A. No matter if any customer products (in contrast to health-related products, like hearing aids) incorporate zinc-air button cell or coin batteries, and whether or not these kinds of items really should be required to meet up with the effectiveness demands for battery compartments on customer products and solutions.
seventy six FR 48208, 48237-38. Just one remark determined that Should the EPA had been to use a one percent of the NAAQS contribution threshold, the EPA would be obligated to hunt feed-back on that contribution threshold through a community see and comment procedure. The EPA's basis and rationale for every SIP submission protected by this last SIP disapproval motion, such as the utilization of a 1 percent of your NAAQS contribution threshold, was in fact presented for public comment. The EPA acquired, and is addressing With this action, quite a few specific responses about contribution thresholds.
One commenter prompt that a state have to be allowed to absolutely exhaust its judicial remedies to problem a SIP submission disapproval ahead of the EPA can promulgate a FIP. Commenters also increase problems with regard to the Assessment and demands from the proposed FIPs. EPA Response:
The full foundation to the EPA's disapprovals is on the market in suitable Federal Register notifications of proposed disapproval for every condition, inside the specialized support files informing the proposed and closing motion, and from the responses to comments in Portion V as well as RTC doc. Usually, apart from as usually mentioned, the comments and up to date air top quality information didn't encourage the Company that a change from proposal was warranted for just about any point out. The exceptions are which the EPA is deferring motion at the moment about the proposed disapprovals for Tennessee and Wyoming. Further, the EPA is finalizing partial approvals of prong 1 (“sizeable contribution to nonattainment”) for Minnesota and Wisconsin since they are connected only to servicing-only receptors; the EPA is finalizing a partial disapproval with respect to prong 2 (“interference with maintenance”) obligations for these two states. A. Alabama
The EPA will not be formally rescinding the August 2018 memorandum Within this action or at the moment, but since steering memoranda are certainly not binding to begin with, It is far from necessary that organizations have to “rescind” a advice the moment it results in being outdated or called into issue.
Feedback state that the EPA hasn't furnished any steerage on what an acceptable Step 3 Examination would entail, and so any determination the place the Company rejects a Stage three Evaluation is arbitrary and capricious. A single comment statements that not only one condition has efficiently made a Stage 3 demonstration leading to an approvable interstate transport SIP for the 2015 ozone NAAQS. Opinions Notice that there is no need from the CAA that states must entire an Investigation similar to the EPA's, plus the EPA cannot substitute its personal judgment for that with the condition's in crafting a SIP.
A single commenter asked for the EPA identify whether or not its earlier modeling has a tendency to overestimate or underestimate real observed design values. If EPA finds the company's model has a tendency to underestimate future 12 months layout values, the commenter requests that EPA re-run its ozone modeling, incorporating parameters that account for 88FED this inclination. EPA Response:
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Furthermore, as reviewed earlier, the purpose of the Action 2 threshold inside the EPA's interstate transportation framework for ozone is to broadly sweep in all states contributing to discovered receptors previously mentioned a de minimis stage in recognition on the collective-contribution difficulty affiliated with regional-scale ozone transport. The threshold Utilized in the context of PSD SIL serves a wholly unique objective, and so it doesn't follow that they need to be made equal. More, opinions incorrectly associate the EPA's Action two contribution threshold with the identification of “significant” emissions (which isn't going to take place till Action 3), and so it is not the case which the EPA is interpreting precisely the same phrase in another way. The EPA has Formerly defined this difference amongst The great neighbor framework and PSD SILs. See
Generally, the states plus the EPA must employ the interstate transport provision in a method “consistent with the provisions of [title I in the CAA.]” See
which held which the EPA along with the states have to align great neighbor obligations to the extent possible Together with the downwind locations' attainment dates. These are set through the statute and keep on being fastened regardless of whether downwind spots are delayed in employing their own personal obligations. It could be unworkable to anticipate that upwind states' obligations may be perfectly aligned with Each and every downwind space's real timetable for employing the appropriate emissions controls, and no court docket has held that This can be the EPA's or the states' obligation under the superior neighbor provision.
And also the EPA might be in violation of court-requested deadlines if it deferred having last action beyond January 31, 2023, for all but two from the states covered by this motion.[277] Reviews asserting that the EPA ought to give more time to states to appropriate deficiencies and re-post conflict While using the controlling caselaw in that they would elevate the most timeframes allowable within the procedural framework of CAA section one hundred ten about the attainment timetable of CAA portion 181 that the D.C. Circuit has now held a number of moments need to be the animating aim from the timing of good neighbor obligations. The D.C. Circuit in Wisconsin
0.70 ppb) at downwind receptors. This is certainly in line with the Step 2 method the EPA applied in CSAPR for that 1997 ozone NAAQS, that has subsequently been utilized in the CSAPR Update and Revised CSAPR Update when analyzing interstate transportation obligations to the 2008 ozone NAAQS, and within the EPA's proposals for this motion. The EPA carries on to search out 1 % to generally be an acceptable threshold. For ozone, given that the EPA present in the CAIR, CSAPR, and CSAPR Update, a part of the nonattainment troubles from anthropogenic resources from the U.S. result within the put together impact of reasonably modest contributions, usually from multiple upwind states and, sometimes, significantly bigger contributions from a subset of specific upwind states, coupled with contributions from in-condition sources.
The EPA acknowledges which the Agency's statutory deadlines to acquire ultimate motion on these SIP submissions frequently fell in 2020 and 2021. Even so, the hold off in performing caused no prejudice to the upwind states. 1st, this motion to disapprove SIP submissions itself will not impose any demands or penalties on any state or sources in that state. 2nd, these delays have largely experienced the impact of deferring aid to downwind states and their citizens from abnormal amounts of ozone pollution beneath the fantastic neighbor provision.