EPA's Decision to Revisit Aspects of the 2017 Regional Haze Rule Revisions
EPA is announcing its decision to revisit aspects of the 2017 Regional Haze Rule revisions. EPA intends to commence a notice-and-comment rulemaking in which we will address portions of the rule, including but not limited to the Reasonably Attributable Visibility Impairment (RAVI) provisions, the provisions regarding Federal Land Manager (FLM) consultation, and any other elements of the rule we may identify for additional consideration. Furthermore, EPA finalized a guidance document for regional haze State Implementation Plan (SIP) revisions due in 2021. Such guidance may also address some or all of the issues raised in the petitions for reconsideration.
EPA received three petitions for administrative reconsideration of the 2017 Regional Haze Rule, from: Southwestern Public Service Company, Entergy Services, Inc., and Cleco Power LLC; the Utility Air Regulatory Group; and the State of Alaska. The EPA is sending letters to these petitioners (links to letters below). While not at this time acting on the petitions for reconsideration, the EPA considered the issues therein and decided to revisit aspects of the 2017 Regional Haze Rule under its inherent rulemaking authority. EPA intends to prepare a notice of proposed rulemaking that will provide the petitioners and the public an opportunity to comment on the issues identified above, as well as any other aspects of the rule we believe will benefit from further public input.