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EPA/AR RIN: 2060-AJ36 Publication ID: Spring 2001 
Title: Rulemaking on Section 126 Petitions from New York and Connecticut Regarding Sources in Michigan 
Abstract: The EPA is proposing to revise the section 126 rule in light of the March 3, 2000 Court decision (Michigan v. EPA, No. 98-1497) on the NOx SIP Call. The court vacated, and remanded to EPA for further consideration, the inclusion of Georgia and Missouri in the NOx SIP Call in light of the Ozone Transport Assessment Group conclusions that emissions from coarse grid portions of States did not merit controls. The reasoning of the Court regarding the significance of NOx emissions from sources in Georgia and Missouri calls into question the inclusion of the coarse grid portion of Michigan in the NOx SIP Call. In a separate proposal on the NOx SIP Call, EPA is proposing to withdraw the NOx SIP Call requirements for the Michigan coarse grid area. The section 126 rule is based on many of the same analyses and information used for the NOx SIP call and covers part of Michigan. Thus, in light of the court ruling, EPA is proposing to withdraw its section 126 findings and control requirements under the 1-hour ozone standard with respect to sources located in the small part of the coarse grid portion of Michigan that is currently covered by the section 126 rule. The EPA has not identified any existing section 126 sources that would be affected by the proposal, however this proposal would eliminate findings and control requirements for new sources locating in the coarse grid. This proposal does not create any new requirements, thus there are no associated costs. The proposal does not raise any novel legal or policy issues. It is consistent with the Court ruling on the NOx SIP Call and EPA?s new proposed action on the NOx SIP Call. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 52    40 CFR 75    40 CFR 97   
Legal Authority: 42 USC 7426   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2001    
Additional Information: SAN No. 4464 Split from RIN 2060-AH88.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
Agency Contact:
Carla Oldham
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code C539-04,
Research Triangle Park, NC 27711
Phone:919 541-3347
Fax:919 541-0824
Email: oldham.carla@epamail.epa.gov