Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Reducing Interstate Ozone Transport

In accordance with section 126 of the Clean Air Act (CAA), EPA is proposing action on petitions filed by eight Northeastern States seeking to mitigate what they describe as significant transport of one of the main precursors of ground-level ozone, nitrogen oxides (NO<INF>X</INF>), across State boundaries. Each petition specifically requests that EPA make a finding that NO<INF>X</INF> emissions from certain stationary sources emit in violation of the CAA's prohibition on emissions that significantly contribute to ozone nonattainment problems in the petitioning State. If EPA makes such a finding of significant contribution, EPA is authorized to establish Federal emissions limits for the sources. The eight Northeastern States that filed petitions are Connecticut, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and Vermont. This notice proposes to find that portions of certain petitions are technically meritorious under the test applicable under section 126. The EPA is proposing that the technically meritorious portions of the petitions be deemed granted or denied at certain later dates pending certain actions by the States and EPA regarding State submittals in response to the final NO<INF>X</INF> State implementation plan call (NO<INF>X</INF> SIP call). This notice describes the schedule and conditions under which applicable final findings on the petitions would be automatically triggered. Further, this notice proposes the control requirements that would apply to sources in the source categories for which a final finding is ultimately granted. This notice also proposes to deny certain petitions, in whole or in part. The EPA published a shorter proposal on the section 126 petitions on September 30, 1998 that announced the availability of this longer proposal in the docket and on EPA's Website, announced the public hearing, and requested comment on the proposal. The transport of ozone and its precursors is important because ozone, which is a primary harmful component of urban smog, has long been recognized, in both clinical and epidemiological research, to affect public health. There is a wide range of ozone-induced health effects, including decreased lung function (primarily in children active outdoors), increased respiratory symptoms (particularly in highly sensitive individuals), increased hospital admissions and emergency room visits for respiratory causes (among children and adults with pre-existing respiratory disease such as asthma), increased inflammation of the lung, and possible long-term damage to the lungs.