federal_register: 03-8152
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| 03-8152 | Section 126 Rule: Withdrawal Provision | Proposed Rule | In today's action, EPA is proposing to revise one narrow aspect of a final rule published on January 18, 2000, known as the Section 126 Rule. The EPA promulgated the rule in response to petitions submitted by four Northeastern States under section 126 of the Clean Air Act (CAA) for the purpose of mitigating interstate transport of nitrogen oxides (NO<INF>X</INF>) and ozone. Nitrogen oxides are one of the main precursors of ground-level ozone pollution. The Section 126 Rule requires electric generating units (EGUs) and non-electric generating units (non-EGUs) located in 12 eastern States and the District of Columbia to reduce their NO<INF>X</INF> emissions through a NO<INF>X</INF> cap-and-trade program. Originally, EPA harmonized the Section 126 Rule with a related ozone transport rule, known as the NO<INF>X</INF> State implementation plan call (NO<INF>X</INF> SIP Call), which also addresses NO<INF>X</INF> and ozone transport in the eastern United States. The EPA established the same compliance date for both rules, May 1, 2003. Where States adopted, and EPA approved, SIPs meeting the NO<INF>X</INF> SIP Call, and with a May 1, 2003 compliance date, EPA would withdraw the Section 126 requirements for sources in that State. This was a practical way to address the overlap between the two rules. As a result of court actions, the compliance dates for the Section 126 Rule and the NO<INF>X</INF> SIP Call have now been delayed until May 31, 2004. In addition, the NO<INF>X</INF> SIP Call has been divided into two phases. Therefore, EPA is proposing to revise the Section 126 withdrawal provision so that it will operate under these new circumstances. In today's action, EPA is proposing to withdraw the Section 126 Rule if a State adopts, and EPA approves, a SIP with a May 31, 2004 compliance date that meets either the full NO<INF>X</INF> SIP Call or Phase 1 where the State is regulating the Section 126 sources to the same stringency as the Section 126 Rule. | 2003-04-04 | 2003 | 4 | https://www.federalregister.gov/documents/2003/04/04/03-8152/section-126-rule-withdrawal-provision | https://www.govinfo.gov/content/pkg/FR-2003-04-04/pdf/03-8152.pdf | Environmental Protection Agency | 145 | In today's action, EPA is proposing to revise one narrow aspect of a final rule published on January 18, 2000, known as the Section 126 Rule. The EPA promulgated the rule in response to petitions submitted by four Northeastern States under section 126... |