
­
1­
Preamble
references
that
explain
our
position
on
RACT
determinations
Subpart
1
areas
are
subject
to
RACT
*
These
areas
meet
RACT
through
their
attainment
demonstrations,
unless
an
attainment
date
extension
is
requested
(
beyond
5
years).
[
page
239
of
2­
6­
05
version]

Subpart
2
marginal
areas
have
already
met
their
RACT
requirement
(
post­
1990
RACT
fixups)
[
page
247]

Subpart
2
moderate
and
above
areas,
the
OTR,
and
Subpart
1
extension
areas
are
subject
to
RACT.
[
page
239­
240]
For
these
areas:

*
State
must
assure
that
RACT
is
met
through
[
page
240]

1.
Certification
(
as
part
of
SIP
submittal)
that
previously
required
RACT
controls
represent
RACT
for
8­
hour
implementation
purposes;

2.
New
RACT
determination;
or
3.
Compliance
by
sources
with
the
NO
x
SIP
Call
cap­
and­
trade
program.
[
page
263]

*
Certification:
[
pages
240
and
254]

>
Where
a
State
has
adopted
and
EPA
has
approved
a
control
measure
as
RACT
for
a
specific
major
stationary
source
or
source
category
for
the
1­
hour
ozone
NAAQS,
and
absent
data
indicating
that
the
previous
RACT
determination
is
no
longer
appropriate
in
lieu
of
a
RACT
rule,
the
State
need
not
submit
a
new
RACT
SIP
for
these
sources.
The
state
may
submit
a
certification
that
it
previously
met
the
RACT
requirement
for
these
sources
and
that
the
previous
determination
still
represents
an
appropriate
RACT
level
of
control.

>
Such
certification
shall
be
accompanied
by
appropriate
supporting
information,
such
as
consideration
of
updated
EPA
guidance
and
other
relevant
information
such
as
information
received
from
public
commenters.

*
States
may
use
existing
RACT
guidance
[
page
240]

>
As
new
or
updated
EPA
RACT
guidance
becomes
available,
States
should
consider
the
new
information
in
their
RACT
determinations.
[
page
241]

>
Since
RACT
can
change
over
time
as
new
technology
becomes
available
or
the
cost
of
existing
technology
decreases,
EPA
does
not
agree
with
comments
that
­
2­
once
a
source
has
met
RACT,
it
has
met
RACT
whether
or
not
the
ozone
standard
is
revised.
[
page
251]

*
States
may
consider
RACT
met
for
sources
subject
to
the
State's
emission
cap­
and­
trade
program
where
the
cap­
and­
trade
program
has
been
approved
by
EPA
as
part
of
a
SIP
meeting
the
NO
x
SIP
Call
requirements.
The
State
need
not
submit
a
new
NO
x
RACT
SIP
for
those
sources.
[
pages
241
and
263]

*
New
information
that
must
be
considered
in
RACT
certifications
and
determinations:

>
Relevant
new
EPA
RACT
guidance.

 
None
is
anticipated
prior
to
6­
06
due
date
for
the
RACT
SIP.

>
Relevant
new
EPA
technical
document.

 
None
is
anticipated
prior
to
6­
06
due
date
for
the
RACT
SIP.

>
In
cases
where
additional
information
is
presented,
for
example,
as
part
of
notice­
and­
comment
rulemaking
on
a
RACT
SIP
submittal,
States
(
and
EPA)
would
necessarily
consider
the
additional
data
in
reviewing
what
control
obligation
is
consistent
with
RACT.
[
page
252
and
255]

Handling
of
RACT
in
phase
II
ozone
rule
economic
analysis
Regulatory
baseline
The
regulatory
baseline
for
the
economic
analysis
is
implementation
of
the
8­
hour
standard
under
current
law
without
EPA's
rule
 
because
the
law
requires
states
to
submit
SIPs
meeting
statutory
requirements
including
RACT
regardless
of
whether
EPA
issues
the
rule.
We
assume
that
in
the
absence
of
the
rule,
the
states
and
EPA
would
implement
the
8­
hour
standard
based
on
legal
interpretations
that
correspond
to
the
most
flexible,
legally
defensible
options
EPA
has
identified.

RACT
selected
option
The
selected
option
for
RACT
in
the
phase
II
rule
 
including
our
interpretation
of
how
the
RACT
requirement
applies
to
previously
controlled
sources
­­
represents
minimum
statutory
requirements
for
RACT
in
implementing
the
8­
hour
standard,
and
therefore
adds
no
costs
relative
to
current
law.

(
OGC
advises
that
the
statute
does
not
provide
EPA
with
discretion
to
issue
an
interpretation
that
old
RACT
guidance
or
old
RACT
determinations
necessarily
continue
to
represent
RACT,
regardless
of
new
information
presented.)
­
3­
