Technical Support Document (TSD)
for the Proposed Federal Implementation Plan Addressing Regional Ozone Transport for the
2015 Ozone National Ambient Air Quality Standards
Docket ID No. EPA-HQ-OAR-2021-0668
Status of CAA Section 110(a)(2)(D)(i)(l) SIP Submissions
for the 2015 Ozone NAAQS for States Covered by the
Proposed Federal Implementation Plan Addressing
Regional Ozone Transport for the 2015 Ozone National
Ambient Air Quality Standards
Proposed Rule TSD
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Summary
On October 1, 2015, EPA promulgated a revision to the ozone national ambient air quality standards
(2015 ozone NAAQS), lowering the level of both the primary and secondary standards to 0.070 parts per
million (ppm). 80 FR 65292 (October 26, 2015). Section 110(a)(1) of the Clean Air Act (CAA) requires
states to submit, within 3 years after promulgation of a new or revised standard, state implementation
plan (SIP) submissions meeting the applicable requirements of CAA section 110(a)(2). SIP submissions
for the 2015 ozone NAAQS were due on October 1, 2018.
This document describes the status of each CAA section 110(a)(2)(D)(i)(l) ("good neighbor") SIP
submission for the 2015 ozone NAAQS for states that are the covered by the proposed rule. This
document describes any actions taken by EPA on CAA section 110(a)(2)(D)(i)(l) SIP submissions for the
2015 ozone NAAQS from these states, including any findings of failure to submit CAA section
110(a)(2)(D)(i)(l) SIP submissions for the 2015 ozone NAAQS. The descriptions also include any consent
decree deadlines applicable to the EPA's final action on these SIP submissions.
This document therefore addresses the following states:
1.
Alabama
14.
Nevada
2.
Arkansas
15.
New Jersey
3.
California
16.
New York
4.
Delaware
17.
Ohio
5.
Illinois
18.
Oklahoma
6.
Indiana
19.
Pennsylvania
7.
Kentucky
20.
Tennessee
8.
Louisiana
21.
Texas
9.
Maryland
22.
Utah
10.
Michigan
23.
Virginia
11.
Minnesota
24.
West Virginia
12. Mississippi
25.
Wisconsin
13.
Missouri
26.
Wyoming
The facts presented in this technical support document support EPA's conclusion that it currently has or
will have, upon final action on a proposed SIP disapproval or a formal finding of failure to submit, a legal
obligation and the legal authority to finalize each of the good neighbor federal implementation plans
(FIPs) for the 2015 ozone NAAQS proposed in the Proposed Federal Implementation Plan Addressing
Regional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standards.
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Status of 2015 Ozone NAAQS Transport SIPs for States Covered by the Proposed Federal
Implementation Plan Addressing Regional Ozone Transport for the 2015 Ozone National
Ambient Air Quality Standards
Alabama
On August 27, 2018, the state of Alabama submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. The SIP submission became
complete by operation of law on February 27, 2019. On December 30, 2019, EPA published a notice in
the Federal Register proposing approval of the SIP submission. (84 FR 71854). On March 24, 2020,
former EPA Region 4 Administrator Mary Walker signed a document which would have finalized
approval of Alabama's SIP submission upon publication in the Federal Register. However, the March 24,
2020 document was never published in the Federal Register. On January 19, 2021, former EPA Region 4
Administrator Mary Walker signed a second document which would have finalized approval of
Alabama's SIP submission upon publication in the Federal Register (https://www.epa.gov/air-quality-
implementation-plans/epas-approval-2015-8-hour-ozone-interstate-transport-requirements). However,
the January 19, 2021 document was never published in the Federal Register. On December 2, 2021, EPA
announced in the Federal Register it would not publish either the March 24, 2020 document or the
January 19, 2021 document in the Federal Register. (86 FR 68413).
On February 3, 2022, EPA signed a notice withdrawing its proposed approval and proposing disapproval
of Alabama's SIP submission. (87 FR 9545 (Feb. 22, 2022)). Therefore, EPA has not taken final action on
Alabama's SIP submission. If EPA finalizes the disapproval of Alabama's good neighbor SIP submission,
the provisions of CAA section 110(c)(1) establish that the Administrator shall promulgate a FIP for the
state of Alabama addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015
ozone NAAQS. In the alternative, if Alabama withdraws its good neighbor SIP submission before EPA
takes final action, and EPA makes a formal finding of failure to submit, the provisions of CAA section
110(c)(1) establish that the Administrator shall promulgate a FIP for Alabama addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, the EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, the EPA shall have
until December 15, 2022, to take final action on the SIP submission if a proposed SIP submission
disapproval and a proposed good neighbor FIP are signed by the EPA for publication in the Federal
Register by February 28, 2022. Id.
Arkansas
On October 10, 2019, the state of Arkansas submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 1, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9798 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Arkansas' good neighbor SIP submission, the provisions of CAA section 110(c)(1) establish
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that the Administrator shall promulgate a good neighbor FIP for the state of Arkansas addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Arkansas withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Arkansas addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, the EPA shall have
until December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval
and a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February
28, 2022. Id.
California
On October 1, 2018, the state of California submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. If EPA proposes and finalizes
disapproval of California's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a good neighbor FIP for the state of California
addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In
the alternative, if California withdraws its good neighbor SIP submission before EPA takes final action,
and EPA makes a formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a FIP for California addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California to take final action on California's good neighbor SIP
by December 15, 2022. Consent Decree, Downwinders at Risk etal. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022).
Delaware
On October 11, 2018, the state of Delaware submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On May 1, 2020, EPA published a
notice finalizing approval of Delaware's good neighbor SIP. (85 FR 25307, effective June 1, 2020). For the
reasons explained in the Notice of Proposed Rulemaking in Section IV.C., EPA is proposing to find that its
approval of Delaware's good neighbor SIP submission was in error. Section 110(k)(6) of the CAA gives
the Administrator authority, without any further submission from a state, to revise certain prior actions,
including actions to approve SIPs, upon determining that those actions were in error. If finalized, this
proposed error correction under CAA section 110(k)(6) would revise EPA's approval of Delaware's good
neighbor SIP submission to a disapproval. If EPA finalizes the disapproval of Delaware's good neighbor
SIP submission, the provisions of CAA section 110(c)(1) establish that the Administrator shall promulgate
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a good neighbor FIP for the state of Delaware addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
Illinois
On May 21, 2019, the state of Illinois submitted a SIP submission to address the requirements of CAA
section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9838 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Illinois' good neighbor SIP submission, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a good neighbor FIP for the state of Illinois addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Illinois withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Illinois addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Indiana
On November 2, 2018, the state of Indiana submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9838 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Indiana's good neighbor SIP submission, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a FIP for the state of Indiana addressing the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative, if Indiana
withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a formal
finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the Administrator shall
promulgate a FIP for Indiana addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect
to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on November 15, 2021, by the U.S.
District Court for the Southern District of New York and a consent decree entered on January 12, 2022
by the U.S. District Court for the Northern District of California to take final action on the good neighbor
SIP by April 30, 2022. Consent Decree, New York et al. v. Regan, et al., No. l:21-CV-00252 (S.D.N.Y.
entered Nov. 15, 2021); Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022). However, under the terms of both consent decrees, the EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP submission disapproval
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and a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February
28, 2022. Id.
Kentucky
On January 9, 2019, the Commonwealth of Kentucky submitted a SIP submission to address the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 3,
2022, EPA signed a notice proposing disapproval of the SIP submission. (87 FR 9498 (Feb. 22, 2022)). If
EPA finalizes the disapproval of Kentucky's good neighbor SIP submission, the provisions of CAA section
110(c)(1) establish that the Administrator shall promulgate a FIP for the Commonwealth of Kentucky
addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In
the alternative, if Kentucky withdraws its good neighbor SIP submission before EPA takes final action,
and EPA makes a formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a FIP for Kentucky addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on November 15, 2021, by the U.S.
District Court for the Southern District of New York and a consent decree entered on January 12, 2022
by the U.S. District Court for the Northern District of California to take final action on the good neighbor
SIP by April 30, 2022. Consent Decree, New York et al. v. Regan, et ai, No. l:21-CV-00252 (S.D.N.Y.
entered Nov. 15, 2021); Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal. entered Jan. 12,
2022). However, under the terms of both consent decrees, EPA shall have until December 15, 2022, to
take final action on the SIP submission if a proposed SIP submission disapproval and a proposed FIP are
signed by EPA for publication in the Federal Register by February 28, 2022. Id.
Louisiana
On November 13, 2019, the state of Louisiana submitted a SIP submission to address the requirements
of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 1, 2022, EPA signed
a notice proposing disapproval of the SIP submission. (87 FR 9798 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Louisiana's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Louisiana addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Louisiana withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Louisiana addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
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a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Maryland
On October 16, 2019, the state of Maryland submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 7, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9463 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Maryland's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Maryland addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Maryland withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Maryland addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, the EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Michigan
On March 8, 2019, the state of Michigan submitted a SIP submission to address the requirements of CAA
section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9838 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Michigan's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Michigan addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Michigan withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Michigan addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on November 15, 2021, by the U.S.
District Court for the Southern District of New York and a consent decree entered on January 12, 2022
by the U.S. District Court for the Northern District of California to take final action on the good neighbor
SIP by April 30, 2022. Consent Decree, New York et al. v. Regan, et al., No. l:21-CV-00252 (S.D.N.Y.
entered Nov. 15, 2021); Consent Decree, Downwinders at Risk etal. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022). However, under the terms of both consent decrees, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP submission disapproval
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and a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February
28, 2022. Id.
Minnesota
On October 1, 2018, the state of Minnesota submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9838 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Minnesota's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Minnesota addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Minnesota withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Minnesota addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan.12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Mississippi
On September 6, 2019, the state of Mississippi submitted a SIP submission to address the requirements
of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 3, 2022, EPA signed
a notice proposing disapproval of the SIP submission. (87 FR 9545 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Mississippi's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Mississippi addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Mississippi withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Mississippi addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
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Missouri
On June 10, 2019, the state of Missouri submitted a SIP submission to address the requirements of CAA
section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 9, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9533 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Missouri's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Missouri addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Missouri withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Missouri addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Nevada
On September 28, 2018, the state of Nevada submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. If EPA proposes and finalizes
disapproval of Nevada's good neighbor SIP submission, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a FIP for the state of Nevada addressing the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative, if Nevada
withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a formal
finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the Administrator shall
promulgate a FIP for Nevada addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect
to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on Nevada's good neighbor SIP
by December 15, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022).
New Jersey
On May 13, 2019, the state of New Jersey submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9484 (Feb. 22, 2022)). If EPA finalizes the
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disapproval of New Jersey's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of New Jersey addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if New Jersey withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes
a formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for New Jersey addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed federal implementation plan are signed by EPA for publication in the Federal Register by
February 28, 2022. Id.
New York
On September 25, 2018, the state of New York submitted a SIP submission to address the requirements
of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed
a notice proposing disapproval of the SIP submission. (87 FR 9484 (Feb. 22, 2022)). If EPA finalizes the
disapproval of New York's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of New York addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if New York withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for New York addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California and a consent decree entered on January 19, 2022
by the U.S. District Court for the Southern District of New York to take final action on the good neighbor
SIP by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022); Consent Decree, Our Children's Earth Foundation v. EPA, No. 20-8232 (S.D.N.Y.
entered Jan. 19, 2022). However, under the terms of both consent decrees, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Ohio
On September 28, 2018, the state of Ohio submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9838 (Feb. 22, 2022)). If EPA finalizes the
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disapproval of Ohio's good neighbor SIP submission, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a FIP for the state of Ohio addressing the requirements of CAA
section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative, if Ohio withdraws its
good neighbor SIP submission before EPA takes final action, and EPA makes a formal finding of failure to
submit, the provisions of CAA section 110(c)(1) establish that the Administrator shall promulgate a FIP
for Ohio addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone
NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on November 15, 2021, by the U.S.
District Court for the Southern District of New York and a consent decree entered on January 12, 2022
by the Northern District of California, to take final action on the good neighbor SIP by April 30, 2022.
Consent Decree, New York et al. v. Regan, et al., No. l:21-CV-00252 (S.D.N.Y. entered Nov. 15, 2021);
Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal. entered Jan. 12, 2022). However, under
the terms of both consent decrees, EPA shall have until December 15, 2022, to take final action on the
SIP submission if a proposed SIP submission disapproval and a proposed FIP are signed by EPA for
publication in the Federal Register by February 28, 2022. Id.
Oklahoma
On October 25, 2018, the state of Oklahoma submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 1, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9798 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Oklahoma's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Oklahoma addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Oklahoma withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Oklahoma addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP submission disapproval
and a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February
28, 2022. Id.
Pennsylvania
On December 5, 2019, EPA issued a finding of failure to submit a complete good neighbor SIP
submission to address the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone
NAAQS for the Commonwealth of Pennsylvania. (84 FR 66612, effective January 6, 2020). EPA has not,
subsequent to that date, received and approved a complete good neighbor SIP revision to correct the
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deficiency. Based on this fact, the provisions of CAA section 110(c)(1) establish that the Administrator
shall promulgate a FIP for the Commonwealth of Pennsylvania addressing the requirements of CAA
section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
Tennessee
On September 17, 2018, the state of Tennessee submitted a state implementation plan submission to
address the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On
December 30, 2019, the EPA published a notice proposing approval of the SIP submission. (84 FR 71854).
On March 24, 2020, former EPA Region 4 Administrator Mary Walker signed a document which would
have finalized approval of Tennessee's SIP submission upon publication in the Federal Register.
However, the March 24, 2020 document was never published in the Federal Register. On January 19,
2021, former EPA Region 4 Administrator Mary Walker signed a second document which would have
finalized approval of Tennessee's SIP submission upon publication in the Federal Register
(https://www.epa.gov/air-quality-implementation-plans/epas-approval-2015-8-hour-ozone-interstate-
transport-requirements). However, the January 19, 2021 document was never published in the Federal
Register. On December 2, 2021, EPA announced in the Federal Register it would not publish either the
March 24, 2020 document or the January 19, 2021 document in the Federal Register. (86 FR 68413).
On February 3, 2022, EPA signed a notice withdrawing its proposed approval and proposing disapproval
of Tennessee's SIP submission. (87 FR 9545 (Feb. 22, 2022)). Therefore, EPA has not yet taken final
action on Tennessee's SIP submission. If EPA finalizes the disapproval of Tennessee's good neighbor SIP
submission, the provisions of CAA section 110(c)(1) establish that the Administrator shall promulgate a
FIP for the state of Tennessee addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect
to the 2015 ozone NAAQS. In the alternative, if Tennessee withdraws its good neighbor SIP submission
before EPA takes final action, and EPA makes a formal finding of failure to submit, the provisions of CAA
section 110(c)(1) establish that the Administrator shall promulgate a FIP for Tennessee addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District for the Northern District of California, to take final action on the good neighbor SIP submission
by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until December
15, 2022, to take final action on the SIP submission if a proposed SIP submission disapproval and a
proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Texas
On September 12, 2018, the state of Texas submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 1, 2022, EPA signed a
notice proposing disapproval of the SIP submission. (87 FR 9798 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Texas' good neighbor SIP submission, the provisions of CAA section 110(c)(1) establish
that the Administrator shall promulgate a FIP for the state of Texas addressing the requirements of CAA
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section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative, if Texas withdraws its
good neighbor SIP submission before EPA takes final action, and EPA makes a formal finding of failure to
submit, the provisions of CAA section 110(c)(1) establish that the Administrator shall promulgate a FIP
for Texas addressing the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone
NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on November 15, 2021, by the U.S.
District Court for the Southern District of New York and a consent decree entered on January 12, 2022
by the U.S. District Court for the Northern District of California to take final action on the good neighbor
SIP by April 30, 2022. Consent Decree, New York et al. v. Regan, et al., No. l:21-CV-00252 (S.D.N.Y.
entered Nov. 15, 2021); Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022). However, under the terms of both consent decrees, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP submission disapproval
and a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February
28, 2022. Id.
Utah
On December 5, 2019, the EPA issued a finding of failure to submit a complete good neighbor SIP
submission to address the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone
NAAQS for the state of Utah. (84 FR 66612, effective January 6, 2020). On January 29, 2020, the state of
Utah submitted a SIP revision to address the requirements of CAA section 110(a)(2)(D)(i)(l) with respect
to the 2015 ozone NAAQS. EPA has not, subsequent to that date, taken final action on the SIP
submission. Because EPA made a formal finding that Utah failed to submit a SIP submission and has not
yet taken final action on the subsequently provided SIP submission, the provisions of CAA section
110(c)(1) establish that the Administrator shall promulgate a FIP for Utah addressing the requirements
of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
Virginia
On December 5, 2019, EPA issued a finding of failure to submit a complete good neighbor SIP
submission to address the requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone
NAAQS for the Commonwealth of Virginia. (84 FR 66612, effective January 6, 2020). EPA has not,
subsequent to that date, received and approved a complete good neighbor SIP revision to correct the
deficiency. Based on this fact, the provisions of CAA section 110(c)(1) establish that the Administrator
shall promulgate a FIP for the Commonwealth of Virginia addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
West Virginia
On February 4, 2019, the state of West Virginia submitted a SIP submission to address the requirements
of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On February 7, 2022, EPA signed
a notice proposing disapproval of the SIP submission. (87 FR 9516 (Feb. 22, 2022)). If EPA finalizes the
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disapproval of West Virginia's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of West Virginia addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if West Virginia withdraws its good neighbor SIP submission before EPA takes final action, and EPA
makes a formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for West Virginia addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on November 15, 2021, by the U.S.
District Court for the Southern District of New York and a consent decree entered on January 12, 2022
by the U.S. District Court for the Northern District of California, to take final action on the good neighbor
SIP by April 30, 2022. Consent Decree, New York et al. v. Regan, et al., No. l:21-CV-00252 (S.D.N.Y.
entered Nov. 15, 2021); Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022). However, under the terms of both consent decrees, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP submission disapproval
and a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February
28, 2022. Id.
Wisconsin
On September 14, 2018, the state of Wisconsin submitted a SIP submission to address the requirements
of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. On January 31, 2022, EPA signed
a notice proposing disapproval of the SIP submission. (87 FR 9838 (Feb. 22, 2022)). If EPA finalizes the
disapproval of Wisconsin's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
establish that the Administrator shall promulgate a FIP for the state of Wisconsin addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Wisconsin withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Wisconsin addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on the good neighbor SIP
submission by April 30, 2022. Consent Decree, Downwinders at Risk et al. v. Regan, No. 21-cv-03551
(N.D. Cal. entered Jan. 12, 2022). However, under the terms of the consent decree, EPA shall have until
December 15, 2022, to take final action on the SIP submission if a proposed SIP revision disapproval and
a proposed good neighbor FIP are signed by EPA for publication in the Federal Register by February 28,
2022. Id.
Wyoming
On January 3, 2019, the state of Wyoming submitted a SIP submission to address the requirements of
CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. If the EPA proposes and finalizes
disapproval of Wyoming's good neighbor SIP submission, the provisions of CAA section 110(c)(1)
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establish that the Administrator shall promulgate a FIP for the state of Wyoming addressing the
requirements of CAA section 110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS. In the alternative,
if Wyoming withdraws its good neighbor SIP submission before EPA takes final action, and EPA makes a
formal finding of failure to submit, the provisions of CAA section 110(c)(1) establish that the
Administrator shall promulgate a FIP for Wyoming addressing the requirements of CAA section
110(a)(2)(D)(i)(l) with respect to the 2015 ozone NAAQS.
In addition, EPA is obligated, pursuant to a consent decree entered on January 12, 2022 by the U.S.
District Court for the Northern District of California, to take final action on Wyoming's good neighbor SIP
by December 15, 2022. Consent Decree, Downwinders at Risk etal. v. Regan, No. 21-cv-03551 (N.D. Cal.
entered Jan. 12, 2022).
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