Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards; Response to Judicial Stay

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Federal RegisterNov 6, 2024
89 Fed. Reg. 87960 (Nov. 6, 2024)
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    Environmental Protection Agency
  • 40 CFR Parts 52 and 97
  • [EPA-HQ-OAR-2021-0668; FRL-8670.4-03-OAR]
  • RIN 2060-AW30
  • AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Interim final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking interim final action to stay, for emissions sources in California, Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and Wisconsin, the effectiveness of the requirements established to address the obligations of these and other states to mitigate interstate air pollution with respect to the 2015 national ambient air quality standards (NAAQS) for ozone (the Good Neighbor Plan). The EPA is also revising certain other regulations to ensure the continued implementation of previously established requirements to mitigate interstate air pollution with respect to other ozone NAAQS while the effectiveness of the Good Neighbor Plan's requirements is stayed. The stay and the associated revisions to other regulations are being issued in response to a judicial order staying enforcement of the Good Neighbor Plan as to the stay applicants pending judicial review.

    DATES:

    This interim final rule is effective November 6, 2024.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2021-0668. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    David Lifland, Clean Air and Power Division, Office of Atmospheric Protection, Office of Air and Radiation, U.S. Environmental Protection Agency, Mail Code 6204A, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 343-9151; email address: lifland.david@epa.gov.

    SUPPLEMENTARY INFORMATION:

    I. General

    A. Potentially Affected Entities

    This action revises on an interim basis the Good Neighbor Plan (the Plan), which includes regulations addressing emissions from electricity generating units (EGUs) and non-EGU industrial sources. This action also revises other allowance trading program regulations that apply to EGUs but not to non-EGU sources. The affected sources are generally in the following industry groups:

    Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards, 88 FR 36654 (June 5, 2023).

    Industry group North American Industry Classification System (NAICS) code
    Fossil Fuel Electric Power Generation 221112
    Pipeline Transportation of Natural Gas 4862
    Cement and Concrete Product Manufacturing 3273
    Iron and Steel Mills and Ferroalloy Manufacturing 3311
    Glass and Glass Product Manufacturing 3272
    Basic Chemical Manufacturing 3251
    Petroleum and Coal Products Manufacturing 3241
    Pulp, Paper, and Paperboard Mills 3221
    Metal Ore Mining 2122
    Solid Waste Combustors and Incinerators 562213