2060-AW38 202504 Unified Agenda of Federal Regulatory and Deregulatory Actions 2060 Office of Air and Radiation OAR 2000 Environmental Protection Agency EPA Excess Emissions During Periods of Startup, Shutdown, and Malfunction; Partial Withdrawals of Findings of Failure to Submit State Implementation Plan (SIP)

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 Previously Published in The Unified Agenda Final Rule Stage No No Not subject to, not significant 40 CFR 52 42 U.S.C. 7401 et seq. 5 USC 553(b) No NPRM 11/26/2024 89 FR 93243 Direct Final Rule 11/26/2024 89 FR 93187 Notice 01/10/2025 90 FR 1903 Final Rule 09/00/2025 No No Federal Local State No No No No Sydney Lawrence 2060 Office of Air and Radiation OAR 919 541-4768 109 T.W. Alexander Drive, Research Triangle Park NC 27701