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EPA/AR | RIN: 2060-AP35 | Publication ID: Spring 2009 |
Title: ●Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules | |
Abstract: This action will reaffirm the promulgation of certain long-standing Acid Rain Program (ARP) provisions. The action will not change any existing provisions of the ARP rules but will ensure that existing provisions, which have been in effect and in use since 2006, will remain in effect. EPA finalized certain revisions to the ARP rules in Federal Register (FR) notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). These ARP revisions would have been adopted even in the absence of CAIR and the CAIR FIPs. The first type of ARP revisions changed the allowance-holding and -transfer requirements in the SO2 trading program from unit-level to facility-level. The second type of ARP revisions explicitly allowed the use of agents by designated representatives, while holding designated representatives ultimately responsible for any agent's actions. The third type of ARP revisions was a miscellaneous group of minor, technical changes streamlining the ARP rules. After the ARP revisions were final and effective, EPA modified its electronic allowance tracking system and electronic emissions reporting system to reflect these revisions by, for example, removing individual-unit allowance accounts and creating instead allowance accounts for each facility or "source." All three types of revisions were implemented in 2006, and many of the revisions, particularly the first two types of revisions, have been widely used by regulated companies since mid-2006. On July 11, 2008 the U.S. Court of Appeals for the District of Columbia Circuit issued a decision to vacate and remand CAIR and the CAIR FIPs to EPA. EPA and other parties filed petitions for rehearing, and in response, the Court on December 23 issued a decision to remand without vacating CAIR and the CAIR FIPs. The ARP revisions are not related to CAIR or the CAIR FIPs and EPA believes it is reasonable to view them as unaffected by the Court's decision. However, we are reaffirming the revisions to remove any uncertainty about their regulatory status. Although the Court decided to remand without vacating CAIR and the CAIR FIPs, EPA still needs to clarify the status of the ARP revisions in order to remove any ambiguity that may exist because of uncertainty about the breadth of the Court's opinion as well as to potentially respond to the remand if necessary. We originally published this action as a direct final rule, but had to withdraw it due to receipt of one adverse comment. We will consider the comment received and publish a final rule in July 2009. | |
Agency: Environmental Protection Agency(EPA) | Priority: Info./Admin./Other |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 72 to 74 40 CFR 77 and 78 | |
Legal Authority: 42 USC 7651 |
Legal Deadline:
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Additional Information: SAN No. 5299; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2008/December/Day-15/contents.htm; EPA Docket information: EPAHQOAR20080774 | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Gabrielle Stevens Environmental Protection Agency Air and Radiation 6204J, Washington, DC 20460 Phone:202 343-9252 Email: stevens.gabrielle@epa.gov Dwight Alpern Environmental Protection Agency Air and Radiation 6204N, Washington, DC 20460 Phone:202 343-9151 Fax:202 343-2356 Email: Alpern.Dwight@epamail.epa.gov |