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EPA/AR RIN: 2060-AR28 Publication ID: Spring 2015 
Title: Reconsideration of Significant Impact Levels and Consideration of Applicability Elements for Precursors of Particulate Matter Less Than 2.5 Micrometers (PM2.5) in New Source Review Regulations 

This proposed rulemaking is, in part, in response to the January 22, 2013, U.S. Court of Appeals for the District of Columbia Circuit decision that vacated the Significant Monitoring Concentration (SMC) and vacated and remanded two provisions in EPA's prevention of significant deterioration (PSD) regulations containing Significant Impact Levels (SILs) that were contained in the 2010 final rule promulgating fine particulate matter (PM2.5) increments, SMC, and SILs for PM2.5. This rulemaking addresses the court's decision remanding the PM2.5 SILs provisions in the PSD program. This rulemaking will address significant emission rates for precursors of PM2.5 in both the PSD and nonattainment new source review programs. This rulemaking will also re-propose for public comment two provisions of the rule that were not addressed in that court decision. The reason that EPA is re-proposing these two provisions is because the Texas Commission on Environmental Quality (TCEQ) filed a Petition for Reconsideration to the Administrator regarding several provisions contained in the 2010 final rule. In response to the TCEQ petition, EPA agreed to reconsider, by re-proposing, the following three provisions: 1) The revised definition of "baseline area" that includes a new significance level for PM2.5, which is used for determining whether a particular attainment or unclassifiable area should be included in the baseline area for the PM2.5 increments; 2) The requirement that PM2.5 precursor emissions be included in the significant impact analysis; and 3) The level selected for the SMC for PM2.5. In each case, the TCEQ claimed that EPA did not provide an opportunity for public comment prior to issuing the provisions as part of the 2010 final rule. The third of these claims by TCEQ subsequently became moot by the court's vacatur of the PM2.5 SMC. 

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 51.156   
Legal Authority: 42 U.S.C. 7470 to 7479   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/00/2016 
Final Rule  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Raj Rao
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5344

Chuck Buckler
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-0873
Fax:919 541-5509