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RuleSignificant05-57232005-05-12

Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NOX SIP Call

Environmental Protection Agency

Abstract

In today's action, EPA finds that 28 States and the District of Columbia contribute significantly to nonattainment of the national ambient air quality standards (NAAQS) for fine particles (PM<INF>2.5</INF>) and/or 8-hour ozone in downwind States. The EPA is requiring these upwind States to revise their State implementation plans (SIPs) to include control measures to reduce emissions of sulfur dioxide (SO<INF>2</INF>) and/or nitrogen oxides (NO<INF>X</INF>). Sulfur dioxide is a precursor to PM<INF>2.5</INF> formation, and NO<INF>X</INF> is a precursor to both ozone and PM<INF>2.5</INF> formation. Reducing upwind precursor emissions will assist the downwind PM<INF>2.5</INF> and 8-hour ozone nonattainment areas in achieving the NAAQS. Moreover, attainment will be achieved in a more equitable, cost- effective manner than if each nonattainment area attempted to achieve attainment by implementing local emissions reductions alone. Based on State obligations to address interstate transport of pollutants under section 110(a)(2)(D) of the Clean Air Act (CAA), EPA is specifying statewide emissions reduction requirements for SO<INF>2</INF> and NO<INF>X</INF>. The EPA is specifying that the emissions reductions be implemented in two phases. The first phase of NO<INF>X</INF> reductions starts in 2009 (covering 2009-2014) and the first phase of SO<INF>2</INF> reductions starts in 2010 (covering 2010- 2014); the second phase of reductions for both NO<INF>X</INF> and SO<INF>2</INF> starts in 2015 (covering 2015 and thereafter). The required emissions reductions requirements are based on controls that are known to be highly cost effective for electric generating units (EGUs). Today's action also includes model rules for multi-State cap and trade programs for annual SO<INF>2</INF> and NO<INF>X</INF> emissions for PM<INF>2.5</INF> and seasonal NO<INF>X</INF> emissions for ozone that States can choose to adopt to meet the required emissions reductions in a flexible and cost-effective manner. Today's action also includes revisions to the Acid Rain Program regulations under title IV of the CAA, particularly the regulatory provisions governing the SO<INF>2</INF> cap and trade program. The revisions are made because they streamline the operation of the Acid Rain SO<INF>2</INF> cap and trade program and/or facilitate the interaction of that cap and trade program with the model SO<INF>2</INF> cap and trade program included in today's action. In addition, today's action provides for the NO<INF>X</INF> SIP Call cap and trade program to be replaced by the CAIR ozone-season NO<INF>X</INF> trading program.

Action & Dates

Action
Final rule.
Dates
The effective date of today's action, except for the revisions to 40 CFR parts 72, 73, 74, and 77 of the Acid Rain Program regulations, is July 11, 2005. States must submit to EPA for approval enforceable plans for complying with the requirements of this rule by September 11, 2006. The effective date for today's revisions to 40 CFR parts 72, 73, 74, and 77 of the Acid Rain Program regulations is July 1, 2006.
Effective Date
2005-07-11

CFR References

Topics

Acid rainAdministrative practice and procedureAir pollution controlElectric utilitiesIntergovernmental relationsNitrogen oxidesOzoneParticulate matterReporting and recordkeeping requirements

Public Comment

Comments Close
2006-09-11

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency 40 CFR Parts 51, 72, 73, 74, 77, 78 and 96 [OAR-2003-0053; FRL-7885-9] RIN 2060-AL76 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: In today's action, EPA finds that 28 States and the District of Columbia contribute significantly to nonattainment of the national ambient air quality standards (NAAQS) for fine particles (PM 2.5 ) and/or 8-hour ozone in downwind States. The EPA is requiring these upwind States to revise their State implementation plans (SIPs) to include control measures to reduce emissions of sulfur dioxide (SO 2 ) and/or nitrogen oxides (NO X ). Sulfur dioxide is a precursor to PM 2.5 formation, and NO X is a precursor to both ozone and PM 2.5 formation. Reducing upwind precursor emissions will assist the downwind PM 2.5 and 8-hour ozone nonattainment areas in achieving the NAAQS. Moreover, attainment will be achieved in a more equitable, cost-effective manner than if each nonattainment area attempted to achieve attainment by implementing local emissions reductions alone. Based on State obligations to address interstate transport of pollutants under section 110(a)(2)(D) of the Clean Air Act (CAA), EPA is specifying statewide emissions reduction requirements for SO 2 and NO X . The EPA is specifying that the emissions reductions be implemented in two phases. The first phase of NO X reductions starts in 2009 (covering 2009-2014) and the first phase of SO 2 reductions starts in 2010 (covering 2010-2014);

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 70 FR 25162