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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.

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.