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The U.S. Environmental Protection Agency (EPA) Agrees to Deadline to Approve or Disapprove State Implementation Plans for Twenty States


As reported elsewhere in this issue, upon promulgation of a new or revised NAAQS, states are required by the Clean Air Act to address SIP requirements for implementation, maintenance and enforcement of the new or revised NAAQS.  Such SIP submissions are known as “infrastructure” SIPs.  Earlier this year, WildEarth Guardians and Sierra Club filed separate lawsuits in the United States District Court for the Northern District of California alleging that EPA has failed, among other things, to take final action on infrastructure SIPs for twenty states, including Kentucky, regarding the 2006 PM2.5 NAAQS.  On September 1, 2011, EPA filed notice of a proposed consent decree that would resolve the lawsuits.  The proposed consent decree would set a schedule for EPA to approve or disapprove, in whole or in part, Section 110 SIP submittals for the twenty states.  The proposed consent decree also provides a schedule for review and publication of final actions in the Federal Register.  According to the proposed consent decree, final action on the Kentucky infrastructure SIP will be signed no later than September 30, 2012.

To view a complete PDF of the Third Quarter 2011 issue of the Air Quality Letter, click HERE.


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