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EPA/AR

RIN: 2060-AL76

Publication ID: Spring 2004

Title: Clean Air Interstate Rule; Formerly Titled Interstate Air Quality Rule
Abstract: Many pollutant types and sources contribute to ambient levels of fine particulate matter (PM2.5) and ozone that exceed national air quality standards, and to regional haze that adversely affects visibility in federal Class I areas. Some of these pollutants may originate tens or hundreds of miles from the areas where violations of the national ambient air quality standards are detected, from sources that are outside the jurisdiction of the State that is harmed. The Clean Air Act requires that a State take steps to prevent emissions from sources located within its boundaries from interfering with a downwind States ability to meet air quality standards, or interfering with measures to protect visibility. EPA believes it is important to address interstate transport of PM2.5 and 8-hour ozone prior to the time when State plans addressing nonattainment of the standards are completed, so that States can rely on upwind reductions when developing plans for attaining the standards. The Bush Administration has proposed Clear Skies legislation that will help reduce interstate transport of pollution from the largest emitters in the power generation sector. This mandatory program would dramatically reduce sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury by setting a national cap on emissions of each pollutant from power generators. Trading would provide sources with flexibility to reduce their emissions in most efficient and least costly way. EPA prefers to address the issue of transported pollution from power generators through Clear Skies legislation rather than rulemaking. Because enactment of legislation is inherently uncertain, in addition to promoting legislation EPA is initiating this rulemaking as a potential substitute to achieve part of what would be achieved by Clear Skies. Also, if analysis warrants, this rulemaking could supplement legislation by addressing categories of emissions sources not covered by the legislation. Further, EPA will conduct updated tranport analyses to determine whether emission reductions beyond the already-promulgated NOx SIP Call (63 FR 57355) are warranted for purposes of the 8-hour ozone standard. Under the interstate air quality rule, EPA would establish state-level emissions reduction requirements for transported pollutants, and offer compliance flexibility in the form of an emissions trading program.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: Undetermined
CFR Citation: 40 CFR 51, 72, 75, 96 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7410(a)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	01/30/2004	69 FR 4566
Supplemental NPRM	06/00/2004
Notice of Data Availability	08/00/2004
Final Action	11/00/2004

Additional Information: SAN 4794.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Scott Mathias Environmental Protection Agency Air and Radiation MD-15, C539-01, Washington, DC 20460 Phone:919 541-5310 Fax:919 541-0237 Email: Mathias.Scott@epamail.epa.gov Joe Paisie Environmental Protection Agency Air and Radiation C504-02, Research Triangle Park, NC 27711 Phone:919 541-5556 Fax:919 541-0942 Email: Paisie.Joe@epa.gov