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EPA/AR RIN: 2060-AP35 Publication ID: Spring 2009 
Title: ●Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules 
Abstract: This action will reaffirm the promulgation of certain long-standing Acid Rain Program (ARP) provisions. The action will not change any existing provisions of the ARP rules but will ensure that existing provisions, which have been in effect and in use since 2006, will remain in effect. EPA finalized certain revisions to the ARP rules in Federal Register (FR) notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). These ARP revisions would have been adopted even in the absence of CAIR and the CAIR FIPs. The first type of ARP revisions changed the allowance-holding and -transfer requirements in the SO2 trading program from unit-level to facility-level. The second type of ARP revisions explicitly allowed the use of agents by designated representatives, while holding designated representatives ultimately responsible for any agent's actions. The third type of ARP revisions was a miscellaneous group of minor, technical changes streamlining the ARP rules. After the ARP revisions were final and effective, EPA modified its electronic allowance tracking system and electronic emissions reporting system to reflect these revisions by, for example, removing individual-unit allowance accounts and creating instead allowance accounts for each facility or "source." All three types of revisions were implemented in 2006, and many of the revisions, particularly the first two types of revisions, have been widely used by regulated companies since mid-2006. On July 11, 2008 the U.S. Court of Appeals for the District of Columbia Circuit issued a decision to vacate and remand CAIR and the CAIR FIPs to EPA. EPA and other parties filed petitions for rehearing, and in response, the Court on December 23 issued a decision to remand without vacating CAIR and the CAIR FIPs. The ARP revisions are not related to CAIR or the CAIR FIPs and EPA believes it is reasonable to view them as unaffected by the Court's decision. However, we are reaffirming the revisions to remove any uncertainty about their regulatory status. Although the Court decided to remand without vacating CAIR and the CAIR FIPs, EPA still needs to clarify the status of the ARP revisions in order to remove any ambiguity that may exist because of uncertainty about the breadth of the Court's opinion as well as to potentially respond to the remand if necessary. We originally published this action as a direct final rule, but had to withdraw it due to receipt of one adverse comment. We will consider the comment received and publish a final rule in July 2009. 
Agency: Environmental Protection Agency(EPA)  Priority: Info./Admin./Other 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 72 to 74    40 CFR 77 and 78   
Legal Authority: 42 USC 7651   
Legal Deadline:
Action Source Description Date
Final  Statutory  Final rule must be published in the FR on or before Nov. 14, 2009  11/14/2009 
Timetable:
Action Date FR Cite
NPRM  12/15/2008  73 FR 75983   
Direct Final Action  12/15/2008  73 FR 75954   
Interim Final Action  12/15/2008  73 FR 75959   
Direct Final Action--Withdrawal  03/26/2009  74 FR 13124   
Final Action  07/00/2009    
Additional Information: SAN No. 5299; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2008/December/Day-15/contents.htm; EPA Docket information: EPA–HQ–OAR–2008–0774
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:
Gabrielle Stevens
Environmental Protection Agency
Air and Radiation
6204J,
Washington, DC 20460
Phone:202 343-9252
Email: stevens.gabrielle@epa.gov

Dwight Alpern
Environmental Protection Agency
Air and Radiation
6204N,
Washington, DC 20460
Phone:202 343-9151
Fax:202 343-2356
Email: Alpern.Dwight@epamail.epa.gov