[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Rules and Regulations]
[Pages 52931-52932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22382]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-6862-9]
Notice of Availability of Responses to Comments on Proposed
Rulemaking for Section 126 Petitions for Purposes of Reducing
Interstate Ozone Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: The EPA conducted an extensive rulemaking on petitions filed
by eight Northeastern States under section 126 of the Clean Air Act
(CAA). These petitions sought to reduce interstate transport of
nitrogen oxides (NOX), one of the precursors of ground-level
ozone. During part of the rulemaking process and after EPA had taken
one final action on the petitions (64 FR 28250, May 25, 1999), EPA
issued a proposal (64 FR 33962, June 24, 1999) and solicited comments
on a set of discrete issues. In response, a number of comments were
submitted that were outside the scope of the June 24, 1999 proposal and
that, effectively, sought reconsideration of issues on which EPA had
already taken final action. On January 18, 2000, the Agency took final
action on the June 24, 1999 proposal, and noted that it would respond
to those comments at a later date. This notice informs the public that
EPA has responded separately to those comments and that the responses
are now available in the docket (Docket Number A-97-43).
ADDRESSES: Documents relevant to this action are available for
inspection at the Air and Radiation Docket and Information Center
(6102), Attention: Docket No. A-97-43, U.S. Environmental Protection
Agency, 401 M Street SW, room M-1500, Washington, DC 20460, telephone
(202) 260-7548 between 8:00 a.m. and 5:30 p.m., Monday though Friday,
excluding legal holidays. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Questions concerning today's action
should be addressed to David Cole, Office of Air Quality Planning and
Standards, Air Quality Strategies and Standards Division, MD-15,
Research Triangle Park, NC, 27711, telephone (919) 541-5565, e-mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Availability of Related Information
The official record for the section 126 rulemaking, as well as the
public version of the record, has been established under docket number
A-97-43. The public version of this record, including printed, paper
versions of electronic comments, which does not include any information
claimed as confidential business information, is available for
inspection from 8:00 a.m. to 5:30 p.m., Monday through Friday,
excluding legal holidays. The official rulemaking record is located at
the address in ADDRESSES at the beginning of this document. In
addition, the Federal Register rulemakings and associated documents are
located on EPA's websites at http://www.epa.gov/ttn/rto/126 and at
http://www.epa.gov/acidrain/modlrule/main.html#126.
Background
On May 25, 1999 (64 FR 28250), EPA made final determinations that
portions of the petitions filed by eight Northeastern States under
section 126 of the CAA are technically meritorious. The petitions
sought to mitigate what they described as significant transport of one
of the main precursors of ground-level ozone, NOX, across
State boundaries. Each petition specifically requested that EPA make a
finding that certain stationary sources emit NOX in
violation of the CAA's prohibition on emissions that significantly
contribute to nonattainment problems in the petitioning State.
On June 24, 1999 (64 FR 33962), EPA proposed to revise two aspects
of the May 25, 1999 final rule. The EPA proposed to stay indefinitely
the affirmative technical determinations based on the 8-hour standard
pending further developments in the litigation of that standard (see 64
FR 33956, June 24, 1999). The EPA also proposed to remove the trigger
mechanism for making section 126 findings that was based on deadlines
specified in a related EPA action to reduce interstate transport of
ozone, the NOX State implementation plan (SIP) call, and to
instead make the findings under the 1-hour standard.
The EPA finalized the revisions to the May 25, 1999 final rule on
January 18, 2000 (65 FR 2674). In this revised rule, EPA noted that it
received comments on the June 24, 1999 proposal that the Agency
considers to be outside the scope of that proposal. These comments
relate primarily to issues that have been addressed previously either
in the NOX SIP call final rule, the NOX SIP call
response to comments document, the May 25, 1999 final rule for the
section 126 petitions, or the April 1999 response to comments document
for the section 126 petitions. Although these comments were outside the
scope of the rulemaking, EPA responded to most of them in the revised
rule of January 18, 2000.
The EPA did not, in the revised rule, respond to certain comments
that the Agency believes should be considered to be, in effect,
petitions for reconsideration of the May 25, 1999 section 126 final
rule. By today's action, EPA is notifying the public that EPA has
responded to these comments separately in a document placed in the
rulemaking docket for the section 126 petitions (A-97-43), document
number XII-A-01.
[[Page 52932]]
Dated: August 24, 2000.
Carol M. Browner,
Administrator.
[FR Doc. 00-22382 Filed 8-30-00; 8:45 am]
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