2060-AW38 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2060 Office of Air and Radiation OAR 2000 Environmental Protection Agency EPA Partial Withdrawals of Findings of Failure to Submit State Implementation Plan Revisions to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction

In this final action, the Administrator is partially withdrawing two of the Agency’s previous findings of failure to submit as a result of a 2024 D.C. Circuit Court decision. See, Environ. Comm. Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C. Cir. 2024). The previous findings, made in January 2022 and April 2023, found that multiple states failed to submit State Implementation Plan (SIP) revisions in a timely manner, as required by the Clean Air Act, in response to the 2015 findings of substantial inadequacy for SIP provisions applying to excess emissions during periods of startup, shutdown, and malfunction. This withdrawal action will ensure that findings of failure to submit apply in a manner consistent with the 2024 D.C. Circuit decision.

]]> Substantive, Nonsignificant First Time Published in The Unified Agenda Proposed Rule Stage No No 40 CFR 52 42 U.S.C. 7401 et seq. 5 USC 553(b) No NPRM 11/26/2024 89 FR 93187 NPRM Comment Period End 12/20/2024 Direct Final Rule 11/26/2024 89 FR 93243 Direct Final Rule Effective 01/10/2025 No Federal Local State No No No No Angelina Brashear 2060 Office of Air and Radiation OAR 919 541-4746 brashear.angelina@epa.gov 109 TW Alexander Drive, RTP NC 27709