1
Key
Components
of
Delaware/
New
Jersey
Rule
Proposal
was
signed
March
10,
2005
 
Final
is
synchronized
with
CAIR
FIP­
NC
section
126
Petition
NFR
Component
Proposal
Final
Action
Finding
of
Significant
Contribution
for
PM2.5
PM2.5
 
Both
DE
and
NJ
were
found
to
make
a
significant
contribution
to
PM2.5
downwind
nonattainment

Ozone
 
NFR
does
not
alter
earlier
finding
of
significant
contribution
for
ozone.
Same
as
proposed
Remedy
State
Flexibility
 
both
DE
and
NJ
retain
flexibility
to
achieve
mandated
annual
SO2
and
NOx
emission
reductions.

Model
Cap­
and­
Trade
Rule
 
the
model
cap­
and­
trade
rules
are
not
addressed
in
this
rulemaking.
Same
as
proposed
Synchronization
with
other
CAIR
PM2.5
States
Deadlines
for
SIP
submittal
and
program
implementation
are
synchronized
with
other
CAIR
PM2.5
States.
Same
as
proposed
Key
Components
of
Final
CAIR
FIP
and
Response
to
NC
Section
126
Petition
Proposal
was
signed
August
1,
2005
 
Final
must
be
signed
March
15,
2006
(
consent
decree
deadline
for
response
to
section
126
petition)

Component
Proposal
Final
Action
Response
to
NC
section
126
petition
Ozone
portion
of
petition
 
proposed
to
deny
because
no
States
contribute
significantly
to
ozone
nonattainment
in
NC
(
all
areas
in
NC
are
projected
to
be
in
attainment
for
ozone
in
CAIR
baseline)

PM2.5
portion
of
petition
 
proposed
to
deny
if
CAIR
FIPs
promulgated
by
March
15
(
CAIR
implementation
will
remove
the
significant
contribution
that
is
the
basis
for
the
petition);
else
proposed
to
grant
for
10
States
contributing
significantly
to
NC
nonattainment
(
and
deny
for
2
States
not
contributing
significantly
to
PM2.5
nonattainment)
Ozone
portion
of
petition
 

denied
(
same
as
proposed)

PM2.5
portion
of
petition
 

denied
because
FIPs
will
be
promulgated
March
15
CAIR
federal
implementation
plans
(
FIP)
Coverage
­
all
28
States
and
DC
covered
by
CAIR
(
including
DE
and
NJ
for
PM2.5
per
rulemaking
to
be
signed
same
day
as
FIP
rule)

Mechanism
­
CAIR
emission
reductions
will
be
achieved
by
requiring
large
electric
generating
units
(
EGU)
to
participate
in
regionwide
emissions
cap­
and­
trade
programs
that
are
the
same
as
the
CAIR
SIP
model
trading
programs
as
revised
(
see
below
for
revisions):

­
SO2
annual,
NOx
annual,
NOx
ozone
season
trading
programs
Withdrawal
­
EPA
will
withdraw
FIPs
in
coordination
with
SIP
approvals;
EPA
won't
take
any
steps
to
implement
FIPs
that
could
impact
States'
ability
to
regulate
their
sources
in
a
different
manner
until
a
year
after
CAIR
SIP
deadline
Same
as
proposed
Elements
of
FIP
cap­

andtrade
programs
Applicability
 
large
EGUs
same
as
in
CAIR
SIP
model
rules
as
revised
(
see
below
for
revisions)

Caps
and
budgets
­
regionwide
caps
and
State
emission
budgets
same
as
CAIR
NOx
allocations
 
heat
input­
based
and
adjusted
for
fuel
type
same
as
example
method
in
CAIR
SIP
model
rules;
EPA
will
determine
NOx
allocations
but
will
wait
to
record
them
in
source
accounts
to
give
States
chance
to
allocate
if
they
choose
Same
as
proposed
(
with
minor
change
to
NOx
allocation
method
for
certain
cogeneration
units)
2
SO2
allocations
 
based
on
title
IV
allocations
which
are
already
allocated
to
sources
in
perpetuity
same
as
in
CAIR
SIP
model
rules
Opt­
in
provisions
for
non­
EGUs
 
FIPs
do
not
automatically
include
opt­
in
provisions
but
a
State
can
use
an
abbreviated
SIP
revision
(
see
below)
to
provide
for
units
to
opt
into
FIP
programs
in
its
State
NOx
SIP
Call
trading
sources
that
don't
meet
CAIR
applicability
 
a
State
can
use
an
abbreviated
SIP
revision
(
see
below)
to
bring
this
group
of
sources
into
the
FIP
NOx
ozone
season
trading
program
in
its
State
Abbreviated
SIP
revisions
FIPs
include
provisions
for
States
to
submit
abbreviated
SIP
revisions
in
order
to
control
any
of
four
key
elements
of
the
FIP
trading
programs:

1.
NOx
allocations
(
annual
and/
or
ozone
season)

2.
Distribution
of
NOx
annual
compliance
supplement
pool
allowances
3.
Whether
to
include
opt­
in
provisions
4.
Whether
to
bring
NOx
SIP
Call
trading
sources
that
don't
meet
CAIR
applicability
into
FIP
NOx
ozone
season
trading
program
Same
as
proposed
(
with
minor
revisions
to
clarify
provisions)

CAIR
reconsideration
process:
in
response
to
a
petition
for
reconsideration,
we
proposed
in
the
FIP/
126
NPR
to
exempt
incinerators
from
SIP
rules
and
proposed
same
exemption
for
FIP
trading
programs
Revisions
of
the
CAIR
state
implementation
plan
(
SIP)
rule
and
model
trading
rules
Applicability
 
proposed
to
clarify
definition
of
EGU:
in
addition
to
exempting
incinerators
(
see
above)
we
also
exempted
units
that
haven't
served
a
generator
since
before
Nov
15,
1990;
proposed
FIP
rules
are
same
Other
revisions
 
clarify
SO2
emissions
penalty
provisions;
clarify
certain
other
provisions
and
correct
minor
errors;
proposed
FIP
rules
are
same
Same
as
proposed
(
with
minor
additional
clarifications)

Revisions
of
the
Acid
Rain
Program
regulations
Minor
changes
to
clarify
certain
provisions
and
streamline
requirements
Same
as
proposed
