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satisfy Actions 3 and four) just by referring to Federal measures that were not A part of its SIP and enforceable to be a make any difference of condition regulation. Eventually, it bears emphasizing which the EPA's assessment of your 2015 ozone transportation SIPs has currently accounted with the emissions-cutting down effects of both equally the CSAPR Update along with the Revised CSAPR Update in its baseline air high quality modeling at Steps one and 2, and so pointing to both of those policies as actions that might reduce important contribution at Phase 3, for purposes in the 2015 ozone NAAQS, will be impermissible double-counting. C. Great Neighbor Provision Plan
The EPA is deferring closing motion on Tennessee's fantastic neighbor SIP submission, but in reviewing linkages within the 2016v3 modeling we identified that Minnesota and Wisconsin are certainly not linked higher than one % on the NAAQS to any nonattainment receptors (prong 1) but are associated with routine maintenance-only receptors (prong two); these States are obtaining partial approvals and partial disapprovals. Back to Citation 243. See
conclusion, held which the EPA will have to evaluate air quality at the next downwind attainment date, like Marginal area attainment dates, in assessing The idea for your EPA's denial of a petition beneath CAA section 126(b). Maryland,
” Opinions state that the EPA's disapproval of SIP submissions that took benefit of the flexibilities is arbitrary and capricious as the EPA has improved, without the need of conversation, its thought of what is deemed to get the “essential provisions” expected for an approvable SIP submission as well late during the SIP submission process and because, in disapproving these SIPs, the EPA is applying a steady list of policy judgments throughout all states. EPA Reaction:
294 F.3d at 161. Nor can Delaware's argument be reconciled While using the textual content of The nice Neighbor Provision, which prohibits upwind States from emitting in quantities “which will”
Commenters famous the 2016 base year summer time utmost day by day normal 8-hour (MDA8) ozone predictions through the proposal modeling have been biased minimal as compared to the corresponding calculated concentrations in specific destinations. During this regard, commenters claimed that product functionality data for a variety of monitoring internet sites, particularly People in parts from the West and in the area all around Lake Michigan, were outside the house the array of released general performance standards for normalized imply bias (NMB) and normalized indicate error (NME) of below moreover or minus fifteen % and fewer than twenty five percent, respectively.
87 FR 9507. Whilst the EPA isn't going to endorse or below evaluate the merits of these an strategy, it truly is noteworthy the Condition in that instance did not adopt that tactic, didn't impose that obligation on its sources through enforceable actions by revising its SIP, and presented no clarification for its final decision not to do so. See id.
). Back to Citation 285. Through this time, the EPA also fulfilled its obligations to act on several petitions brought by downwind states underneath area 126(b) with the CAA. These actions culminated in litigation and in the long run adverse decisions in Maryland
One particular comment asserted that 2023 will not be an ideal analytical yr because, based on the commenter, the EPA and at least some downwind states haven't in truth applied mandatory emissions Regulate necessities associated with their nonattainment spots, and North Carolina
The EPA disagrees with each allegations. Within this respect, it's important to 88FED overview the current background of the EPA's regulatory steps and litigation with respect to excellent neighbor obligations for the two the 2008 and 2015 ozone NAAQS, and especially, the significant supplemental workload the Agency took on inside the wake from the remand on the CSAPR Update in Wisconsin.
demand that upwind and downwind point out obligations has to be applied “on par.” The remark also characterizes the EPA's invocation of Maryland
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These reviews mischaracterize the content plus the EPA's software of August 2018 memorandum. More, the EPA disputes which the EPA misled states or that the EPA has not properly reviewed SIP submissions from states that attempted to depend on an alternative contribution threshold at Action 2.