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EPA/AR

RIN: 2060-AN98

Publication ID: Fall 2008

Title: Clean Air Mercury Rule: Federal Plan
Abstract: This action is a Federal Plan to implement the requirements of the Clean Air Mercury Rule (CAMR) for any States that do not have a timely, approved State Plan, as well as the two tribes affected by the rule. The status of this action is "undetermined." On February 8, the U.S. Court of Appeals for the DC Circuit vacated CAMR and subsequently issued the mandate. Until the deadline for seeking review by the Supreme Court has passed, and any subsequent legal proceedings concluded if review is sought, the Agency is putting the Federal Plan rulemaking action on hold during the period for potential appeal. The Federal Plan implements the requirements of CAMR by requiring that these States and tribes participate in the EPA-administered CAMR cap-and-trade program. While this rule provides for Federal implementation of the cap and trade program, it makes no other substantive changes to the model cap and trade program already finalized as part of CAMR. During the CAMR rulemaking process, EPA conducted extensive analysis of the economic, environmental, and health impacts of CAMR. Because the requirements and major programmatic elements of CAMR remain the same under the Federal Plan, these analyses remain unchanged under this action, as do conclusions regarding consideration of Executive orders. This rule also reflects any modifications based on the CAMR Final Action on Reconsideration. This action also finalizes revisions concerning the biomass cogeneration unit exemption under the applicability provisions of the Federal Plan, and minor revisions to the CAMR State Plan model cap-and-trade rule and the Acid Rain Program regulations. In addition, this action revises the Notice of Finding that Certain States Did Not Submit Clean Air Mercury Rule State Plans for New and Existing Electric Utility Steam Generating Units and Status of Submission of Such Plans.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: CAA sec 111

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/22/2006	71 FR 77099
Final Action	To Be Determined

Additional Information: SAN No. 5094; EPA publication information: NPRM - http://epa.gov/EPA-AIR/2006/December/Day-22/a21573.htm; EPA Docket information: EPA-HQ-OAR-2006-0905
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State, Tribal
Small Entities Affected: No	Federalism: No
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.	Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Erich Eschmann Environmental Protection Agency Air and Radiation 6204J, Washington, DC 20460 Phone:202 343-9128 Fax:202 343-2359 Email: Eschmann.Erich@epamail.epa.gov Meg Victor Environmental Protection Agency Air and Radiation 6204J, Washington, DC 20460 Phone:202 343-9193 Email: victor.meg@epa.gov