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Interstate Transport of Fine Particulate Matter: Revision of Federal Implementation Plan Requirements for Texas

air-emissions · Rule · Published 2017-09-29 · Effective 2017-09-29 · TX · 82 FR 45481

Document

Document number
2017-20832
Federal Register citation
82 FR 45481
CFR reference
40 CFR 52
Type
Rule
Action
Final rule.
Category
air-emissions
Publication date
2017-09-29
Effective date
2017-09-29
State
TX
EPA docket
EPA-HQ-OAR-2016-0598

Abstract

The Environmental Protection Agency (EPA) is finalizing withdrawal of the federal implementation plan (FIP) provisions that require affected electricity generating units (EGUs) in Texas to participate in Phase 2 of the Cross-State Air Pollution Rule (CSAPR) trading programs for annual emissions of sulfur dioxide (SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>). Withdrawal of the FIP requirements is intended to address a decision of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanding the CSAPR Phase 2 SO<INF>2</INF> budget for Texas to the EPA for reconsideration. With this action, the EPA is also determining that, following withdrawal of the FIP requirements, sources in Texas do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 1997 national ambient air quality standard (NAAQS) for fine particulate matter (PM<INF>2.5</INF>). Accordingly, we are also determining that the EPA has no obligation to issue new FIP requirements for Texas sources to address transported PM<INF>2.5</INF> pollution under Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) with regard to that NAAQS. Finally, the EPA is also affirming the continued validity of the Agency's 2012 determination that participation in CSAPR meets the Regional Haze Rule's criteria for an alternative to the application of source- specific best available retrofit technology (BART). The EPA has determined that changes to CSAPR's geographic scope resulting from the actions EPA has taken or expects to take in response to the D.C. Circuit's remand do not affect the continued validity of participation in CSAPR as a BART alternative, because the changes in geographic scope would not have adversely affected the results of the air quality modeling analysis upon which the EPA based the 2012 determination.

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Federal Register document
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