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2010-09-23
article
Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
Rules and Regulations
D09002ee1bdd8047b
D09002ee1bdd80506
United States
Environmental Protection Agency
originator
org
United States Government Agency or Subagency
EPA is taking interim final action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO<INF>2</INF>) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid- 2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program.
73 FR 75959
https://www.govinfo.gov/app/details/FR-2008-12-15/E8-29382
E8-29382
fr15de08-13
RIN 2060-AP35
6560-50-P
EPA-HQ-OAR-2008-0744
FRL-8750-8
https://www.govinfo.gov/app/details/FR-2008-12-15/E8-29382
https://www.govinfo.gov/content/pkg/FR-2008-12-15/html/E8-29382.htm
https://www.govinfo.gov/content/pkg/FR-2008-12-15/pdf/E8-29382.pdf
Environmental Protection
Acid Rain
Administrative Practice and Procedure
Air Pollution Control
Electric Utilities
Intergovernmental Relations
Reporting and Recordkeeping Requirements
Sulfur Oxides
10 p.
75959
75968
73 FR 75959
Code of Federal Regulations
Title 40 Part 72
40 CFR Part 72
Code of Federal Regulations
Title 40 Part 73
40 CFR Part 73
Code of Federal Regulations
Title 40 Part 74
40 CFR Part 74
Code of Federal Regulations
Title 40 Part 77
40 CFR Part 77
Code of Federal Regulations
Title 40 Part 78
40 CFR Part 78
Regulation Identification Number 2060-AP35
RIN 2060-AP35
Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules; Federal Register Vol. 73, Issue
RULE
E8-29382
ENVIRONMENTAL PROTECTION AGENCY
2008-12-15
EPA-HQ-OAR-2008-0744
FRL-8750-8
6560-50-P
E8-29382
Interim final rule.
EPA is taking interim final action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO<INF>2</INF>) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid- 2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program.
This action is effective on December 15, 2008 and will continue in effect until December 15, 2009.
Dwight C. Alpern, Clean Air Markets Division, U.S. Environmental Protection Agency, Clean Air Markets Division, MC 6204J, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone (202) 343-9151, e-mail at alpern.dwight@epa.gov. Electronic copies of this document can be accessed through the EPA Web site at: http://www.epa.gov/airmarkets.
Environmental Protection
Acid Rain
Administrative Practice and Procedure
Air Pollution Control
Electric Utilities
Intergovernmental Relations
Reporting and Recordkeeping Requirements
Sulfur Oxides
Acid Rain Program Rules; Rulemaking to Reaffirm the Promulgation of Revisions,
alpern.dwight@epa.gov
http://www.epa.gov/airmarkets
http://www.regulations.gov
Federal Register
Vol. 73, no. 241
Office of the Federal Register, National Archives and Records Administration
2008-12-15
continuing
daily
deposited
born digital
277 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2008-12-15
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https://www.govinfo.gov/content/pkg/FR-2008-12-15/pdf/FR-2008-12-15.pdf
https://www.govinfo.gov/content/pkg/FR-2008-12-15/xml/FR-2008-12-15.xml
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DGPO
2010-09-23
2023-05-02
FR-2008-12-15
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FR-2008-12-15
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