Federal Implementation Plans for the Clean Air Interstate Rule: Automatic Withdrawal Provisions

• Date: December 10, 2009
• Source: www.epa.gov

EPA is taking direct final action to amend the Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) to provide for automatic withdrawal of the CAIR FIPs in a State upon the effective date of EPA’s approval of a full State implementation plan (SIP) revision meeting the CAIR requirements. All CAIR States are required to revise their SIPs to include control measures to reduce the emissions of nitrogen oxides (NOX) and/or sulfur dioxide (SO2). The EPA issued the CAIR FIPs on April 28, 2006 as a backstop to implement the CAIR in each CAIR State until that State has an EPA-approved CAIR SIP in place to achieve the required reductions. In the FIP rulemaking, EPA stated it would withdraw the FIPs in a State in coordination with the approval of the CAIR SIP for that State.
In this action EPA makes the FIP withdrawal in a State automatic upon approval of the State’s full CAIR SIP and to the extent of that approval. EPA believes it is appropriate for the FIP withdrawal to be automatic because to the extent EPA approves the State’s full CAIR SIP, this corrects that deficiency that provided the basis for EPA’s promulgation of the FIPs in that State.

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