On November 13, 2002, the FOR signed a letter agreement with EPA, the NRC, EPA regional offices, and other interested agencies. In the spirit of the letter agreement, EPA agrees to provide the FOR with an opportunity to comment on whether EPA will revise, supplement, or remove the language in §15.401(d)(7)(v) of the Final Rule in the following manner:
(a) By modifying, supplementing or adding language to the section requiring that for any SIP approved pursuant to this rule, each State in which a permit for a new power plant is issued or any new generation of electric generators is brought to service shall:
(1) Use its existing emission control program in accordance with the provisions of section 1121 of the Clean Air Act;
(2) Develop and submit, to EPA not later than 1 year after promulgation of this rule, a plan for achieving compliance with its applicable standard of performance pursuant to the standards and standards development procedures in title II of the Clean Air Act, as determined by EPA; or
(3) Implement programs and procedures to satisfy emission limits or limits on emissions through the year 2000 as agreed on by the State and EPA.
(b) By prohibiting the use of VCS in lieu of a plan for achieving compliance with the applicable standard of performance pursuant to the standards and standards development procedures in title II of the Clean Air Act, as determined by EPA.
The final rule has been revised at the behest of the Federal Power Commission (FPC) that was responsible for the original draft formulation of the EPA's proposed rule, to reflect FPC amendments including a rule for compliance in lieu of VCS. In this revised rule, it is no longer required that every SIP satisfy the requirements for attainment of the applicable standard of performance in this final rule. Instead, EPA is requiring that every SIP that does not contain a plan to achieve compliance with the applicable standard of performance in the State, as provided in the Final Rule, must also include a State plan to achieve the compliance standard in the State.
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68944 Federal Register / Vol. 67, No. 220 / Thursday, November 14, 2002 / Rules and Regulations provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior
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