On September 20, 2000, EPA finalized its proposed stay of the 8-hour basis of the NOX SIP Call Rule. EPA had issued the proposed stay after the U.S. Court of Appeals remanded the 8-hour ozone national ambient air quality standards (NAAQS). Because the Court remanded, but did not vacate, the 8-hour standard, EPA argues that it is premature to completely withdraw the 8-hour basis of the NOX SIP Call Rule. Additionally, EPA argues that adjustments to the emissions reductions required by the rule are not necessary because the specified reductions are necessary to achieve either the 1-hour or 8-hour ozone NAAQS.
Recently, the U.S. Court of Appeals ruled that EPA must postpone the May 1, 2003 NOX SIP compliance deadline until May 31, 2004 in order to provide States with the 43-month compliance period specified in the NOX SIP Call Rule. However, many NOX SIP affected sources are also subject to the requirements specified in Part 97 (i.e., the Section 126 rule). Although legal maneuvering is certainly underway, at this juncture, the Part 97 May 1, 2003 compliance date has not been postponed to coincide with the NOX SIP deadline. RMB cautions that the deadline for the installation and certification of continuous emission monitoring systems precedes the applicable compliance deadlines by 1 year.
RMB Consulting &