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Interstate Ozone Transport: Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules

air-emissions · Rule · Published 2004-04-21 · Effective 2004-06-21 · 69 FR 21604

Document

Document number
04-7973
Federal Register citation
69 FR 21604
CFR reference
40 CFR 51
Type
Rule
Action
Final rule.
Category
air-emissions
Publication date
2004-04-21
Effective date
2004-06-21
EPA docket
FRL-7644-7

Abstract

In today's action, EPA is establishing the final full nitrogen oxides (NO<INF>X</INF>) budgets for States subject to the NO<INF>X</INF> State implementation plan (SIP) Call. This final rule requires States that submitted SIPs to meet the Phase I NO<INF>X</INF> SIP Call budgets to submit Phase II SIP revisions as needed to achieve the necessary incremental reductions of NO<INF>X</INF>. It also requires Georgia and Missouri to submit SIP revisions meeting the full NO<INF>X</INF> SIP Call budgets since they were not required to submit Phase I SIPs. These SIPs are necessary to prohibit specified amounts of emissions of NO<INF>X</INF>--one of the precursors to ozone (smog) pollution--for the purposes of reducing NO<INF>X</INF> and ozone transport across State boundaries in the eastern half of the United States. In today's 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 NO<INF>X</INF>. We are responding to the March 3, 2000 decision of the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) in which the Court largely upheld the NO<INF>X</INF> SIP Call, but remanded four narrow issues to us for further rulemaking action; the related decision by the DC Circuit on June 8, 2001, concerning the rulemakings providing technical amendments to the NO<INF>X</INF> SIP Call in which the Court, among other things, vacated and remanded an issue for further rulemaking; the decision by the DC 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 DC 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 that were proposed on June 13, 2001 to the Appeal Procedures and to the Federal NO<INF>X</INF> Budget Trading Program. Today's fin

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