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| EPA/AR | RIN: 2060-AJ36 | Publication ID: Spring 2004 |
| Title: Rulemaking on Section 126 Petitions from New York and Connecticut Regarding Sources in Michigan; Revision of Definition of Applicable Requirement for Title V Operating Permit Programs | |
| Abstract: The EPA is proposing to revise the Section 126 Rule in light of the March 3, 2000 court decision 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, 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, EPA is proposing to withdraw its section 126 findings and control requirements 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 EPA is also proposing to revise the definition "applicable requirement" for title V operating permit programs by providing expressly that any standard or other requirement under section 126 is an applicable requirement and must be included in operating permits issued under title V of the CAA. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final 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 |
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Timetable:
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| Additional Information: SAN 4464. Split from RIN 2060-AH88. | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | 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 Tom Helms Environmental Protection Agency Air and Radiation C304-04, Research Triangle Park, NC 20460 Phone:919 541-5527 Email: helms.tom@epa.gov |
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