[Federal Register Volume 67, Number 71 (Friday, April 12, 2002)]
[Proposed Rules]
[Pages 17954-17955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 96, and 97

[FRL-7170-9]


Interstate Ozone Transport: Response to Court Decisions on the 
NOX SIP Call, NOX SIP Call Technical Amendments, 
and Section 126 Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: Today, EPA is extending the closing date of the public comment 
period regarding EPA's notice of proposed rulemaking ``Interstate Ozone 
Transport: Response to Court Decisions on the NOX SIP Call, 
NOX SIP Call Technical Amendments, and Section 126 Rules,'' 
published February 22, 2002 at 67 FR 8395. The original comment period 
was to close on April 15, 2002. The new closing date will be April 29, 
2002. The EPA received a request to extend the comment period due to 
the complexity of the issues surrounding the actions EPA is proposing 
to take. We find it appropriate to provide additional time for 
interested and affected parties to submit comments. All comments 
received by EPA on or prior to April 29, 2002 will be considered in the 
development of a final rule.

DATES: All comments regarding EPA's notice of proposed rulemaking 
issued on February 22, 2002 must be

[[Page 17955]]

postmarked, faxed, or e-mailed to EPA on or before close of business 
April 29, 2002 instead of April 15, 2002.

ADDRESSES: Comments (in duplicate if possible) may be submitted to the 
Office of Air and Radiation Docket and Information Center (6102), 
Attention: Docket No. A-96-56, U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW, Washington, DC 20460, telephone (202) 
260-7548, fax (202) 260-4400, and e-mail [email protected]. We 
encourage electronic submissions of comments and data following the 
instructions under SUPPLEMENTARY INFORMATION of this document. No 
confidential business information should be submitted through e-mail.
    Documents relevant to this action, including the proposed notice, 
are available for inspection at the U.S. Environmental Protection 
Agency, 401 M Street, SW, Waterside Mall, Room M-1500, Washington, DC 
20460, between 8 a.m. and 5:30 p.m., Monday through Friday, excluding 
legal holidays. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: General questions concerning today's 
action should be addressed to Jan King, Office of Air Quality Planning 
and Standards, Air Quality Strategies and Standards Division, C539-02, 
Research Triangle Park, NC 27711, telephone (919) 541-5665, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The proposed rule (67 FR 8395) addresses the 
issues remanded or vacated for notice-and-comment rulemaking by the 
D.C. Circuit in Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000), cert. 
denied, 121 S. Ct. 1225, 149 L. ED. 135 (2001), which concerned the 
NOX SIP Call (the ``SIP call case''); Appalachian Power v. 
EPA, 251 F.3d 1026 (D.C. Cir. 2001), which concerned the technical 
amendments rulemakings for the NOX SIP Call (the ``Technical 
Amendments case''); and Appalachian Power v. EPA, 249 F.3d 1042 (D.C. 
Cir. 2001) and Appalachian Power v. EPA, No.99-1200, Order (D.C. Cir., 
August 24, 2001), which concerned the section 126 rulemaking (the 
``Section 126 case'').
    In the proposed rule, EPA proposed to:
    (1) Retain the definition of EGUs as it relates to cogeneration 
units in the NOX SIP Call and in the Section 126 Rule, and 
retain the definition of EGUs as it relates to cogeneration units in 
the NOX SIP Call with only minor revisions to make the 
definition consistent with the Section 126 Rule;
    (2) revise the control levels for stationary internal combustion 
engines that were assumed in calculating NOX SIP call 
budgets for each State;
    (3) exclude portions of Georgia, Missouri, Alabama and Michigan 
from the NOX SIP Call (the court ruling focused on Georgia 
and Missouri, but the same issue is relevant to Alabama and Michigan);
    (4) revise statewide emissions budgets in the NOX SIP 
Call to reflect the disposition of the first three issues above;
    (5) set a range of dates for 19 States and the District of Columbia 
to submit State implementation plans to achieve the emissions 
reductions required by this second phase of the NOX SIP 
Call, and for Georgia and Missouri to submit SIPs meeting the full 
NOX SIP Call: 6 months through 1 year from final 
promulgation of this rulemaking but no later than April 1, 2003;
    (6) set a compliance date of May 31, 2004, for all sources except 
those in Georgia and Missouri; and sources in those two States would 
have a May 1, 2005 compliance date; and
    (7) exclude Wisconsin from NOX SIP Call requirements at 
this time.
    The comment period provided in the proposed rule was to close on 
April 15, 2002. Today's action extends the date by which the comment 
period closes to April 29, 2002.

    Dated: April 5, 2002.
Robert Brenner,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 02-8929 Filed 4-11-02; 8:45 am]
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