.tfto sta?.	_	_	21-E-0163
I I Q Pnx/irnnmontal Drnforfinn Anonrn/	. 		
&.
.* *. U.S. Environmental Protection Agency	June 14 2021
¦¦ % Office of Inspector General
/ rn
\
*1 PRO*^
At a Glance
Why We Did This Evaluation
We conducted this evaluation to
determine the (1) number of
Clean Air Act State
Implementation Plans awaiting
U.S. Environmental Protection
Agency approval, (2) factors
causing delays in plan approvals,
(3) extent to which states have
not submitted required plans to
the EPA, (4) potential impact of
delays in plan processing on
achieving air quality standards,
and (5) steps that the EPA is
taking to address delays in plan
processing.
The Clean Air Act requires each
state to submit State
Implementation Plans that
demonstrate that it has an air
quality management program in
place to implement National
Ambient Air Quality Standards
and to identify emission-control
requirements to attain or
maintain the standards. The Act
provides statutory deadlines for
when states must submit and the
EPA must approve or disapprove
the plans.
This evaluation addresses the
following:
•	Improving air quality.
This evaluation addresses these
top EPA management challenges:
•	Complying with key internal
control requirements (policies
and procedures).
•	Overseeing states
implementing EPA programs.
Address inquiries to our public
affairs office at (202) 566-2391 or
OIG WEBCOMMENTS@epa.gov.
List of OIG reports.
EPA Has Reduced Its Backlog of State
Implementation Plans Submitted Prior to 2013 but
Continues to Face Challenges in Taking Timely Final
Actions on Submitted Plans
Delays in EPA SIP actions
increase the risk that
state or local air agencies
are not implementing
plans sufficient to achieve
or maintain the NAAQS.
What We Found
Since 2015, the EPA has reduced the number of
State Implementation Plan submittals awaiting EPA
action, including the portion of these submittals that
have been backlogged at the EPA. A SIP submittal is
considered backlogged when it is not acted upon by
the EPA within 12 months from the date of the
completeness determination. The Agency has
reduced its backlog by taking final actions on SIPs backlogged prior to 2013,
encouraging states to withdraw some SIP submittals, and conducting early
engagement with state agencies prior to SIP submittal. We found that, from 2013
through 2020, states were often late submitting SIPs to the EPA, submitting
51 percent of required SIP elements six months or more after the statutory deadline.
Despite this progress, the EPA has still not taken timely action on a significant
number of SIP submittals. As of January 1, 2021, approximately 39 percent of the
903 active SIP submittals awaiting EPA action were considered backlogged.
Several factors can negatively impact the Agency's ability to take timely action: the
number of SIP submittals received in a given year, the complexity of certain types of
SIP submittals, limited regional resources, and unresolved litigation and legal and
policy issues that would set national precedents. For example, as of February 2021,
approximately 46 percent of backlogged SIP elements at the EPA were under
further review due to ongoing national precedent or litigation concerns.
The impact of EPA delays in taking SIP actions varies. In circumstances where air
quality is not meeting National Ambient Air Quality Standards, delayed EPA actions
increase the risk that state or local air agencies are not implementing plans
sufficient to achieve the NAAQS. In other cases, delayed action can result in a lack
of regulatory certainty and different enforceable requirements for regulated entities.
Recommendations and Planned Agency Corrective Actions
We recommend that the EPA (1) develop and implement a process to identify which
SIP elements are not submitted by statutory deadlines; (2) develop and implement
a plan to address regional workload disparities to ensure timely SIP actions;
(3) reassess certain decisions affecting the suspension of SIP requirements in
Yuma, Arizona, and Mariposa, California; and (4) issue findings of failure to submit
or take disapproval actions for areas without an EPA-approved SIP in place that
continue to exceed the NAAQS beyond their required attainment dates. The EPA
agreed with our recommendations. Recommendations 1 and 3 are completed, and
Recommendation 4 is resolved with corrective actions pending. Recommendation 2
is unresolved pending additional information on future years' plans.

-------