A. Irrespective of whether any consumer products and solutions (instead of healthcare gadgets, for example hearing aids) include zinc-air button cell or coin batteries, and no matter if these items ought to be necessary to meet up with the effectiveness demands for battery compartments on customer items.
Responses assert that inside the August 2018 memorandum the EPA fully commited by itself to approving SIP submissions from states with contributions under 1 ppb, and so now the EPA need to or need to approve the good neighbor SIP submission from any condition having a contribution under one ppb, both based upon modeling accessible at enough time in the condition's SIP submission or Anytime. EPA Reaction:
The EPA is deferring last action on Tennessee's superior neighbor SIP submission, but in examining linkages from the 2016v3 modeling we decided that Minnesota and Wisconsin are certainly not linked above one percent with the NAAQS to any nonattainment receptors (prong one) but are linked to upkeep-only receptors (prong two); these States are getting partial approvals and partial disapprovals. Again to Citation 243. See
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” Responses point out that the EPA's disapproval of SIP submissions that took advantage of the flexibilities is arbitrary and capricious because the EPA has improved, with no conversation, its thought of what's considered to generally be the “essential provisions” necessary for an approvable SIP submission also late from the SIP submission method and since, in disapproving these SIPs, the EPA is making use of a constant set of policy judgments throughout all states. EPA Response:
Nonetheless, the SIP submission just isn't approvable because the state tried to depend upon the CSAPR Update Value threshold to justify a no-Manage dedication when that threshold was in relation to some partial cure for the much less protecting NAAQS, and also if it may be reasonably concluded that no emissions reductions are ideal at EGUs in California, the SIP submission did not conduct an sufficient Examination of emissions Regulate chances at its non-EGU industrial resources. See
at 20040 (noting as a person purpose in proposing the FIP that “this proposal will offer states with as much data as the EPA can provide right now to guidance their ability to post SIP revisions to obtain the emissions reductions the EPA thinks essential to reduce considerable 88FED contribution”).
The contribution threshold is a screening threshold to determine states which can be “contributing” to an from condition receptor. The EPA has taken care of this interpretation of the pertinent statutory language across several rulemakings, while commenters continue on to confuse the Phase 2 threshold with a perseverance of “significance,” which it is not. See EME Homer Metropolis,
Instead, the EPA is obligated to defer to condition alternatives. A single comment asserts the EPA is necessary to interpret the term “important contribution” inside of a fashion “which ties contribution to an quantity which contributes noticeably to downwind maintenance or nonattainment issues.” One more comment claims the EPA is deliberately exploiting the Supreme Court docket decision in EME Homer Town
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the Supreme Court clearly held that “very little from the statute destinations EPA beneath an obligation to provide specific metrics to States prior to they undertake to satisfy their great neighbor obligations.” [281] The Agency issued 3 memoranda in 2018 to deliver modeling effects and a few ideas to states in the development in their SIP submissions.
The EPA disagrees that it is obligated to defer to states' possibilities in the development of excellent neighbor SIP submissions. As expected from the Act, the EPA has evaluated Just about every from the SIP submissions for compliance Together with the CAA, including regardless of whether an suitable Move three Examination was conducted—or irrespective of whether states experienced available an approvable alternate approach to analyzing their excellent neighbor obligations—and located in each circumstance that what these states submitted was not approvable.
The purpose of the contribution threshold at Stage two from the 4-action superior neighbor framework is to determine whether or not the average contribution from a collection of sources in a very point out is small enough never to warrant any additional Manage for the purpose of mitigating interstate transportation, regardless of whether that Regulate ended up highly cost effective. Utilizing a 1 percent from the NAAQS threshold is more suitable for analyzing multi-day regular contributions from upwind states than a one ppb threshold utilized for an individual working day, because that reduce value of one % from the NAAQS will seize variations in contribution. If EPA were to make use of an individual day reflecting the utmost quantity of contribution from an upwind point out to ascertain whether a linkage exists at Stage two, responses' arguments for use with the PSD SIL may need more power. Even so, that would likely induce extra states to be connected, not less. And in almost any scenario, in step with the method within our modeling steering for projecting long term attainment/nonattainment, the good neighbor methodology of employing many times supplies a far more robust method of setting up that a linkage exists in the point out amount than relying on a single working day of data.
The EPA also disputes the FIP proposal implies which the EPA didn't intend to take into consideration feedback about the proposed disapprovals. Responses earning promises the EPA did not abide by good administrative procedure are submitted employing the quite discover and remark course of action these comments assert the EPA is skipping, and these promises are factually unsupported. Remarks related to the size on the remark time period and statements of “pretext” are tackled while in the RTC doc. Comment: