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EPA/OAR RIN: 2060-AV48 Publication ID: Fall 2022 
Title: Implementing Regulations Under 40 CFR Part 60 Subpart Ba Adoption and Submittal of State Plans for Designated Facilities 

The Clean Air Act (CAA) section 111(d) directs the EPA to promulgate a procedure “similar” to that provided by CAA section 110, under which states submit 111(d) plans for regulatory implementation to the EPA. In 1975, EPA addressed this requirement by promulgating “implementing regulations” under 40 CFR part 60, subpart B. These implementing regulations contain, among other things, deadlines for the submission of, and for EPA’s action on, “state plans”, as well as deadlines for the promulgation of related “federal plans”. In 2019 the EPA finalized 40 CFR part 60, subpart Ba, a new subpart that updated the implementing regulations for prospective emission guidelines. However, the United States Court of Appeals for the District of Columbia Circuit (in American Lung Ass’n v. EPA, No. 19-1140) vacated the subpart Ba state and federal plan timelines due to a finding of inadequate justification. This action will amend the timelines in Subpart Ba consistent with the court vacatur, and will propose additional updates and tools to aid in implementation of emission guidelines.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 60, subpart Ba     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 7411 Clean Air Act    42 U.S.C. 7414, 7601   
Legal Deadline:  None

Statement of Need: In January 2021, the D.C. Circuit Court vacated the timelines in 40 CFR part 60, Subpart Ba. The Supreme Court subsequently reversed and remanded the D.C. Circuit Court’s opinion (West Virginia v. EPA, 142 S. Ct. 2587, June 30, 2022); however, no Petitioner sought certiorari on, and the West Virginia decision did not implicate, the D.C. Circuit’s vacatur of portions of subpart Ba. This action will replace the timelines vacated by the D.C. Circuit Court. These amendments, when finalized, will apply to any emission guideline promulgated after July 8, 2019, and will provide the complete framework for state implementation of upcoming emission guidelines.

Summary of the Legal Basis: Clean Air Act section 111(d) provides the legal framework for the development and implementation of state plans to implement emission guidelines.

Alternatives: There are no alternatives at this time.

Anticipated Costs and Benefits: There are no anticipated costs or benefits because the implementing regulations do not impose any pollution control requirements.

Risks: There are no anticipated risks because the implementing regulations do not impose any pollution control requirements.

Action Date FR Cite
NPRM  12/00/2022 
Final Rule  04/00/2023 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Michelle Bergin
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-2726

Elineth Torres
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D205-02,
Research Triangle Park, NC 27709
Phone:919 541-4347