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Regulatory Development and Retrospective Review Tracker

Reconsideration of Significant Impact Levels and Consideration of Applicability Elements for Precursors of Particulate Matter Less Than 2.5 Micrometers (PM2.5) in New Source Review Regulations

a.k.a. Reconsideration of Significant Impact Levels and Consideration of Applicability Elements for Precursors of PM2.5 in New Source Review Regulations

RIN: 2060-AR28 (What's this?)

Docket No.: Not yet available (What's this?)

Current Phase: Pre-Proposal (What's this?)

This proposed rulemaking is, in part, in response to the January 22, 2013, U.S.

Court of Appeals for the District of Columbia Circuit decision that vacated the Significant Monitoring Concentration (SMC) and vacated and remanded two provisions in EPA's prevention of significant deterioration (PSD) regulations containing Significant Impact Levels (SILs) that were contained in the 2010 final rule promulgating fine particulate matter (PM2.5) increments, SMC, and SILs for PM2.5. This rulemaking addresses the court's decision remanding the PM2.5 SILs provisions in the PSD program. This rulemaking will address significant emission rates for precursors of PM2.5 in both the PSD and nonattainment new source review programs. This rulemaking will also re-propose for public comment two provisions of the rule that were not addressed in that court decision. The reason that EPA is re-proposing these two provisions is because the Texas Commission on Environmental Quality (TCEQ) filed a Petition for Reconsideration to the Administrator regarding several provisions contained in the 2010 final rule. In response to the TCEQ petition, EPA agreed to reconsider, by re-proposing, the following three provisions: 1) The revised definition of "baseline area" that includes a new significance level for PM2.5, which is used for determining whether a particular attainment or unclassifiable area should be included in the baseline area for the PM2.5 increments; 2) The requirement that PM2.5 precursor emissions be included in the significant impact analysis; and 3) The level selected for the SMC for PM2.5. In each case, the TCEQ claimed that EPA did not provide an opportunity for public comment prior to issuing the provisions as part of the 2010 final rule. The third of these claims by TCEQ subsequently became moot by the court's vacatur of the PM2.5 SMC.

NPRM: Published in FR04/2016 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to affect the availability of information to vulnerable populations.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking underwent review.
Citations & Authorities

Code of Federal Regulations (CFR) Citation
40 CFR 51.156

Legal Authority
42 U.S.C. 7470-7479


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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