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EPA/AR

RIN: 2060-AI97

Publication ID: Fall 2010

Title: Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
Abstract: EPA has had an oversight and policy development authority for Inspection and Maintenance (I/M) programs since the passage of the Clean Air Act (CAA) in 1970. The 1977 amendments to the CAA mandated I/M for certain areas with long-term air quality problems and the 1990 amendments set for standards for the implementation of I/M programs. EPA used the statutory requirements of the Act, including I/M requirements for Federal facilities to promulgate regulations with States would use in the development of their IM State Implementation Plans (SIPs). The Department of Justice ruled that Federal sovereign immunity was not fully waived under the CAA for those requirements and recommended that EPA either issue guidance or amend its rule to address I/M requirements for Federal Facilities. Originally, EPA intended to: (1) Amend the Federal facilities I/M requirements by removing that section; (2) correct existing I/M SIP approval actions with included these elements; (3) establish new Federal facilities I/M program requirements which Federal facilities in I/M program areas must meet in order to comply with the Act; and (4) designate for each State which section of the Act Federal agencies must comply with based on how that State promulgated it's I/M regulations. These changes were predicted to have minimal to no impact on the States, as no new requirements were being created. The States would have been under no obligation, legal or otherwise, to modify existing SIPs meeting the previously applicable requirement as a result of the EPA's intended action, and emissions reduction credits would not have been affected. The intention of the originally planned rule change was to clarify for affected Federal facilities what they must do to meet the CAA requirements. Subsequent to placing this intended action on EPA's regulatory agenda, the decision was made to issue guidance to the facilities instead, clarifying the CAA's requirements with regard to Federal facilities. Guidance was deemed the more timely way of getting this information to the entities in question. This guidance, which was issued in December 1999, has proven sufficient.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 51 (Revision) 40 CFR 93 (New)
Legal Authority: 23 USC 101 42 USC 7401 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Direct Final Action	11/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Sectors Affected: 92 Public Administration
RIN Data Printed in the FR: No
Agency Contact: Kathryn Sargeant Environmental Protection Agency Air and Radiation NVFEL S77, Ann Arbor, MI 48105 Phone:734 214-4441 Email: Sargeant.Kathryn@epamail.epa.gov Sara Schneeberg Environmental Protection Agency Air and Radiation 2344A, Washington, DC 20460 Phone:202 564-5592 Email: schneeberg.sara@epamail.epa.gov