### January

23, 2014 The following table describes the proposed rule “Withdrawal of the Prior Determination or Presumption that Compliance with th e CAIR or the NOx SIP Call Constitutes RACT or RACM for the 1997 8

- Hour Ozone and 1997 Fine Particle NAAQS; and Revision to RACT Guidance and RFP Requirements for the 1997 Fine Particle NAAQS” (SAN 5411) and its relationship to stayed litigation and/or Court decisions. This rule is currentl y at OMB.

**Policy Issue Impacted Rule**  **Action Driver Action Proposed in OMB Package**  EPA’s **determination** that **NOx SIP call**  compliance satisfies the EGU NOx RACT requirement for nonattainment areas for the **1997 ozone NAAQS**  “Phase 2” Implementation Rule for the 1997 Ozone NAAQS (issued in 2005) Court **remand** ed the provision to EPA (in NRDC v EPA, 2009) Withdraw EPA’s previous determination; States need to provide

area

- specific evaluations as required by NRDC decision; revise 40 CFR 51.912

EPA’s **determination** that **CAIR** compliance satisfies the EGU NOx RACT requirement in specific selected nonattainment areas for the **1997 ozone NAAQS** “Phase 2” Implementation Rule for the 1997 Ozone NAAQS (issued in 2005 and reconsidered in 2007) NRDC et al petition (Nov 2008). Court granted EPA request for **remand** in August 2013. Withdraw EPA’s previous determination; States need to provide

area

- specific evaluations consistent with NRDC decision; revise 40 CFR 51.912

**Presumption** that **CAIR** compliance can automatically satisfy the EGU **NOx** RACT requirement in all nonattainment areas for the **1997 ozone NAAQS** “Phase 2” Implementation Rule for the 1997 Ozone NAAQS (issued in 2005 and reconsidered in 2007) NRDC et al petition (Nov 2008). Court granted EPA request for **vacatur** in August 2013. Withdraw EPA’s previous presumption; States need to provide area

- specific evaluations consistent with NRDC decision (Note: this is now moot, given the recent Court vacatur decision. The rule will be revised accordingly) **Presumption** that **CAIR** compliance can automatically satisfy the EGU **NOx & SO2** RACT/RACM requirement for nonattainment areas for the **1997 PM2.5 NAAQS**  Implementation Rule for the 1997 PM2.5 NAAQS issued in 2007 In 2011 EPA granted a 2007 reconsideration petition filed by Earthjustice for ALA et al; litigation is stayed pending reconsideration Withdraw EPA’s previous presumption; States need to provide area

- specific evaluations consistent with NRDC decision.

**RFP credit** for emissions reductions occurring outside nonattainment areas for the **1997 PM2.5 NAAQS** Implementation Rule for the 1997 PM2.5 NAAQS issued in 2007 In 2010 EPA granted a 2007 reconsideration petition filed by Earthjustice for ALA et al; litigation is stayed pending reconsideration Limit RFP credit to reductions inside nonattainment area based on analysis similar to that used by court in RACT decision.

**Criteria** for determining RACT in nonattainment areas for the **1997 PM2.5 NAAQS**  Implementation R ule for the 1997 PM2.5 NAAQS issued in 2007 In 2011 EPA granted a 2007 reconsideration petition filed by Earthjustice for ALA et al; litigation is stayed pending reconsideration Return to historical criteria prior to 2007 which contains a presumption that it is reasonable for a source to bear similar cost to other similar sources in the same source category