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EPA/AR

RIN: 2060-AK41

Publication ID: Fall 2008

Title: Section 126 Rule Withdrawal Provision
Abstract: EPA is proposing to revise one narrow aspect of the Section 126 Rule, which was promulgated January 18, 2000. That rule requires certain sources located in the eastern United States to reduce their NOx emissions for purposes of reducing ozone transport. EPA coordinated the Section 126 Rule with a related ozone transport rule, known as the NOx State implementation plan call (NOx SIP Call), which also addresses ozone transport in the eastern United States. The EPA established the same compliance date for both rules, May 1, 2003. The EPA included a provision in the Section 126 Rule which provided that where a State adopted, and EPA approved, a SIP controlling transport under the NOx SIP Call, and with a May 1, 2003, compliance date, EPA would withdraw the Section 126 requirements for sources in that State. This was a practical way to address the overlap between the two rules and avoid having sources be subject to two sets of potentially different NOx transport control requirements. As the result of court actions, the compliance dates for the Section 126 Rule and the NOx SIP Call have both been delayed until May 31, 2004. In addition, the NOx SIP Call has been divided into two phases. Therefore, it is necessary to revise the Section 126 Rule withdrawal provision so that it will continue to operate under these new circumstances. This action also proposes to withdraw the Section 126 Rule in States that meet the proposed revised criteria.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 52
Legal Authority: 42 USC 7426

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	04/04/2003	68 FR 16644
Final Action	To Be Determined

Additional Information: SAN No. 4689; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2003/April/Day-04/a8152.htm
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Carla Oldham Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code C539-04, Research Triangle Park, NC 27711 Phone:919 541-3347 Fax:919 541-0824 Email: oldham.carla@epamail.epa.gov Doug Grano Environmental Protection Agency Air and Radiation C539-02, Research Triangle Park, NC 27711 Phone:919 541-3292 Fax:919 541-0824 Email: Grano.Doug@epamail.epa.gov