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EPA/AR RIN: 2060-AH87 Publication ID: Spring 2005 
Title: Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States 
Abstract: This action would promulgate Federal Implementation Plans (FIPs) which require nitrogen oxides (NOx) emissions decreases. The intended effect is to reduce the transport of ozone (smog) pollution and one of its main precursors (NOx) across State boundaries in the eastern half of the United States. On October 27, 1998, EPA published a final rule (the NOx SIP Call) which allowed States 12 months to develop, adopt, and submit revisions to their State Implementation Plans (SIPs) to address the transport problem. The Administrator is required to promulgate a FIP within 2 years of: (1) finding that a State has failed to make a required submittal or (2) finding that a submittal is not complete or (3) disapproving a SIP submittal. On June 22, 2000, the D.C. Court of Appeals assigned a new SIP submittal date of October 30, 2000. Eleven States (Virginia, West Virginia, Alabama, Kentucky, North Carolina, South Carolina, Tennessee, Illinois, Indiana, Michigan, and Ohio) and the District of Columbia had not submitted adequate SIPs, as announced in a findings rule published on December 26, 2000. All of these States have since submitted approvable plans. (Note: The FIPs discussed here would apply to all elements of the NOx SIP call that were not remanded to EPA by the court on March 3, 2000. The portions of the SIP call that were remanded to EPA will be covered under Phase 2 SIPs, and if necessary, separate FIP actions would be prepared for those.) 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: State, local, or tribal governments; Private Sector 
CFR Citation: 40 CFR 52    40 CFR 97   
Legal Authority: 42 USC 7410   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  EPA is required to promulgate FIPs by January 25 2003 unless EPA approves the State submitted plans.  01/25/2003 
Action Date FR Cite
NPRM  10/21/1998  63 FR 56394   
Findings Action  12/26/2000  65 FR 81366   
Withdrawn  05/06/2005    
Additional Information: SAN No. 4096;
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing; 325188 All Other Basic Inorganic Chemical Manufacturing; 325199 All Other Basic Organic Chemical Manufacturing; 325998 All Other Miscellaneous Chemical Product Manufacturing; 324199 All Other Petroleum and Coal Products Manufacturing; 33611 Automobile and Light Duty Motor Vehicle Manufacturing; 32731 Cement Manufacturing; 331221 Cold-Rolled Steel Shape Manufacturing; 221121 Electric Bulk Power Transmission and Control; 221122 Electric Power Distribution; 327211 Flat Glass Manufacturing; 221112 Fossil Fuel Electric Power Generation; 327213 Glass Container Manufacturing; 32512 Industrial Gas Manufacturing; 325131 Inorganic Dye and Pigment Manufacturing; 331111 Iron and Steel Mills; 322122 Newsprint Mills; 333618 Other Engine Equipment Manufacturing; 327212 Other Pressed and Blown Glass and Glassware Manufacturing; 322121 Paper (except Newsprint) Mills; 32213 Paperboard Mills; 32511 Petrochemical Manufacturing; 48621 Pipeline Transportation of Natural Gas; 325211 Plastics Material and Resin Manufacturing; 32211 Pulp Mills; 22133 Steam and Air-Conditioning Supply 
Agency Contact:
Doug Grano
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-3292
Fax:919 541-0824

Jan King
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5665
Fax:919 541-0242