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EPA/AR RIN: 2060-AP52 Publication ID: Spring 2011 
Title: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Electric Utility Steam Generating Units 
Abstract: On May 18, 2005 (70 FR 28606) , EPA published a final rule requiring reductions in emissions of mercury from Electric Utility Steam Generating Units. That rule was vacated on February 8, 2008, by the U.S. Court of Appeals for the District of Columbia Circuit. As a result of that vacatur, coal- and oil-fired electric utility steam generating units remain on the list of sources that must be regulated under section 112 of the Clean Air Act (CAA). The Agency will develop standards under CAA section 112(d) which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112(d) rules will be considered in developing this regulation. Under this action EPA will also propose amendments to the criteria pollutant new source performance standards (NSPS) for utilities. On February 27, 2006, EPA promulgated amendments to the utility NSPS and was subsequently sued by multiple state attorney general offices and environmental organizations. On September 2, 2009, EPA was granted a voluntary remand without vacatur of the 2006 amendments. Combining the two rules is a single action provides interested parties the opportunity to provide coments on the combined requirements of the 2 rules. It also avoids double counting either costs or environmental benefits of the separate rules. 
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: State, local, or tribal governments; Private Sector 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 63    40 CFR 60, subpart Da     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Clean Air Act sec 112(d)    Clean Air Act sec 111(b)   
Legal Deadline:
Action Source Description Date
Final  Judicial  No later than November 16, 2011, EPA shall sign for publication in the Federal Register a notice of final rulemaking.  11/16/2011 
NPRM  Judicial  No later than March 16, 2011, EPA shall sign for publication in the Federal Register a notice of proposed rulemaking.  03/16/2011 
Action Date FR Cite
NPRM  05/03/2011  76 FR 24976   
NPRM Comment Period End  07/05/2011    
Final Action  12/00/2011    
Additional Information: EPA Docket information: EPA-HQ-OAR-2009-0234 EPA-HQ-OAR-2005-0031
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Yes 
Included in the Regulatory Plan: No 
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: Yes 
Agency Contact:
Bill Maxwell
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5430
Fax:919 541-5450

Robert J Wayland
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-1045