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EPA/OAR | RIN: 2060-AW47 | Publication ID: Fall 2024 |
Title: ●Voluntary Partial Remand of the Good Neighbor Plan to Respond to Comments | |
Abstract:
EPA finalized the disapproval of 21 states’ good neighbor SIP submissions in a rule published on February 13, 2023 (88 FR 9336). EPA subsequently signed final action of the Good Neighbor Plan Rule on March 15, 2023, establishing EGU and non-EGU FIP obligations for sources in 23 states, including the states included in the February SIP disapproval action. Petitioners filed motions to stay EPA’s disapproval action with respect to certain states. The United States Court of Appeals Circuit Courts granted motions to stay EPA’s disapproval of SIP submissions for certain states, causing EPA to lack the authority to implement the March 2023 rule for sources in those states. Applicants then filed for an emergency stay of the Good Neighbor Plan Rule, claiming that EPA failed to anticipate certain states dropping out of the Rule or explain how the Rule could continue to function as a result (i.e., the severability of the Rule). The Court granted the applications to stay enforcement of the rule on this basis. In this action, the EPA is remediating the deficiency identified by the Court by responding to comments related to the issue of severability. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
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 52 | |
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Elizabeth Palma Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, MC: 539-01, Research Triangle Park, NC 27711 Phone:919 541-5432 Email: palma.elizabeth@epa.gov |