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B-335359 Jun 14, 2023 1 (2023-06-14)

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             G  $     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335359


June 14, 2023

The Honorable Thomas   R. Carper
Chairman
The Honorable Shelley Moore Capito
Ranking Member
Committee  on Environment and Public Works
United States Senate

The Honorable Cathy  McMorris Rodgers
Chair
The Honorable  Frank Pallone, Jr.
Ranking Member
Committee  on Energy and Commerce
House  of Representatives

Subject: Environmental Protection Agency: Federal Good Neighbor Plan for the 2015 Ozone
         National Ambient Air Quality Standards

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Environmental Protection Agency (EPA) entitled Federal Good Neighbor
Plan for the 2015 Ozone National Ambient Air Quality Standards (RIN: 2060-AV51). We
received the rule on March 17, 2023. It was published in the Federal Register as a final rule on
June 5, 2023. 88 Fed. Reg. 36654. The effective date is August 4, 2023.

EPA  stated that the final rule finalizes Federal Implementation Plan (FIP) requirements to
address 23 states' obligations to eliminate significant contribution to nonattainment, or
interference with maintenance, of the 2015 ozone National Ambient Air Quality Standards
(NAAQS)  in other states. EPA further stated that it promulgated this rule under the good
neighbor or interstate transport provision of the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq.
According to EPA, the rule defines the amount of ozone-precursor emissions (specifically,
nitrogen oxides) that constitute significant contribution to nonattainment and interference with
maintenance  from 23 states. With respect to fossil fuel-fired power plants in 22 states, EPA
stated that this rule will prohibit those emissions by implementing an allowance-based trading
program beginning in the 2023 ozone season. With respect to certain other industrial stationary
sources in 20 states, which EPA has identified in the rule, EPA states that the rule will prohibit
those emissions through emissions limitations and associated requirements beginning in the
2026 ozone  season.

Enclosed is our assessment of EPA's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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