EPA Takes Back Air Pollution Rule After Getting Yelled At
Published Date: 1/10/2025
Rule
Summary
The EPA planned to ease rules for 13 states about extra pollution during startup, shutdown, and malfunctions but had to hit pause after getting some pushback. Now, they’re withdrawing that change and will revisit the issue later without reopening public comments. This affects state air agencies and could delay any changes to pollution rules and related costs.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Withdrawal Delays Planned SIP Change
On January 10, 2025, the EPA withdrew a direct final rule that had been published on November 26, 2024 (89 FR 93187). That November 26 action would have partially withdrawn two final findings that 13 States and/or local air pollution control agencies failed to submit required State Implementation Plan (SIP) revisions addressing excess emissions during startup, shutdown, and malfunction (SSM).
No Second Public Comment Period
The EPA received an adverse comment (dated December 18, 2024, and posted December 22, 2024) and therefore withdrew the direct final rule. The agency says it will address all comments in a subsequent final rule and will not institute a second public comment period on that subsequent final rule.
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