John Silvasi/RTP/USEPA/US 
08/01/2006 08:51 AM	To
Amy_E._Flynn@omb.eop.gov
cc
Scott Mathias/RTP/USEPA/US@EPA, Kimber Scavo/RTP/USEPA/US@EPA, Denise 
Gerth, Thomas Swegle/DC/USEPA/US@EPA, Sara Schneeberg, David 
Painter/RTP/USEPA/US@EPA, Racqueline Shelton/RTP/USEPA/US@EPA, Mary 
Henigin, Alan Rush, Jim Ketcham-Colwill, Thomas Gillis, Pam 
Long/RTP/USEPA/US@EPA, Paul Augustine/DC/USEPA/US@EPA, Kevin 
Culligan/DC/USEPA/US@EPA, Jan Tierney/DC/USEPA/US@EPA, Rich 
Damberg/RTP/USEPA/US@EPA, Barbara Driscoll/RTP/USEPA/US@EPA, Jan 
Cortelyou-Lee/RTP/USEPA/US@EPA
bcc

Subject
* Informal version of reconsideration notice (proposal):  8-hour ozone 
implementation rule phase 2: CAIR/RACT & 2 NSR issues (SAN 4625.6)
	
		
		Hi, Amy,
		
		My management has okayed sending you an advance informal review version of 
the subject notice while the official version is being cleared through the 
management chain here at EPA.  
		
		The issues addressed in this reconsideration notice are also issues raised 
in petitions for judicial review filed in the Federal Court of Appeals for 
the District of Columbia Circuit; the Court has stayed the litigation on 
these 3 issues until December 15, 2006.  In order to effectively brief and 
litigate these issues, the reconsideration action should be finalized by 
that date. This proposal will offer opportunity for public hearing.  If 
requested, we anticipate that it would be held early October 2006, with 
the close of comment period early November 2006.  Thus, we believe this 
proposal notice should be cleared by OMB in time for signature as soon as 
possible, no later than September 1, 2006, to ensure that we will be able 
to take final action by December 15, 2006.
		
		In this notice, we are announcing our decision to reconsider and take 
additional comment on three provisions in the Phase 2 Rule:  (1) the 
determination that electric generating units (EGUs) that comply with rules 
implementing the Clean Air Interstate Rule (CAIR) and that are located in 
States where all required CAIR emissions reductions are achieved from EGUs 
meet the 8-hour ozone State implementation plan (SIP) requirement for 
application of reasonably available control technology (RACT) for nitrogen 
oxide (NOx) emissions; (2) a new source review (NSR) requirement allowing 
sources to use certain emission reductions as offsets under certain 
circumstances; and (3) an NSR provision addressing when requirements for 
the lowest achievable emission rate (LAER) and emission offsets may be 
waived.  For the first of these issues, we are publishing a supplemental 
technical analysis to support the determination concerning CAIR and NOx 
RACT for EGUs.  
		
		Please let me know if I can answer any questions.
		
		Thanks!
		
		
		John J. Silvasi
Environmental Engineer
State and Local Programs Group (C539-02)
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
919-541-5666 (v); 919-541-0824 (fax)
silvasi.john@epa.gov

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