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EPA/AR

RIN: 2060-AJ99

Publication ID: Spring 2004

Title: Clean Air Ozone Implementation Rule (Part 1 and 2)
Abstract: This rule would provide specific requirements for State and local air pollution control agencies and Tribes to prepare State implementation plans (SIPs) and Tribal Implementation Plans (TIPs) under the 8-hour national ambient air quality standard (NAAQS) for ozone, published by EPA on July 18, 1997. The Clean Air Act (CAA) requires EPA to set ambient air quality standards and requires States to submit SIPs to implement those standards. The 1997 standards were challenged in court, but in February 2001, the Supreme Court determined that EPA has authority to implement a revised ozone standard, but ruled that EPA must reconsider its implementation plan for moving from the 1-hour standard to the revised standard. The Supreme Court identified conflicts between different parts of the CAA related to implementation of a revised NAAQS, provided some direction to EPA for resolving the conflicts, and left it to EPA to develop a reasonable approach for implementation. Thus, this rulemaking must address the requirements of the CAA and the Supreme Court's ruling. This rule would provide detailed provisions to address the CAA requirements for SIPs and TIPs and would thus affect States and Tribes. States with areas that are not attaining the 8-hour ozone NAAQS will have to develop -- as part of their SIPs -- emission limits and other requirements to attain the NAAQS within the timeframes set forth in the CAA. Tribal lands that are not attaining the 8-hour ozone standard may be affected, and could voluntarily submit a TIP, but would not be required to submit a TIP. In cases where a TIP is not submitted, EPA would have the responsibility for planning in those areas.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
CFR Citation: 40 CFR 51 40 CFR 50 40 CFR 81
Legal Authority: 42 USC 7408 42 USC 7410 42 USC 7501-7511f 42 USC 7601(a)(1)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/02/2003	68 FR 32802
Final Action (Phase 1)	04/30/2004	69 FR 23951
Final Action (Phase 2)	08/00/2004

Additional Information: SAN 4625.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: John Silvasi Environmental Protection Agency Air and Radiation C539-01, Research Triangle Park, NC 27711 Phone:919 541-5666 Fax:919 541-0824 Email: Silvasi.John@epamail.epa.gov Denise Gerth Environmental Protection Agency Air and Radiation C504-01, RTP, NC 27711 Phone:919 541-5550 Fax:919 541-0824 Email: Gerth.Denise@epamail.epa.gov