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6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51, 78, and 97 [FRL- ]

6560-50-P


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 78, and 97
[FRL- ]
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:
Final rule.
SUMMARY: In todays action, EPA is establishing the final
full nitrogen oxides (NOx) budgets for States subject to
the NOx State implementation plan (SIP) Call. This final
rule requires States that submitted SIPs to meet the
Phase I NOx SIP Call budgets to submit Phase II SIP
revisions as needed to achieve the necessary incremental
reductions of NOx. It also requires Georgia and Missouri
to submit SIP revisions meeting the full NOx SIP Call
budgets since they were not required to submit Phase I
SIPs. These SIPS are necessary to prohibit specified
amounts of emissions of NOx one of the precursors to 2
ozone (smog) pollution for the purposes of reducing NOx
and ozone transport across State boundaries in the
eastern half of the United States.
In todays action, we are amending two related final
rules we issued under sections 110 and 126 of the Clean
Air Act (CAA) related to interstate transport of NOx. We
are responding to the March 3, 2000 decision of the
United States Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) in which the Court
largely upheld the NOx SIP Call, but remanded four narrow
issues to us for further rulemaking action; the related
decision by the D.C. Circuit on June 8, 2001, concerning
the rulemakings providing technical amendments to the NOx
SIP Call in which the Court, among other things, vacated
and remanded an issue for further rulemaking; the
decision by the D.C. Circuit on May 15, 2001, concerning
the related Section 126 rulemaking in which the Court,
among other things, vacated and remanded an issue for
further rulemaking; and the related decision by the D.C.
Circuit on August 24, 2001, concerning the Section 126
Rule, in which the Court remanded an issue.
We are also taking final action on modifications 3
that were proposed on June 13, 2001 to the Appeal
Procedures and to the Federal NOx Budget Trading Program.
Todays final rule completes action on the June 13, 2001
proposed rule revisions for sources subject to the
Federal NOx Budget Trading Program under the Section 126
final rule.
The specific issues addressed in this action are
described below under SUPPLEMENTARY INFORMATION.
DATES: This rule is effective [insert date 60 days after
publication].
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
king.jan@epa.gov
. Technical questions
concerning electric generating units (EGUs) should be
directed to Kevin Culligan, Office of Atmospheric
Programs, Clean Air Markets Division, (6204M), 1200
Pennsylvania Ave., NW, Washington, DC 20460, telephone
(202) 564-9172, e-mail
culligan.kevin@epa.gov
; technical
questions concerning stationary internal combustion (IC) 4
engines should be directed to Doug Grano, Office of Air
Quality Planning and Standards, C539-02, Research
Triangle Park, North Carolina 27711, telephone (919)541-
3292, e-mail
grano.doug@epa.gov
; legal questions should
be directed to Winifred Okoye, Office of General Counsel,
(2344A), 1200 Pennsylvania Ave., NW, Washington, DC
20460, telephone (202) 564-5446, e-mail
okoye.winifred@epa.gov
.
SUPPLEMENTARY INFORMATION:
I. General Information
A.
Todays action addresses the issues remanded or
vacated 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).
Todays action establishes the second phase or Phase
II of the NOx SIP Call by:
(1)
finalizing the definition of EGU as applied to 5
certain small cogeneration units,
(2)
setting the control levels for stationary IC
engines,
(3)
excluding portions of Georgia, Missouri, Alabama and
Michigan from the NOx SIP Call,
(4)
revising statewide emissions budgets in the NOx SIP
Call to reflect the disposition of the first three
issues above,
(5)
setting a SIP submittal date,
(6)
setting the compliance date for implementation of
control measures, and
(7)
excluding Wisconsin from NOx SIP Call requirements.
For more detailed discussions of the issues
addressed in this action, see section II below.
Ground-level ozone has long been recognized to
affect public health. Ozone induces 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 6
inflammation of the lungs, and possible long-term damage
to the lungs. Each year, ground-level ozone is also
responsible for crop yield losses. Ozone also causes
noticeable foliar damage in many crops, trees, and
ornamental plants (i.e., grass, flowers, shrubs, and
trees) and causes reduced growth in plants. Studies
indicate that current ambient levels of ozone are
responsible for damage to forests and ecosystems
(including habitat for native animal species).
B. How Can I Get Copies of Related Information?
1. Docket. EPA has established an official public
docket for this action under Docket ID No. OAR-2001-0008;
it has also been incorporated by reference in the docket
for the Section 126 Rule under Docket ID No. OAR-2001-
0009.

The official public docket consists of the
documents specifically referenced in this action, any
public comments received, and other information related
to this action. Although a part of the official docket,
the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure
is restricted by statute. Documents in the official
public docket are listed in the index list in EPAs 7
electronic public docket and comment system, EDOCKET.
Documents may be available either electronically or in
hard copy. Electronic documents may be viewed through
EDOCKET. Hard copy documents may be viewed at the Air
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW, Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742; fax (202) 566-1741. A
reasonable fee may be charged for copying.
2. Electronic Access. You may access this Federal
Register document electronically through the EPA Internet
under the Federal Register listings at
http://www.epa.gov/fedrgstr/
or the federal wide
eRulemaking
site at
www.regulations.gov
.
An electronic version of the public docket is
available through EDOCKET. You may use EDOCKET at
http://www.epa.gov/edocket/
to view public comments,
access the index listing of the contents of the official 8
public docket, and to access those documents in the
public docket that are available electronically.
Publicly available docket materials that are not
available electronically may be viewed at the docket
facility identified in Unit I.B. Once in the system,
select search, then key in the appropriate docket
identification number.
Public Hearing
We held a public hearing in Washington D.C. on March
15, 2002. Four people presented comments at the hearing.
The public also had an opportunity to submit written
testimony within approximately 45 days after the hearing
date.
Outline
I.
Background
A.
What Was Contained in the NOx SIP Call?
B.
What Were the Court Decisions on the NOx SIP Call?
1.
What Was the Decision of the Court on the 8-hour
Ozone NAAQS?
2.
What Effect Did The Court Decision Have on the 8-
Hour Portion of the NOx SIP Call?
3.
What Was the D.C. Circuit Decision on the Stay of
the SIP Submittal Schedule for the NOx SIP Call?
4.
What Was the Courts Decision on the NOx SIP Call?
5.