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Technical Support Document (TSD)

for the Transport Rule

Docket ID No. EPA-HQ-OAR-2009-0491

Status of CAA 110(a)(2)(D)(i)(I) SIPs

Final Rule TSD

U.S. Environmental Protection Agency

Office of Air and Radiation

June 2011
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Status of CAA 110(a)(2)(D)(i)(I) SIPs

Final Rule TSD

This document gives the status of each Clean Air Act (CAA) 110(a)(2)(D)(i)(I) state 

implementation plan (SIP) for the 1997 ozone NAAQS, 1997 PM2.5 NAAQS and 2006 

PM2.5 NAAQS for each state subject to a Federal implementation plan (FIP) under the 

Transport Rule.

Alabama

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date, received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to 

the Transport Rule, following the D.C. Circuit decision in North Carolina (North 

Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on rehearing, North Carolina v. 

EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008), the CAIR SIP submitted on March 7, 2007 

and approved on October 1, 2007 (72 FR 55659), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. 

In addition, on [INSERT DATE AND CITE FR NOTICE], EPA disapproved a SIP 

revision submitted by the state of Alabama to address the requirements of 

110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, subsequent to that 

date, received and approved a SIP that corrects that deficiency. Based on these facts, the 

provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of Alabama addressing the requirements of 110(a)(2)(D)(i)(I) with 

respect to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Arkansas

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

has not, subsequent to that date, received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted August 

10, 2007 and approved on September 26, 2007 (72 FR 54556), cannot be said to correct 

the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to 

submit. Based on this fact, the provisions of section CAA 110(c)(1) establish that the 

Administrator shall promulgate a FIP for the state of Arkansas addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Florida

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

has not, subsequent to that date, received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on March 
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16, 2007 and approved on October 12, 2007 (72 FR 58016), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. 

Based on this fact, the provisions of section CAA 110(c)(1) establish that the 

Administrator shall promulgate a FIP for the state of Florida addressing the requirements 

of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Georgia

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date, received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to 

the Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on March 28, 2007 and approved on October 9, 2007 (72 FR 57202), cannot be 

said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding 

of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE], EPA 

disapproved a SIP revision submitted by the state of Georgia to address the requirements 

of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, subsequent to 

that date, received and approved a SIP that corrects that deficiency. Based on these facts, 

the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of Georgia addressing the requirements of 110(a)(2)(D)(i)(I) with 

respect to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Illinois

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on September 14, 2007 and approved on October 16, 2007 (72 FR 58528), 

cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 

2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of 

failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i)(I)

with the respect to the 2006 PM2.5 NAAQS (75 FR 32673), and has not, subsequent to 

that date received and approved a SIP that corrects the deficiency. Based on these facts, 

the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of Illinois addressing the requirements of 110(a)(2)(D)(i)(I) with respect 

to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Indiana

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted in parts including the part submitted on June 29, 2009 and approved on 

November 29, 2010 (75 FR 72956, also 72 FR 59480), cannot be said to correct the 
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110(a)(2)(D)(i)(I) deficiencies identified in the April 25,2005 finding of failure to submit. 

In addition, on [INSERT DATE AND CITE FR NOTICE] EPA disapproved a SIP 

revision submitted by the state of Indiana to address the requirements of 110(a)(2)(D)(i)(I) 

with respect to the 2006 PM2.5 NAAQS, and has not, subsequent to that date, received 

and approved a SIP that corrects that deficiency. Based on these facts, the provisions of 

section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the 

state of Indiana addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 

ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Iowa

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM2.5 NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on 

August 15, 2006 and approved on August 6, 2007 (72 FR 43539), cannot be said to 

correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure 

to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SIP to 

address the requirements of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 

2006 PM2.5 NAAQS (75 FR 32673) and has not, subsequent to the date received and 

approved a SIP that corrects the deficiency. Based on these facts, the provisions of 

section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the 

state of Iowa addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 

PM2.5 NAAQS and 2006 PM2.5 NAAQS.

Kansas

On [INSERT DATE AND CITE FR NOTICE], EPA disapproved a SIP revision 

submitted by the state of Kansas to address the requirements of 110(a)(2)(D)(i)(I) with 

respect to the 2006 PM2.5 NAAQS, and has not, subsequent to that date, received and 

approved a SIP that corrects the deficiency. Based on this fact, the provisions of section 

CAA 110(c)(1) establish that the Administrator shall promulgate a FIP for the state of 

Kansas addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5

NAAQS.

Kentucky

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on July 19, 2007 and approved on October 4, 2007 (72 FR 56623), cannot be 

said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding 

of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE], EPA 

disapproved a SIP revision submitted by the state of Kentucky to address the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, 

subsequent to that date, received and approved a SIP that corrects that deficiency. Based 
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on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator 

shall promulgate FIPs for the state of Kentucky addressing the requirements of 

110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 

2006 PM2.5 NAAQS.

Louisiana

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP addressing NOX

submitted on August 20, 2007 and approved on September 28, 2007 (72 FR 55064), 

cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 

finding of failure to submit. Based on this fact, the provisions of section CAA 110(c)(1) 

establish that the Administrator shall promulgate a FIP for the state of Louisiana 

addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Maryland

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on October 24, 2007, revised June 30, 2008 and approved on October 30, 2009 

(74 FR 56117), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in 

the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a 

finding of failure to submit a SIP to address the requirements of CAA section 

110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5 NAAQS (75 FR 32673) and 

has not, subsequent to that date received and approved a SIP that corrects the deficiency. 

Based on these facts, the provisions of section CAA 110(c)(1) establish that the 

Administrator shall promulgate FIPs for the state of Maryland addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM2.5

NAAQS, and 2006 PM2.5 NAAQS.

Michigan

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM2.5 NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted in parts 

including the part submitted on July 16, 2007 and June 10, 2009 and approved on August 

18, 2009 (74 FR 41637, also 72 FR 72256), cannot be said to correct the 110(a)(2)(D)(i)(I) 

deficiency identified in the April 25, 2005 finding of failure to submit. In addition, on 

June 9, 2010, EPA made a finding of failure to submit a SIP to address the requirements 

of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5 NAAQS (75 

FR 32673) and has not, subsequent to that date received and approved a SIP that corrects 
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the deficiency. Based on these facts, the provisions of section CAA 110(c)(1) establish 

that the Administrator shall promulgate FIPs for the state of Michigan addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 PM2.5 NAAQS and 2006 

PM2.5 NAAQS.

Minnesota

On June 9, 2010, EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5

NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP 

that corrects the deficiency. Based on these facts, the provisions of section CAA 

110(c)(1) establish that the Administrator shall promulgate a FIP for the state of 

Minnesota addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 

PM2.5 NAAQS.

Mississippi

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on 

January 16, 2007 and approved on October 3, 2007 (72 FR 56268), cannot be said to 

correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure 

to submit. Based on this fact, the provisions of section CAA 110(c)(1) establish that the 

Administrator shall promulgate a FIP for the state of Mississippi addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Missouri

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM2.5 NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct either 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on May

18, 2007 and approved on December 14, 2007 (72 FR 71073), cannot be said to correct 

the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to 

submit. In addition, on [INSERT DATE AND CITE FR NOTICE], EPA disapproved a 

SIP revision submitted by the state of Missouri to address the requirements of 

110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, subsequent to that 

date, received and approved a SIP that corrects that deficiency. Based on these facts, the 

provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of Missouri addressing the requirements of 110(a)(2)(D)(i)(I) with 

respect to the 1997 PM2.5 NAAQS and 2006 PM2.5 NAAQS.

Nebraska

On June 9, 2010, EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5

NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP 
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that corrects the deficiency. Based on this fact, the provisions of section CAA 110(c)(1) 

establish that the Administrator shall promulgate a FIP for the state of Nebraska 

addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS. 

New Jersey

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on 

February 6, 2007, revised July 9, 2007 and approved on October 1, 2007 (72 FR 55666), 

cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 

finding of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE], 

EPA disapproved a SIP revision submitted by the state of New Jersey to address the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, 

subsequent to that date, received and approved a SIP that corrects that deficiency. Based 

on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator 

shall promulgate FIPs for the state of New Jersey addressing the requirements of 

110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and 2006 PM2.5 NAAQS.

New York

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on September 17, 2007 and approved on January 24, 2008 (73 FR 4109), 

cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 

2005 finding of failure to submit. In addition, on [INSERT DATE AND CITE FR 

NOTICE], EPA disapproved a SIP revision submitted by the state of New York to 

address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, 

and has not, subsequent to that date, received and approved a SIP that corrects that 

deficiency. Based on these facts, the provisions of section CAA 110(c)(1) establish that 

the Administrator shall promulgate FIPs for the state of New York addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM2.5

NAAQS, and 2006 PM2.5 NAAQS.

North Carolina

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted in parts including the part submitted on June 20, 2008 and approved on 

November 30, 2009 (74 FR 62496, also 72 FR 56914), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. 
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In addition, on [INSERT DATE AND CITE FR NOTICE], EPA disapproved a SIP 

revision submitted by the state of North Carolina to address the requirements of 

110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, subsequent to that 

date, received and approved a SIP that corrects that deficiency. Based on these facts, the 

provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of North Carolina addressing the requirements of 110(a)(2)(D)(i)(I) 

with respect to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Ohio

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted in parts including the part submitted on July 15, 2009, supplemented August 

13, 2009 and approved on September 25, 2009 (74 FR 48857, also 73 FR 6034), cannot 

be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 

finding of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE], 

EPA disapproved a SIP revision submitted by the state of Ohio to address the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, 

subsequent to that date, received and approved a SIP that corrects that deficiency. Based 

on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator 

shall promulgate FIPs for the state of Ohio addressing the requirements of 

110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 

2006 PM2.5 NAAQS.

Pennsylvania

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on May 23, 2008 and approved on December 10, 2009 (74 FR 65446), cannot 

be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 

finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure 

to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i)(I) deficiency

with respect to the 2006 PM2.5 NAAQS (75 FR 32673) and has not, subsequent to that 

date received and approved a SIP that corrects the deficiency. Based on these facts, the 

provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of Pennsylvania addressing the requirements of 110(a)(2)(D)(i)(I) with 

respect to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

South Carolina

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 
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revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted in parts including the part submitted on December 4, 2008 and approved on 

October 16, 2009 (74 FR 53167, also 72 FR 57209), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. 

Based on these facts, the provisions of section CAA 110(c)(1) establish that the 

Administrator shall promulgate FIPs for the state of South Carolina addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and 1997 

PM2.5 NAAQS.

Tennessee

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted in parts including the part submitted on July 13, 2009 and approved on 

November 25, 2009 (74 FR 61535, also 72 FR 46388), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. 

In addition, on [INSERT DATE OF SUPPLEMENTAL FINDINGS NOTICE AND FR 

CITATION], EPA made a finding of failure to submit a SIP to address the requirements 

of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5 NAAQS and 

has not, subsequent to that date received and approved a SIP that corrects the deficiency. 

Based on these facts, the provisions of section CAA 110(c)(1) establish that the 

Administrator shall promulgate FIPs for the state of Tennessee addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM2.5

NAAQS, and 2006 PM2.5 NAAQS.

Texas

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted on August 4, 2006 and approved on July 30, 2007 (72 FR 41453), cannot be 

said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding 

of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE], EPA 

disapproved a SIP revision submitted by the state of Texas to address the requirements of 

110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS, and has not, subsequent to that 

date, received and approved a SIP that corrects that deficiency. Based on these facts, the 

provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate 

FIPs for the state of Texas addressing the requirements of 110(a)(2)(D)(i)(I) with respect 

to the 1997 ozone NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Virginia
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On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

has not, subsequent to that date received and approved SIP revisions to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on March 

30, 2007, supplemented on April 30, 2007, and June 11, 2007 and approved on December

28, 2007 (72 FR 73602), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency

identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, 

EPA made a finding of failure to submit a SIP to address the requirements of CAA 

section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5 NAAQS (75 FR 

32673) and has not, subsequent to that date received and approved a SIP that corrects the 

deficiency. Based on these facts, the provisions of section CAA 110(c)(1) establish that 

the Administrator shall promulgate FIPs for the state of Virginia addressing the 

requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and 2006 

PM2.5 NAAQS.

West Virginia

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and 

the 1997 PM2.5 NAAQS and has not, subsequent to that date received and approved SIP 

revisions to correct either deficiency. (See 70 FR 21147.) As noted in the preamble to the 

Transport Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP 

submitted in parts including the part submitted on April 22, 2008 and approved on 

August 4, 2009 (74 FR 38536, also 72 FR 71576), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. 

In addition, on June 9, 2010, EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5

NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP 

that corrects the deficiency. Based on these facts, the provisions of section CAA 

110(c)(1) establish that the Administrator shall promulgate FIPs for the state of West 

Virginia addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone

NAAQS, 1997 PM2.5 NAAQS, and 2006 PM2.5 NAAQS.

Wisconsin

On April 25, 2005 EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM2.5 NAAQS and 

has not, subsequent to that date received and approved a SIP revision to correct the 

deficiency. (See 70 FR 21147.) As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP submitted on June 

19, 2007 and approved on October 16, 2007 (72 FR 58542), cannot be said to correct the 

110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. 

In addition, on June 9, 2010, EPA made a finding of failure to submit a SIP to address the 

requirements of CAA section 110(a)(2)(D)(i)(I) deficiency with respect to the 2006 PM2.5

NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP 

that corrects the deficiency. Based on these facts, the provisions of section CAA 

110(c)(1) establish that the Administrator shall promulgate FIPs for the state of 
11

Deliberative – Do Not Cite or Quote

Wisconsin addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 

PM2.5 NAAQS and 2006 PM2.5 NAAQS.