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EPA/AR

RIN: 2060-AP42

Publication ID: Spring 2009

Title: ●Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Reducing Interstate Ozone Transport(Completion of a Section 610 Review)
Abstract: On May 25, 1999 (64 FR 28250), EPA issued a final rule entitled "Findings of Significant Contribution and Rulemaking on section 126 Petitions for Purposes of Reducing Interstate Ozone Transport," usually referred to as the "Section-126 rule." This rule was a response to petitions from several states asking EPA to take Federal action to address the problem of air pollution coming from upwind states. Since this rule did not include a no-significant-impact certification under the Regulatory Flexibility Act, it normally would be a candidate for the RFA-required review 10 years after promulgation. However, this rule had no actual impact on any entities, since it specified that its prescribed upwind-pollution remedies could be fulfilled by State actions under a previous EPA rule entitled "Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone," usually referred to as the "NOx SIP Call," which was promulgated on October 27, 1998 (63 FR 57355). Subsequently, the States did in fact comply with the NOx SIP Call rule, thereby nullifying any effect of the Section-126 rule. Therefore the Section-126 rule has had, and will have, no impacts on any entities, including small entities, thereby obviating the need for a 10-year review under the RFA. In light of this fact, EPA is, through this notice, documenting the Section-126 rule's lack of impact, and announcing that the 10-year review has been completed.
Agency: Environmental Protection Agency(EPA)	Priority: Info./Admin./Other
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
RFA Section 610 Review: Completion of a Section 610 Review
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 610

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Action	05/25/1999	64 FR 28250
610 Review Determination	03/26/2009

Additional Information: SAN No. 5326
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.epa.gov/sbrefa/index.htm
RIN Data Printed in the FR: Yes
Agency Contact: Thomas Eagles Environmental Protection Agency Air and Radiation 6103A, Washington, DC 20460 Phone:202 564-1952 Fax:202 564-1554 Email: eagles.tom@epa.gov