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EPA/AR

RIN: 2060-AO96

Publication ID: Spring 2010

Title: Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions
Abstract: This rulemaking action would revise the rule for implementation of the 8-hour ozone national ambient air quality standard (NAAQS) to address partial vacatur by the U.S. Circuit Court of Appeals for the District of Columbia Circuit. The rulemaking would remove the portions of the regulatory text vacated by the Court, specifically: (1) The provision that places some 8-hour ozone nonattainment areas under title I, part D, subpart 1, of the CAA; (2) remove the exemption from anti-backsliding for the following three obligations under the now-revoked 1-hour ozone NAAQS: - New source review; - CAA Section 185 penalty fees for severe and extreme areas that fail to attain the 1-hour standard by their attainment date; and - Contingency measures for failure to attain the 1-hour standard or make reasonable progress toward attainment. The rule would also address: (1) The classification system for nonattainment areas that the implementation rule originally covered under Clean Air Act (CAA) title I, part D, subpart 1; and (2) contingency measures that apply as anti-backsliding measures under the now-revoked 1-hour standard. The rule would also remove an obsolete provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 51 40 CFR 50 40 CFR 81
Legal Authority: 42 USC 7410 42 USC 7511 to 7511f 42 USC 7601(a)(1)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	01/16/2009	74 FR 2936
NPRM Comment Period End	02/17/2009
Final Action	09/00/2010

Additional Information: SAN No. 5194; EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064808228f1; EPA Docket information: EPA-HQ-OAR-2007-0956.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: H. Lynn Dail Environmental Protection Agency Air and Radiation C539-01, Research Triangle Park, NC 27711 Phone:919 541-2363 Fax:919 541-0824 Email: dail.lynn@epa.gov