Base
Rule2026-118842026-06-12

Partial Withdrawals of Findings of Failure To Submit State Implementation Plan (SIP) Revisions To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA) is partially withdrawing two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions to address the Agency's 2015 findings of substantial inadequacy and "SIP call" for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). The partial withdrawal affects six air pollution control agencies. Withdrawing relevant parts of the findings for failure to submit is consistent with the decision from the U.S. Court of Appeals for the District of Columbia Circuit Court (D.C. Circuit) partially vacating the findings of substantial inadequacy and SIP call. This final action renders no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP).

Action & Dates

Action
Final action.
Dates
This final action is effective on July 13, 2026.
Effective Date
2026-07-13

CFR References

Topics

Administrative practice and procedureAir pollution controlEnvironmental protectionIncorporation by referenceIntergovernmental relationsReporting and recordkeeping requirements

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency 40 CFR Part 52 [EPA-HQ-OAR-2021-0863; EPA-R03-OAR-2023-0179; FRL-12161-04-OAR] RIN 2060-AW38 AGENCY: Environmental Protection Agency (EPA). ACTION: Final action. SUMMARY: The U.S. Environmental Protection Agency (EPA) is partially withdrawing two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions to address the Agency's 2015 findings of substantial inadequacy and “SIP call” for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). The partial withdrawal affects six air pollution control agencies. Withdrawing relevant parts of the findings for failure to submit is consistent with the decision from the U.S. Court of Appeals for the District of Columbia Circuit Court (D.C. Circuit) partially vacating the findings of substantial inadequacy and SIP call. This final action renders no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP). DATES: This final action is effective on July 13, 2026. ADDRESSES: The EPA has established two dockets for this action under Docket ID Nos. EPA-HQ-OAR-2021-0863 and EPA-R03-OAR-2023-0179. All documents in the dockets are listed on the http://www.regulations.gov website. Although listed in the index, some informa

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 91 FR 35628