate transport of pollutants under section 110(a)(2)(D) of the Clean Air Act (CAA), EPA is proposing statewide emissions reduction requirements for SO<INF>2</INF> and NO<INF>X</INF>. The EPA is proposing that the emissions reductions be implemented in two phases, with the first phase in 2010 and the second phase in 2015. The proposed emissions reduction requirements are based on controls that are known to be highly cost effective for electric generating units (EGUs). Today's action also discusses model multi-State cap and trade programs for SO<INF>2</INF> and NO<INF>X</INF> that States could choose to adopt to meet the proposed emissions reductions in a flexible and cost-effective manner. The EPA intends to propose the model trading programs in a future supplemental action.
Environmental Protection Agency -- Revisions to the Definitions and the Continuous Emission Monitoring Provisions of the Acid Rain Program and the NOX2002-Aug-1602-20742This document contains corrections to the final regulations (FRL-7207-4), which were published in the Federal Register of Wednesday, June 12, 2002 (67 FR 40394). The regulations relate to Revisions to the Definitions and the Continuous Emission Monitoring Provisions of the Acid Rain Program and the NO<INF>X</INF> Budget Trading Program. The corrections are necessary to correct certain typographical errors and other minor issues.
Environmental Protection Agency -- Revisions to the Definitions and the Continuous Emission Monitoring Provisions of the Acid Rain Program and the NOX2002-Jun-1202-11450In this action, EPA is taking final action on the portions of the June 13, 2001 proposed rule revisions that modify the existing requirements for sources affected by the Acid Rain Program and by the NO<INF>X</INF> Budget Trading Program under the October 27, 1998 NO<INF>X</INF> SIP Call. Certain changes to the proposed rule revisions have been made based on the public comments received. EPA is not finalizing the proposed changes at this time to the Appeal Procedures or to the Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Reducing Interstate Ozone Transport. Today's final rule establishes additional flexibility and options for sources in meeting the continuous emission monitoring system (CEMS) requirements under programs to reduce sulfur dioxide and nitrogen oxides emissions. These revisions may apply to sources that monitor and report emissions only during the ozone season, as well as to sources that monitor and report emissions for the entire year. The provisions in this final rule benefit the environment by ensuring that sulfur dioxide (S0<INF>2</INF>), nitrogen oxides (NO<INF>X</INF>), and carbon dioxide (CO<INF>2</INF>) emissions are accurately monitored and reported, even as they benefit the affected industrial sources by creating opportunities to adopt cost saving procedures.
Environmental Protection Agency -- Revisions to the Federal NOX2001-Jun-1301-13142EPA is proposing rule revisions that would modify the existing requirements for sources affected by the Federal NO<INF>X</INF> Budget Trading Program, the Acid Rain Program, and the October 27, 1998 NO<INF>X</INF> SIP Call. The proposed revisions would streamline and add flexibility to the monitoring and reporting requirements in response to the significant changes that have occurred in power generation in recent years due to deregulation and recent environmental actions initiated by EPA to reduce nitrogen oxides emissions. This proposed action would also make certain technical corrections, remove outdated provisions, and correct printing, typographical, and grammatical errors to correct or clarify cross references, and, in a few instances, to ensure that the specific rule language is consistent with the Agency's intent.
Environmental Protection Agency -- Acid Rain Program-Permits Rule Revision, Industrial Utility-Units Exemption2001-Mar-0101-722The Environmental Protection Agency (EPA) is proposing to remove the provision for the industrial utility-units exemption in the permits rule for the Acid Rain Program under title IV of the Clean Air Act (Act). The purpose of the Acid Rain Program is to significantly reduce emissions of sulfur dioxide and nitrogen oxides from utility electric generating plants in order to reduce the adverse health and ecological effects of acidic deposition (or acid rain) resulting from these emissions. In January 1993, EPA issued rules implementing the program, including the permits rule. In October 1997, EPA revised the permits rule in order to add, among other things, a provision establishing a limited exemption from the program for certain industrial boilers (referred to as ``industrial utility-units''). One party filed a petition for review challenging the industrial utility- units exemption. On August 23, 2000, EPA and the petitioning party signed a settlement agreement addressing the exemption provision. Today, EPA is proposing to remove the industrial utility-units exemption. This action is consistent with the August 23, 2000 settlement.
Environmental Protection Agency -- Acid Rain Program-Permits Rule Revision, Industrial Utility-Units Exemption2001-Mar-0101-721The Environmental Protection Agency (EPA) is taking direct final action to remove the provision for the industrial utility-units exemption in the regulations for the Acid Rain Program under title IV of the Clean Air Act (Act). The purpose of the Acid Rain Program is to significantly reduce emissions of sulfur dioxide and nitrogen oxides from utility electric generating plants in order to reduce the adverse health and ecological effects of acidic deposition (or acid rain) resulting from these emissions. In January 1993, EPA issued rules implementing the program, including the permits rule. In October 1997, EPA revised the permits rule in order to add, among other things, a provision establishing a limited exemption from the program for certain industrial boilers (referred to as ``industrial utility-units''). One party filed a petition for review challenging the industrial utility- units exemption. On August 23, 2000, EPA and the petitioning party signed a settlement agreement addressing the exemption provision. Today, EPA is removing the industrial utility-units exemption based on a review of the record. This action is consistent with the August 23, 2000 settlement.
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