Environmental Protection Agency 40 CFR Parts 51, 72, Et Al
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Thursday, May 12, 2005 Part II Environmental Protection Agency 40 CFR Parts 51, 72, et al. 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; Final Rule VerDate jul<14>2003 20:31 May 11, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12MYR2.SGM 12MYR2 25162 Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Rules and Regulations ENVIRONMENTAL PROTECTION Today’s action also includes revisions [email protected]. For questions AGENCY to the Acid Rain Program regulations regarding air quality analyses, please under title IV of the CAA, particularly contact Norm Possiel, U.S. EPA, Office 40 CFR Parts 51, 72, 73, 74, 77, 78 and the regulatory provisions governing the of Air Quality Planning and Standards, 96 SO2 cap and trade program. The Emissions Monitoring and Analysis [OAR–2003–0053; FRL–7885–9] revisions are made because they Division, Mail Code D243–01, Research streamline the operation of the Acid Triangle Park, NC, 27711, telephone RIN 2060–AL76 Rain SO2 cap and trade program and/or (919) 541–5692, e-mail at facilitate the interaction of that cap and [email protected]. For questions Rule To Reduce Interstate Transport of trade program with the model SO2 cap regarding the EGU cost analyses, Fine Particulate Matter and Ozone and trade program included in today’s emissions inventories, and budgets, (Clean Air Interstate Rule); Revisions action. In addition, today’s action please contact Roman Kramarchuk, U.S. to Acid Rain Program; Revisions to the provides for the NO SIP Call cap and NO SIP Call X EPA, Office of Atmospheric Programs, X trade program to be replaced by the Clean Air Markets Division, Mail Code AGENCY: Environmental Protection CAIR ozone-season NOX trading 6204J, 1200 Pennsylvania Avenue, NW., Agency (EPA). program. Washington, DC, 20460, telephone (202) ACTION: Final rule. DATES: The effective date of today’s 343–9089, e-mail at action, except for the revisions to 40 [email protected]. For SUMMARY: In today’s action, EPA finds CFR parts 72, 73, 74, and 77 of the Acid questions regarding statewide emissions that 28 States and the District of Rain Program regulations, is July 11, inventories, please contact Ron Ryan, Columbia contribute significantly to 2005. States must submit to EPA for U.S. EPA, Office of Air Quality Planning nonattainment of the national ambient approval enforceable plans for and Standards, Emissions Monitoring air quality standards (NAAQS) for fine complying with the requirements of this and Analysis Division, Mail Code D205– particles (PM2.5) and/or 8-hour ozone in rule by September 11, 2006. The 01, Research Triangle Park, NC, 27711, downwind States. The EPA is requiring effective date for today’s revisions to 40 telephone (919) 541–4330, e-mail at these upwind States to revise their State CFR parts 72, 73, 74, and 77 of the Acid [email protected]. For questions implementation plans (SIPs) to include Rain Program regulations is July 1, 2006. regarding emissions reporting control measures to reduce emissions of ADDRESSES: requirements, please contact Bill sulfur dioxide (SO ) and/or nitrogen The EPA has established a 2 docket for this action under Docket ID Kuykendal, U.S. EPA, Office of Air oxides (NOX). Sulfur dioxide is a Quality Planning and Standards, precursor to PM formation, and NO No. OAR–2003–0053. All documents in 2.5 X the docket are listed in the EDOCKET Emissions Monitoring and Analysis is a precursor to both ozone and PM2.5 Division, Mail Code D205–01, Research formation. Reducing upwind precursor index at http://www.epa.gov/edocket. Although listed in the index, some Triangle Park, NC, 27711, telephone emissions will assist the downwind (919) 541–5372, e-mail at PM and 8-hour ozone nonattainment information is not publicly available, 2.5 i.e., Confidential Business Information [email protected]. For questions areas in achieving the NAAQS. regarding the model cap and trade Moreover, attainment will be achieved (CBI) or other information whose disclosure is restricted by statute. programs, please contact Sam Waltzer, in a more equitable, cost-effective U.S. EPA, Office of Atmospheric manner than if each nonattainment area Certain other material, such as Programs, Clean Air Markets Division, attempted to achieve attainment by copyrighted material, is not placed on Mail Code 6204J, 1200 Pennsylvania implementing local emissions the Internet and will be publicly Avenue, NW., Washington, DC, 20460, reductions alone. available only in hard copy form. Based on State obligations to address Publicly available docket materials are telephone (202) 343–9175, e-mail at interstate transport of pollutants under available either electronically in [email protected]. For questions section 110(a)(2)(D) of the Clean Air Act EDOCKET or in hard copy at the EPA regarding analyses required by statutes (CAA), EPA is specifying statewide Docket Center, EPA West, Room B102, and executive orders, please contact emissions reduction requirements for 1301 Constitution Avenue, NW., Linda Chappell, U.S. EPA, Office of Air Washington, DC. The Public Reading Quality Planning and Standards, Air SO2 and NOX. The EPA is specifying that the emissions reductions be Room is open from 8:30 a.m. to 4:30 Quality Strategies and Standards implemented in two phases. The first p.m., Monday through Friday, excluding Division, Mail Code C339–01, Research Triangle Park, NC, 27711, telephone phase of NOX reductions starts in 2009 legal holidays. The telephone number (covering 2009–2014) and the first phase for the Public Reading Room is (202) (919) 541–2864, e-mail at [email protected]. For questions of SO2 reductions starts in 2010 566–1744, and the telephone number for (covering 2010–2014); the second phase the Air Docket is (202) 566–1742. regarding the Acid Rain Program regulation revisions, please contact of reductions for both NOX and SO2 FOR FURTHER INFORMATION CONTACT: For starts in 2015 (covering 2015 and general questions concerning today’s Dwight C. Alpern, U.S. EPA, Office of thereafter). The required emissions action, please contact Carla Oldham, Atmospheric Programs, Clean Air reductions requirements are based on U.S. EPA, Office of Air Quality Planning Markets Division, Mail Code 6204J, controls that are known to be highly and Standards, Air Quality Strategies 1200 Pennsylvania Avenue, NW., cost effective for electric generating and Standards Division, Mail Code Washington, DC, 20460, telephone (202) units (EGUs). C539–02, Research Triangle Park, NC, 343–9151, e-mail at Today’s action also includes model 27711, telephone (919) 541–3347, e-mail [email protected]. rules for multi-State cap and trade at [email protected]. For legal SUPPLEMENTARY INFORMATION: programs for annual SO2 and NOX questions, please contact Sonja Regulated Entities emissions for PM2.5 and seasonal NOX Petersen, U.S. EPA, Office of General emissions for ozone that States can Counsel, Mail Code 2344A, 1200 Except for the revisions to the Acid choose to adopt to meet the required Pennsylvania Avenue, NW., Rain Program regulations, this action emissions reductions in a flexible and Washington, DC, 20460, telephone (202) does not directly regulate emissions cost-effective manner. 564–4079, e-mail at sources. Instead, it requires States to VerDate jul<14>2003 20:31 May 11, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12MYR2.SGM 12MYR2 Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Rules and Regulations 25163 revise their SIPs to include control Entities potentially regulated by the electricity, generate steam, or cogenerate measures to reduce emissions of NOX revisions to the Acid Rain Program electricity and steam. Regulated and SO2. The emissions reductions regulations in this action are fossil-fuel- categories and entities include: requirement assigned to the States are fired boilers, turbines, and internal based on controls that are known to be combustion engines, including those highly cost effective for EGUs. that serve generators producing Category 1 NAICS code Examples of potentially regulated entities Industry ...................... 221112 and oth- Electric service providers, boilers, turbines, and internal combustion engines from a wide range of ers industries. Federal government .. 221122 Fossil fuel-fired electric utility steam generating units owned by the Federal government. State/local/Tribal gov- 221122 Fossil fuel-fired electric utility steam generating units owned by municipalities. Fossil fuel-fired elec- ernment. 921150 tric utility steam generating units in Indian Country. 1 North American Industry Classification System. 2 Federal, State, or local government-owned and operated establishments are classified according to the activity in which they are engaged. This table is not intended to be A. How Did EPA Interpret the Clean Air 2. How Did EPA Determine That exhaustive, but rather provides a guide Act’s Pollution Transport Provisions in Reductions in Interstate Transport, as for readers regarding entities likely to be the NOX SIP Call? Well as Reductions in Local Emissions, regulated by the revisions to the Acid 1. Clean Air Act Requirements Are Warranted to Help Ozone Nonattainment Areas to Meet the 8-hour Rain Program regulations in this action. 2. The NOX SIP Call Rulemaking a. Analytical Approach of NOX SIP Call Ozone Standard? This table lists the types of entities that b. Regulatory Requirements a. What Did EPA Say in its Proposal EPA is aware could potentially be c. SIP Submittal and Implementation Notice? regulated. Other types of entities not Requirements b. What Did Commenters Say? listed in the table could also be 3. Michigan v. EPA Court Case C. Comments on Excluding Future Case regulated. To determine whether your 4.