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EPA/AR

RIN: 2060-AL83

Publication ID: Fall 2008

Title: Section 126 Rule: Withdrawal of Findings for Sources in Michigan
Abstract: EPA coordinated the Section 126 Rule with another rule known as the NOx State implementation plan (SIP) Call, because both rules addresses ozone transport in the eastern half of the United States. EPA established a mechanism in the Section 126 Rule whereby the rule would be withdrawn for sources in a State if the State submitted, and EPA approved, a SIP that complied with the NOx SIP Call. 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 been delayed and the NOx SIP Call has been divided into two phases. Therefore, in a separate action, EPA proposed to revise the Section 126 Rule withdrawal provision so that it will continue to operate under these new circumstances. Under that proposal, where a State submits a NOx SIP that meets only Phase 1 of the NOx SIP Call, EPA would need to make a determination that the SIP controls the total group of Section 126 sources to the same stringency as the Section 126 Rule would before the Section 126 Rule could be withdrawn. In this current action, EPA is proposing that the Michigan Phase I SIP meets the proposed revised Section 126 Rule withdrawal criteria, and therefore, if EPA finalizes the withdrawal criteria as proposed, EPA would withdraw the Section 126 Rule for sources in Michigan.
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 52.34
Legal Authority: 42 USC 7401 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	To Be Determined

Additional Information: SAN No. 4796
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local
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