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| EPA/AR | RIN: 2060-AR28 | Publication ID: Fall 2013 |
| Title: New Source Review and Title V Operating Permit Programs--Reconsideration of PSD Requirements for Particulate Matter Less Than 2.5 Micrometers (PM2.5) and Revision to Public Notice Requirements | |
| Abstract: This rulemaking is in response to the January 22, 2013, U.S. Court of Appeals for the District of Columbia Circuit decision that vacated the Significant Monitoring Concentration (SMC) and two provisions in EPA's prevention of significant deterioration (PSD) regulations containing Significant Impact Levels (SILs) that were contained in the 2010 final rule promulgating fine particulate matter (PM2.5) increments, SMC, and SILs for PM2.5. (Sierra Club v. EPA, No. 10-1413 (D.C. Circuit), 2013 WL 216018). This rulemaking will remove the PM2.5 SMCs from the PSD regulations, and address the court's decision regarding SILs. This rulemaking will also re-propose for public comment two provisions of the rule that were not addressed in that court decision. The reason that EPA is re-proposing these two provisions is because the Texas Commission on Environmental Quality (TCEQ) filed a Petition for Reconsideration to the Administrator regarding several provisions contained in the 2010 final rule. In response to the TCEQ petition, EPA agreed to reconsider, by re-proposing, the following three provisions: 1) The revised definition of "baseline area" that includes a new significance level for PM2.5, which is used for determining whether a particular attainment or unclassifiable area should be included in the baseline area for the PM2.5 increments; 2) the requirement that PM2.5 precursor emissions be included in the significant impact analysis; and 3) the level selected for the SMC for PM2.5. In each case, the TCEQ claimed that EPA did not provide an opportunity for public comment prior to issuing the provisions as part of the 2010 final rule. The third of these claims by TCEQ has subsequently been made moot by the court decision saying that no PM2.5 SMC is allowed under the Clean Air Act. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 51.156 | |
| Legal Authority: 42 USC 7470 to 7479 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Information URL: http://www.epa.gov | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Phil Lorang Environmental Protection Agency Air and Radiation C304-04, Research Triangle Park, NC 27711 Phone:919 541-5463 Email: lorang.phil@epa.gov Chuck Buckler Environmental Protection Agency Air and Radiation C504-03, Research Triangle Park, NC 27711 Phone:919 541-0873 Fax:919 541-5509 Email: buckler.charles@epa.gov |
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