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2017-09-29
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Interstate Transport of Fine Particulate Matter: Revision of Federal Implementation Plan Requirements for Texas
Rules and Regulations
D09002ee1bdbad17c
D09002ee1bdbad2be
United States
Environmental Protection Agency
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United States Government Agency or Subagency
The Environmental Protection Agency (EPA) is finalizing withdrawal of the federal implementation plan (FIP) provisions that require affected electricity generating units (EGUs) in Texas to participate in Phase 2 of the Cross-State Air Pollution Rule (CSAPR) trading programs for annual emissions of sulfur dioxide (SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>). Withdrawal of the FIP requirements is intended to address a decision of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanding the CSAPR Phase 2 SO<INF>2</INF> budget for Texas to the EPA for reconsideration. With this action, the EPA is also determining that, following withdrawal of the FIP requirements, sources in Texas do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 1997 national ambient air quality standard (NAAQS) for fine particulate matter (PM<INF>2.5</INF>). Accordingly, we are also determining that the EPA has no obligation to issue new FIP requirements for Texas sources to address transported PM<INF>2.5</INF> pollution under Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) with regard to that NAAQS. Finally, the EPA is also affirming the continued validity of the Agency's 2012 determination that participation in CSAPR meets the Regional Haze Rule's criteria for an alternative to the application of source- specific best available retrofit technology (BART). The EPA has determined that changes to CSAPR's geographic scope resulting from the actions EPA has taken or expects to take in response to the D.C. Circuit's remand do not affect the continued validity of participation in CSAPR as a BART alternative, because the changes in geographic scope would not have adversely affected the results of the air quality modeling analysis upon which the EPA based the 2012 determination.
82 FR 45481
https://www.govinfo.gov/app/details/FR-2017-09-29/2017-20832
2017-20832
fr29se17-14
RIN 2060-AT16
6560-50-P
EPA-HQ-OAR-2016-0598
FRL-9968-46-OAR
https://www.govinfo.gov/app/details/FR-2017-09-29/2017-20832
https://www.govinfo.gov/content/pkg/FR-2017-09-29/html/2017-20832.htm
https://www.govinfo.gov/content/pkg/FR-2017-09-29/pdf/2017-20832.pdf
Environmental Protection
Administrative Practice and Procedure
Air Pollution Control
Incorporation by Reference
Intergovernmental Relations
Nitrogen Oxides
Ozone
Particulate Matter
Regional Haze
Reporting and Recordkeeping Requirements
Sulfur Dioxide
17 p.
45481
45497
82 FR 45481
Code of Federal Regulations
Title 40 Part 52
40 CFR Part 52
Regulation Identification Number 2060-AT16
RIN 2060-AT16
Interstate Transport of Fine Particulate Matter: Revision of Federal Implementation Plan Requirements for Texas; Federal Register Vol. 82, Issue
RULE
2017-20832
ENVIRONMENTAL PROTECTION AGENCY
2017-09-29
EPA-HQ-OAR-2016-0598
FRL-9968-46-OAR
6560-50-P
2017-20832
Final rule.
The Environmental Protection Agency (EPA) is finalizing withdrawal of the federal implementation plan (FIP) provisions that require affected electricity generating units (EGUs) in Texas to participate in Phase 2 of the Cross-State Air Pollution Rule (CSAPR) trading programs for annual emissions of sulfur dioxide (SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>). Withdrawal of the FIP requirements is intended to address a decision of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanding the CSAPR Phase 2 SO<INF>2</INF> budget for Texas to the EPA for reconsideration. With this action, the EPA is also determining that, following withdrawal of the FIP requirements, sources in Texas do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 1997 national ambient air quality standard (NAAQS) for fine particulate matter (PM<INF>2.5</INF>). Accordingly, we are also determining that the EPA has no obligation to issue new FIP requirements for Texas sources to address transported PM<INF>2.5</INF> pollution under Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) with regard to that NAAQS. Finally, the EPA is also affirming the continued validity of the Agency's 2012 determination that participation in CSAPR meets the Regional Haze Rule's criteria for an alternative to the application of source- specific best available retrofit technology (BART). The EPA has determined that changes to CSAPR's geographic scope resulting from the actions EPA has taken or expects to take in response to the D.C. Circuit's remand do not affect the continued validity of participation in CSAPR as a BART alternative, because the changes in geographic scope would not have adversely affected the results of the air quality modeling analysis upon which the EPA based the 2012 determination.
This final rule is effective on September 29, 2017.
Questions about the withdrawal of CSAPR FIP requirements for Texas EGUs should be directed to David Lifland, Clean Air Markets Division, Office of Atmospheric Programs, U.S. Environmental Protection Agency, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 343-9151;
Environmental Protection
Administrative Practice and Procedure
Air Pollution Control
Incorporation by Reference
Intergovernmental Relations
Nitrogen Oxides
Ozone
Particulate Matter
Regional Haze
Reporting and Recordkeeping Requirements
Sulfur Dioxide
Air Quality State Implementation Plans; Approvals and Promulgations:
Texas; Revision of Federal Implementation Plan Requirements for Interstate Transport of Fine Particulate Matter
,
beaver.melinda@epa.gov
lifland.david@epa.gov
http://www.regulations.gov
http://www2.epa.gov/laws-regulations/laws-and-executive-orders
Federal Register
Vol. 82, no. 188
Office of the Federal Register, National Archives and Records Administration
2017-09-29
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deposited
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268 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2017-09-29
P0b002ee19705445b
0097-6326
0042-1219
0364-1406
769-004-00000-9
000582072
f:fr29se17
https://www.govinfo.gov/app/details/FR-2017-09-29
https://www.govinfo.gov/content/pkg/FR-2017-09-29/pdf/FR-2017-09-29.pdf
https://www.govinfo.gov/content/pkg/FR-2017-09-29/xml/FR-2017-09-29.xml
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2017-09-29
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FR-2017-09-29
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FR-2017-09-29
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