Just after examining the comments been given over the NPR (that happen to be talked about in section III down below), the Fee agrees that it is suitable to differentiate involving products which are “transportable” and people who are “handheld,” delivered Those people definitions are clear and capable to be applied continually. See

In touch upon the proposal, Texas pointed to dissimilarities in linkages within the EPA's 2011-dependent modeling and 2016v2 modeling. The EPA dealt with the change in discovered linkages among the 2011-based modeling and the 2016v2 modeling within the proposed SIP submission disapproval,[213] and further responds to opinions on using updated modeling in Portion V.A.4. The Condition did not perform an enough Phase three Investigation.[214] The Condition bundled an insufficient analysis of supplemental emissions Command options in its SIP submission.[215] The EPA located specialized flaws in Texas's arguments related to “constant and persistent” statements and its other assessments, which includes Assessment of back again trajectories.[216] The Condition provided no long term and enforceable emissions controls in its SIP submission.[217] We provide additional response to comments pertaining to Texas's SIP submission from the RTC doc. The EPA is finalizing disapproval of Texas's interstate transportation SIP submission for the 2015 ozone NAAQS. S. Utah

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9516 (“This strategy might have imposed more emissions reductions for Kentucky sources. Kentucky's closing SIP did not take into account MOG's proposal and did not provide a proof for why it was rejecting this approach to allocating upwind emissions reductions, Regardless that it appended this recommendation to its SIP submittal.”). 9. Move four: Attempt To Depend upon FIPs in a SIP Submission

of its delegated authority when it disapproved of Kansas's proposed SIP.”) (emphasis extra). With respect to the assertion that no point out has properly avoided a FIP having an approvable Phase 3 Examination, we note initially that at the moment, no remaining FIP addressing the 2015 ozone NAAQS has actually been promulgated. A lot more directly to the point, no condition submission that is the issue of the disapproval action provided any more emissions Regulate actions. When it really is conceivable that a Phase 3 Assessment may well result in a dedication that no extra controls are necessary, EPA expects that these types of instances will generally be exceptional, else the CAA's interstate transportation provisions are rendered ineffective.

Even further, the EPA's application of the 1 percent of the NAAQS threshold has been continuously Utilized in recognize-and-comment rulemakings beginning Along with the CSAPR rulemaking in 2010-2011 and such as each FIP steps (CSAPR Update and Revised CSAPR Update) and diverse steps on ozone transportation SIP submissions. In Just about every scenario, the 1 p.c in the NAAQS threshold was subject matter to demanding vetting via community comment and the Agency's response to Those people remarks, including by analytical evaluations of alternative thresholds. See, e.g.,

Commenters noted which the 2016 base year summer months most every day average 8-hour (MDA8) ozone predictions from the proposal modeling were being biased low compared to the corresponding measured concentrations in specific locations. With this regard, commenters mentioned that product functionality data for a number of checking sites, especially those in portions on the West and in the area all around Lake Michigan, were exterior the range of revealed overall performance conditions for normalized indicate bias (NMB) and normalized indicate mistake (NME) of lower than plus or minus 15 % and a lot less than twenty five p.c, respectively.

these sites wouldn't be modeling-dependent receptors at Action 1). While the EPA has self esteem within the dependability of the modeling for projecting air quality situations and contributions in potential years, it wouldn't be realistic to disregard the latest calculated ozone levels in many areas that happen to be Obviously not completely in step with selected concentrations from the Phase one Assessment for 2023.

2011 and 2016) it can be by no means unanticipated that an upwind state could possibly be linked to distinct receptors using 2011 versus 2016 meteorology. Additionally, Whilst a condition may very well be linked to a different list of receptors, states are often associated with receptors in exactly the same space which has a persistent air good quality dilemma. These differing success about receptors and linkages could be affected from the varying meteorology from calendar year to 12 months, but this does not show that the modeling or perhaps the EPA or perhaps the point out's methodology for identifying receptors or linkages is inherently unreliable.

The EPA disagrees. The EPA has regularly emphasized that states have the freedom Anytime to produce a revised SIP submission and submit that on the EPA for approval, and this stays accurate. See

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exclusively rejected petitioner arguments suggesting that upwind states ought to be excused from good neighbor obligations on The premise that some other supply of emissions (irrespective of whether Global or An additional upwind point out) could possibly be regarded as the “but-for” reason behind downwind air excellent dilemma. See Wisconsin,

Tribes—the emissions from These tribal lands for which the Agency has point source stock details emissions modeling System (EPA did not model the contributions from personal tribes);

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