Public Notice: Rusk-Panola SO2 Nonattainment Area
Summary
Public hearing information on the FIP proposal can be found in the section titled "Public Hearing Registration Information" further below on this page. A recording of the September 5, 2024, public hearing livestream is available to view.
Rusk-Panola Area SO2 Attainment SIP Limited Approval/Limited Disapproval and Finding of Failure to Attain Proposed Rule
On July 29, 2024, EPA proposed a rule addressing Clean Air Act requirements for the Rusk-Panola Counties, Texas sulfur dioxide (SO2) nonattainment area. The EPA is proposing two actions in the notice. First, EPA is proposing to determine that the Rusk-Panola Counties, Texas nonattainment area (Rusk-Panola area) failed to attain the 2010 1-hour primary SO2 national ambient air quality standard (NAAQS) by the applicable attainment date of January 12, 2022. Second, EPA is proposing a limited approval and limited disapproval of the State Implementation Plan (SIP) revision for the Rusk-Panola 2010 1-hour SO2 Primary NAAQS nonattainment area. EPA is proposing a limited disapproval because the SIP contains a force majeure clause that, if triggered, is such that the emissions limitations are not continuously applicable or enforceable. EPA is proposing limited approval because the SIP revision strengthens the SIP but does not fully meet the Act’s requirements and provides for attainment, albeit not by the required deadline and with the exception of the force majeure clause. Under this limited approval action, if finalized, all provisions will be fully incorporated into the SIP. The limited disapproval, if finalized, will start sanctions clocks until the deficiency is corrected by the State and approved by EPA. EPA plans to address the deficiency in the SIP through a separate action promulgating a Federal Implementation Plan (FIP).
To learn more, please find the proposal and summary fact sheets at the following links:
Special Note on Requesting Modeling Files Associated With This Rulemaking:
As part of this rulemaking, EPA conducted AERMOD related modeling and other analyses in review of this SIP and TCEQ’s request to use an Alternative Model version of AERMOD in this SIP. The files both used and generated for the modeling work can be very large and/or format not compatible for posting in the electronic docket and therefore are not posted to the Regulations.gov website. These electronic files are available by request.
To obtain a copy of any modeling data files or analysis of modeling results files, please contact Erik Snyder ([email protected], 214-665-7305) or Ron Thomas ([email protected], 214-665-7478).
Rusk-Panola Area SO2 Attainment FIP Proposed Rule
On August 19, 2024, EPA proposed a FIP to establish enforceable emission limits for attaining the 2010 1-hour SO2 primary NAAQS for the Rusk and Panola Counties, Texas nonattainment area (Rusk-Panola area). The EPA is proposing the FIP to address deficiencies in Texas’ 2022 Rusk-Panola area attainment State Implementation Plan (SIP) revision, as identified in the EPA’s proposed limited approval and limited disapproval of that SIP, and which can be found in the same docket as this action. Under the limited approval, if finalized, the entire SIP submission would become federally enforceable. The limited disapproval, if finalized, would trigger the 2-year deadline for EPA to finalize a FIP that addresses the deficiencies in the SIP as well as the 18-month deadline to impose mandatory emission offsets and highway funding sanctions. The EPA is proposing to determine that the proposed FIP would provide for attainment of the 2010 1-hour primary SO2 NAAQS in the Rusk Panola SO2 nonattainment area and meets the other applicable requirements under the Clean Air Act (CAA).
To learn more, please find the proposal and summary fact sheets at the following links:
Texas Rusk-Panola Attainment FIP Proposed Rule
English Fact Sheet - Texas Rusk-Panola SO2 Attainment FIP Proposed Rule (pdf)
Public Hearing Registration Information on the Rusk-Panola SO2 Attainment FIP Proposed Rule
The EPA held a virtual public hearing on the "Rusk-Panola, Texas Nonattainment Area SO2 Attainment FIP Proposed Rule" on September 5, 2024.
Livestream Link:
The public hearing livestream and recording on YouTube can be found at the link below.
YouTube Link to the Rusk-Panola Attainment FIP Proposed Rule Public Hearing