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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

Timetable:

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Withdrawn	05/06/2005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 C539-02, Research Triangle Park, NC 27711 Phone:919 541-3292 Fax:919 541-0824 Email: Grano.Doug@epamail.epa.gov Jan King Environmental Protection Agency Air and Radiation C404-05, Research Triangle Park, NC 27711 Phone:919 541-5665 Fax:919 541-0242 Email: King.Jan@epamail.epa.gov