Information to assist interagency review of the rule titled " Regional Haze: 

Revisions to Provisions Governing Alternatives to Source -Specific Best 

Available Retrofit Technology (BART) Determinations, Limited SIP 

Disapprovals, and Federal Implementation Plans "

Phil Lorang to: Kymn, Christine J. 12/01/2011 01:43 PM

Cc: Lea Anderson, Martha Keating, Paula VanLare, Rhea Jones

From: Phil Lorang/RTP/USEPA/US

To: "Kymn, Christine J." <Christine_J._Kymn@omb.eop.gov>

Cc: Lea Anderson/DC/USEPA/US@EPA, Martha Keating/RTP/USEPA/US@EPA, Paula 

VanLare/DC/USEPA/US@EPA, Rhea Jones/RTP/USEPA/US@EPA

Christine

I'd like to talk you through the attached information. Can we do that today after 5 pm or anytime 

tomorrow? 

States that changed between CAIR and CSAPR EO Review.docx

Phil Lorang, Senior Policy Advisor

Air Quality Policy Division, OAQPS, EPA

919-541-5463

919-244-4037 (cell)
Current as of December 1, 2011

States with a Change in Status from CAIR to Initial CSAPR, 

Or from CAIR to CSAPR+Supplemental Proposal for Six States

Key Points

• The states newly coming into CSAPR did not previously adopt any costly EGU BART 

controls for the pollutants covered by CSAPR. Also, EPA has not proposed or adopted 

any such controls under a FIP. 

• Even after the CSAPR Better-than-BART rule is final, states may decide to retain the low 

cost controls that they have adopted as BART, because these controls are useful and costeffective for purposes of compliance with CSAPR.

• CSAPR will allow EPA to approve some SIPs for newly included states that otherwise 

might have presented approval issues as submitted. 

State1 CASPR vs. CAIR

Finding of 

Failure to 

Submit RH 

SIP?2

Consent 

Decree 

Publication 

Date of 

Proposed 

Acton

Consent Decree 

Publication Date 

of Final Action

Connecticut

(NPCA et al.) 

In CAIR for ozone-season 

NOx.

Not in CSAPR.

Yes March 15, 2012 July 13, 2012

Florida

(NPCA et al.)

In CAIR for SO2 and 

NOx. In CSAPR only for 

NOx.

Yes May 15, 2012 November 15, 2012

Iowa

(NPCA et al.)

In CAIR for PM2.5 

(annual SO2 and NOx), 

and ozone-season NOx.

In first CSAPR rule only 

for PM2.5 (annual SO2 

and NOx), but proposed to 

be added for ozone-season

NOx.

No February 15, 2012 June 15, 2012

Kansas

(NPCA et al.)

Not in CAIR.

In first CSAPR rule only 

for PM2.5 (annual SO2 

and NOx), but proposed to 

be added for ozone-season 

NOx.

Yes August 23, 2011

Completed

December 15, 2011

Louisiana

(NPCA et al.)

In CAIR for PM2.5 

(annual SO2 and NOx), 

and ozone-season NOx.

In CSAPR only for ozoneseason NOx.

No February 15, 2012 June 15, 2012

Massachusetts

(NPCA et al.)

In CAIR for ozone-season 

NOx.

Not in CSAPR.

Yes March 15, 2012 July 13, 2012
Current as of December 1, 2011

State1 CASPR vs. CAIR

Finding of 

Failure to 

Submit RH 

SIP?2

Consent 

Decree 

Publication 

Date of 

Proposed 

Acton

Consent Decree 

Publication Date 

of Final Action

Michigan

(NPCA et al.)

In CAIR for PM2.5 

(annual SO2 and NOx), 

and ozone-season NOx.

In first CSAPR rule only 

for PM2.5 (annual SO2 

and NOx), but proposed to 

be added for ozone-season 

NOx.

Yes May 15, 2012 November 15, 2012

Minnesota

(NPCA et al.)

Originally in CAIR for 

only for PM2.5 (annual 

SO2 and NOx) but this 

inclusion was stayed and 

the stay has not be lifted.

In first CSAPR rule only 

for PM2.5 (annual SO2 

and NOx), but proposed to 

be added for ozone-season 

NOx.

Yes January 17, 2012 May 15, 2012

Mississippi

(NPCA et al.)

In CAIR for PM2.5 

(annual SO2 and NOx), 

and ozone-season NOx.

In CSAPR only for ozoneseason NOx.

No February 15, 2012 June 15, 2012

Nebraska

(NPCA et al.)

Not in CAIR.

In first CSAPR rule only 

for PM2.5 (annual SO2 

and NOx), but proposed to 

be added for ozone-season 

NOx.

Yes February 15, 2012 June 15, 2012

Oklahoma

(WEG1)

Not in CAIR.

Not in first CSAPR rule, 

but proposed to be added 

for ozone-season NOx.

Yes March 22, 2011

Completed

December 13, 2011

1 There are five separate consent decrees with deadlines for EPA action:

o A final 2009 consent decree with WildEarth Guardians (WEG1) for seven western states 

(OR, ID, CA, NM, OK, CO and ND). The WEG consent decree is related to Section 110 

of the Clean Air Act, which requires each state to also submit a “visibility transport” SIP 

to ensure that sources of air pollution in a given state do not interfere with neighboring 

states’ efforts to protect visibility. 

o A final consent decree with the Sierra Club (Sierra Club), addressing all Regional Haze 

SIP elements only for Arkansas.

o A final consent decree with WildEarth Guardians (WEG2) addressing all Regional Haze 

SIP elements for certain states in EPA Region 8 (CO, MT, ND, UT, and WY)
Current as of December 1, 2011

o A final consent decree with Kentucky Environmental Foundation (KEF) addressing all 

Regional Haze SIP elements for only Kentucky.

o A negotiated but not yet final consent decree with the National Parks Conservation 

Association and others (NPCA, et al.) addressing all remaining EPA duties not otherwise 

covered by the other consent decrees. This draft consent decree was cleared by OMB on 

October 18, 2011. It will be entered with the court and noticed in the Federal Register for 

public comment prior to becoming binding on EPA.

2 If a finding of failure was made, EPA must fully approve the SIP or fill any gaps with a FIP by 

the date shown. If a finding was not made, EPA disapproval of the FIP starts a new 2-year clock 

for such action.