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Market Trading Forum: GCVTC Annex

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)

" 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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