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On February 12, 2002, EPA issued proposed revisions to 40 CFR Parts 96 and 97 designed to address issues remanded by the District of Columbia Circuit Court of Appeals. EPA proposes to:

• Maintain the definition of cogeneration units with minor revisions to make the definition consistent in both Part 96 and Part 97.
• Remove portions of Alabama, Georgia, Michigan and Missouri from the NO_x SIP Call.
• Modify NO_x control levels for stationary internal combustion engines.
• Revise the state NO_x emission budgets based on implementing the three proposed revisions listed above.
• Establish a compliance date of May 31, 2004 for all affected units with the exception of units in Georgia and Missouri. May 1, 2005 is the proposed compliance date for affected units in Georgia and Missouri.
• Delete Wisconsin from Part 96.
• Establish deadlines for States to submit revised State Implementation Plans (SIPs).

In the discussion of postponing the compliance deadline, EPA does not specifically address the postponement of the monitoring system certification deadline. RMB is inclined to believe that the certification deadline will also be delayed one year (i.e., May 1, 2004 for Georgia and Missouri and May 1, 2003 for the remainder of the affected units). Comments concerning EPA’s proposed rulemaking are due no later than April 15, 2002. Should a public hearing be requested, the meeting will be scheduled for March 15, 2002 in Washington, D.C. A copy of EPA’s proposed rulemaking is available in our FTP Library.

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RMB Consulting & Research, Inc.
Last Revised: February 19, 2002