State Implementation Plans Archives

Nov 29, 2017

EPA Fails to Designate Nonattainment Ozone Counties

On November 6, 2017, the United States Environmental Protection Agency (“EPA”) announced which counties in the United States currently meet the more stringent 2015 ozone standards, but failed to announce counties which do not meet the new standards. An estimated 15% of all counties in the U.S. do not meet the new ozone standards; however, without a formal designation by the EPA, states cannot begin to amend their state implementation plans (“SIPs”) for those counties to bring them into compliance with the 2015 standards. Depending upon the severity of the nonattainment, the designation could lead to new pollution control requirements… Read more

Jun 3, 2013

States Claim EPA Proposed “Start-Up Rule” Oversteps Authority Under Clean Air Act

Several states have said in public comments to a U.S. EPA proposed rule that the EPA has exceeded its authority under the Clean Air Act. Under the proposed rule, 36 states would be required to modify their state implementation plans (“SIPs”) to require them to impose restrictions on facilities to control emissions from sources during times of start-up, shutdown, and equipment malfunction. The states argue that, while the EPA has the authority to set national ambient air quality standards, it left to the discretion of the states how to meet the standards. Under the Clean Air Act, the EPA may… Read more

Apr 8, 2013

Georgia and Florida Among 36 States Required to Revise Air Quality Implementation Plans

The States of Georgia and Florida are among 36 states that will be required to revise their State Implementation Plans to eliminate provisions allowing excess emissions during startup, shutdown and malfunction (SSM) events. EPA has granted a petition filed by Sierra Club and WildEarth Guardians seeking an end to the SSM emission allowances. Once finalized, the proposed rule will require that revised State Implementation Plans be submitted by the 36 States affected. EPA plans to publish the proposed rule in the Federal Register, after which it will accept comments on the rule. Once finalized, States will have 18 months to… Read more