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| EPA/AR | RIN: 2060-AR68 | Publication ID: Fall 2015 |
| Title: State Implementation Plans: Restatement and Update of EPA's SSM Policy; Findings of Substantial Inadequacy; and SIP Calls Related to Startup, Shutdown, and Malfunction | |
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Abstract:
This final action responds to a petition submitted by the Sierra Club on June 30, 2011, concerning how State air agency rules in EPA-approved State Implementation Plans (SIPs) treat excess emissions during periods of startup, shutdown, or malfunction (SSM). The Petitioner requested that the EPA to issue SIP calls pursuant to the Clean Air Act (CAA) to require certain states to revise their SIPs where SIP provisions are substantially to comply with the requirements of the CAA or otherwise to remedy alleged deficiencies identified in the petition. This final action was preceded by two proposals. In a February 22, 2013, NPRM, the EPA proposed its response to all issues identified in the Petition, granting it in part and denying it in part, as well as proposing SIP calls for 36 States and inviting comment on its SSM policy applying to SIPs. Subsequent to that proposal, a Federal court ruled that the CAA precludes the authority of the EPA to create affirmative defense provisions applicable to private civil suits. As a result, the EPA issued a supplemental NPRM stating its revised interpretation of the CAA based on that court ruling and inviting comment on how the revised interpretation should affect the response to the petition. In the supplemental NPRM, the EPA also proposed SIP calls for two additional States. This final action establishes a deadline of November 23, 2015, for 36 states to submit corrective SIP revisions. Further in this action the EPA is clarifying, restating and revising its SSM policy applying to SIPs. |
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| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 52 | |
| Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act | |
Legal Deadline:
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Timetable:
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| Additional Information: Docket #:EPA-HQ-OAR-2012-0322 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, State |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: http://www3.epa.gov/airquality/urbanair/sipstatus/ | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Lisa Sutton Environmental Protection Agency Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27711 Phone:919 541-3450 Email: sutton.lisa@epa.gov Phil Lorang Environmental Protection Agency Air and Radiation C304-04, Research Triangle Park, NC 27711 Phone:919 541-5463 Email: lorang.phil@epa.gov |
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