CEED's Petition
to Review the Annex
EPA Proposal to Revise Provisions Governing Alternatives
to Source-Specific BART Determinations (08/01/05) PDF
This notice published in the Federal Register proposes
amendments to Section 308(e)(2) of the regional haze rule
to describe the basic elements of an emissions trading
program used in lieu of BART and how that program is demonstrated
to comprise greater reasonable progress than BART. It also
proposes revisions to Section 309 describing the general
requirements of a stationary source backstop SO2 program.
Other changes to Section 309 include SIP submittal dates,
definitions, etc.
- Letter from the EPA to the WRAP expressing intention to take final action in response to CEED vs. EPA by November 8, 2005 (04/19/05) PDF
- Letter from the WRAP to the EPA encouraging OMB review and EPA publication of the final rule on Section 309 and alternatives to BART (06/26/06) PDF
WRAP Press Release: Five Western
States Pledge to Work with EPA on Analyzing SO2 Program,
Allowing them to Move Forward on Regional Haze Plans (03/04/05) PDF or DOC
U.S. Court of Appeals Decision (02/18/05) PDF
CEED's Petition for Review of EPA's Promulgation
of the Annex
- Petition for Review (08/01/03) PDF
- CEED's Brief (02/02/04 - 5.8MB) PDF
- EPA's Motion to Dismiss (02/25/04) PDF
- CEED's Supplemental Brief (01/10/05 - 1.2MB) PDF
EPA Finalizes the Annex
The U.S. EPA has promulgated revisions to Section 309 of
the regional haze rule to incorporate provisions of the Annex
to the 1996 Grand Canyon Visibility Transport Commission.
The Annex, submitted to the EPA by the WRAP in September
2000, establishes declining emission milestones for sulfur
dioxide from western industrial sources. If the milestones
are exceeded, then an emissions cap-and-trade program must
be established to ensure continued reductions. (05/22/03)
- EPA preamble and rule (05/21/03) PDF or WPD
- EPA preamble and rule — Compact version (06/03/03) PDF or WPD
- EPA preamble and rule — Federal Register version
(06/05/03) PDF
- EPA fact sheet (05/21/03) PDF or WPD
- EPA press advisory, including Annex approval (05/22/03) PDF or WPD
Annex Archive
Comments Submitted to EPA Regarding Its Proposal
to Incorporate the Annex into the Regional Haze Rule (07/03/02)
EPA proposal to Incorporate the Annex into the Regional
Haze Rule (04/25/03)
- Fact Sheet PDF
- Proposed Rule PDF
Annex to the Report of the Grand Canyon Visibility
Transport Commission to the U.S. Environmental Protection
Agency (09/29/02)
Executive Summary The executive summary outlines
the key provisions of the Annex, and is a good overview
of the overall document. PDF or WPD
Glossary of Acronyms and Terms The Glossary spells out
acronyms that are used in the document, and also provides
definitions for terms used in the document. PDF or WPD
I. Background Section I provides background
information regarding the history of visibility protection
in the Clean Air Act, as well as the Grand Canyon Visibility
Transport Commission Recommendations that are the basis
of the Annex. PDF or WPD
II. Explanation of Decisions Section II is
the preamble to the Annex, and outlines the reasoning behind
the key decisions in the Annex. PDF or WPD
III. Annex Recommendations Section III contains the
detailed provisions of the Annex. PDF or WPD
Supporting Documentation
There are a series of Attachments to the Annex that contain
the technical support and other supporting documentation
for the Annex provisions.
Attachment A. Draft Model Rule The model rule outlines
the details of the backstop trading program that would
be implemented if regional SO2 emissions exceed the milestones.
This rule is intended to be used as a template for states
and tribes to use in developing their SIPs and TIPs, but
is not intended to establish required regulatory language.
The States and Tribes will need to work closely together
to ensure that the SIPs and TIPs will work together so
that a regional trading program will operate smoothly. PDF or WPD
Attachment B. Draft Memorandum of Understanding
Between the States and Tribes for Implementing a Backstop
Regional Trading Program The draft MOU establishes
the agreements that will be necessary between the States
and Tribes to implement a regional trading program. The
WRAP does not have any regulatory authority, and each participating
State and Tribe will need to develop SIPs or TIPs to implement
the program. PDF or WPD
Attachment C. Demonstration that the Proposed Milestones
Provide Greater Reasonable Progress than BART for Regional
Haze The regional haze rule requires that the milestones
must achieve greater reasonable progress than regional
haze BART over the long-range planning period. This document
provides a demonstration of how the proposed milestones
meet this requirement. PDF or WPD
Attachment D. Preliminary List of BART-Eligible
Sources in the Region PDF or WPD
Attachment E. Preliminary Estimate of State Area
Allocations PDF or WPD
Attachment F. Conceptual Proposal for Re-Allocation
of Tribal Set-Aside PDF or WPD
Supplementary Annex Submittal
The WRAP submitted the following Supplementary Annex Material
to the EPA on (06/29/01)
"Description of Opt In, Opt Out Provisions" Recommended
state and tribal budgets that will be used to adjust the
regional milestones if individual states and tribes decide
to opt in or opt out of the regional backstop emission
trading program. WPD or DOC (Updated
5/31/01)
"Opt_In_Opt_Out_Adjustments.xls" Spreadsheet
that shows the calculation methodology for the state and
tribal budgets for adjusting the regional milestones. (Excel,
Posted 5/30/01)
"Opt_in_Opt_Out_Adjustments_2003-2018_showing_
3-year_average_number.xls" Spreadsheet that shows
how the state and tribal budgets will affect the 3-year
average that will be used to show that regional emissions
are meeting the milestones. (Excel, Posted 5/30/01)
"Tracking and Triggering" (WPD or DOC)
Description of the emission tracking process that will
occur in the region prior to triggering the backstop emission
trading program, including a description of the process
that will be used to trigger the program if the milestones
are exceeded. (Updated 5/31/01)
"Banking in 2018" (WPD or DOC)
Description of banking procedures in the year 2018 to ensure
that the regional emission reduction goals are achieved
by the end of the planning period, while still providing
incentives for early reductions.
"2013 SIP Review" (WPD DOC)
Description of the process that will be followed in the
year 2013 to evaluate expected emission reductions by the
year 2018, and, if necessary, trigger the trading program
early to ensure that the 2018 emission reduction goal is
achieved.
"Yearly
Milestones, 2003 - 2018, showing 3-year average number" Spreadsheet
that shows how a 3-year average of the milestones will
be compared to a 3-year average emission inventory to
determine if regional emissions are in compliance with
the milestones.
Addendum
to the tracking, triggering, and audit paper to address
milestone adjustments due to changing flow monitoring
techniques for utilities. (WPD, Posted 5/30/01)
Technical Support Documentation
Technical
Supporting Documentation that was submitted to the EPA
as part of the Annex - The data and analyses supporting
progress made thus far in the determination of appropriate
emission reduction milestones.
Technical
Support Documentation that was submitted to the EPA as
part of the Supplementary Submittal
Archived material concerning the development of
the Annex
Response
to Comments on the August 11th Draft Annex
Link to archived materials
on the main Market Trading Forum Page
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