1

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

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

Final Rule TSD

This document describes, for each state subject to a Federal implementation plan (FIP) with 

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

the Transport Rule, the status of each Clean Air Act (CAA) 110(a)(2)(D)(i)(I) state 

implementation plan (SIP) for the relevant NAAQS. It describes, for these states, any findings of 

failure to submit 110(a)(2)(D)(i)(I) SIPs made by EPA for the relevant NAAQS and any actions 

taken by EPA with respect to 110(a)(2)(D)(i)(I) SIP submissions for the relevant NAAQS 

received from these states. The facts presented in this TSD support EPA’s conclusion that it has 

a legal obligation to promulgate each of the FIPs in this final 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 (70 FR 21147) and has not, subsequent to that date, received and approved SIP 

revisions to correct either deficiency. On March 7, 2007, Alabama submitted a SIP revision to 

replace the CAIR FIP for the 1997 ozone NAAQS and the CAIR FIP for the 1997 PM2.5

NAAQS in Alabama. This SIP revision incorporated the CAIR trading programs for annual 

NOX, annual SO2, and ozone-season NOX into the Alabama SIP. 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), this CAIR SIP which was approved by EPA 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 this action, EPA also is correcting and narrowing its 

approval of that SIP submittal. In addition, on June 28, 2011, the Administrator for EPA Region 

4 signed a notice disapproving 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 (70 FR 21147) and has not, 

subsequent to that date, received and approved a SIP revision to correct the deficiency. On 

August 10, 2007, Arkansas submitted a SIP revision to replace the CAIR FIP for the 1997 ozone 

NAAQS in Arkansas. This SIP revision incorporated the CAIR trading program for ozoneseason NOX into the Arkansas SIP. As noted in the preamble to the Transport Rule, following 

the D.C. Circuit decision in North Carolina, the CAIR SIP which was approved by EPA 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. In this action, EPA also is correcting 

and narrowing its approval of that SIP submittal. Based on these facts, the provisions of section 
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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 (70 FR 21147) and has not, 

subsequent to that date, received and approved a SIP revision to correct the deficiency. On 

March 16, 2007, Florida submitted a SIP revision to, among other things, replace the CAIR FIP 

for the 1997 ozone NAAQS in Florida. This SIP revision incorporated the CAIR trading 

program for ozone-season NOX into the Florida SIP. As noted in the preamble to the Transport 

Rule, following the D.C. Circuit decision in North Carolina, this CAIR SIP which was approved 

by EPA 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. In this action, EPA also 

is correcting and narrowing its approval of that SIP submittal. Based on these facts, 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 PM2.5 NAAQS (70 FR 21147) and has not, 

subsequent to that date, received and approved a SIP revision to correct the deficiency. On 

March 28, 2007, Georgia submitted a SIP revision to replace the CAIR FIP for the 1997 PM2.5

NAAQS in Georgia. This SIP revision incorporated the CAIR trading programs for annual NOX

and annual SO2 into the Georgia SIP. As noted in the preamble to the Transport Rule, following 

the D.C. Circuit decision in North Carolina, the CAIR SIP which was approved by EPA 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 this action, EPA also is correcting 

and narrowing its approval of that SIP submittal. In addition, on June 28, 2011, the 

Administrator for EPA Region 4 signed a notice disapproving 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. On September 14, 2007, Illinois submitted a SIP revision to replace 

the CAIR FIP for the 1997 ozone NAAQS and the CAIR FIP for the 1997 PM2.5 NAAQS in 

Illinois. The SIP revision incorporated the CAIR trading programs for annual NOX, annual SO2, 

and ozone-season NOX into the Illinois SIP. As noted in the preamble to the Transport Rule, 

following the D.C. Circuit decision in North Carolina, the CAIR SIP which was approved by 
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EPA 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 this action, EPA is 

correcting and narrowing its approval of that SIP submittal. 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. Indiana submitted a CAIR SIP in parts, including the part submitted 

on June 29, 2009, to replace the CAIR FIP for the 1997 ozone NAAQS and a CAIR FIP for the 

1997 PM2.5 NAAQS in Indiana. These SIP revisions incorporated the CAIR trading programs 

for annual NOX, annual SO2, and ozone-season NOX into the Indiana SIP. As noted in the 

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

abbreviated CAIR SIP submittal approved by EPA on October 22, 2007 (72 FR 59480) and the 

CAIR SIP submittal approved by EPA on November 29, 2010 (75 FR 72956), 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 this action, EPA also is correcting and narrowing its approval of those SIP submittals. 

In addition, on June 28, 2011, the Administrator for EPA Region 5 signed a notice disapproving

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 (70 FR 21147) and has not, 

subsequent to that date received and approved a SIP revision to correct the deficiency. On 

August 15, 2006, Iowa submitted a SIP revision to, among other things, replace the CAIR FIP 

for the 1997 PM2.5 NAAQS for Iowa. This SIP revision incorporated the CAIR trading programs 

for annual NOX and annual SO2 into the Iowa SIP. As noted in the preamble to the Transport 

Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP approved by EPA 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 this action, EPA also is correcting 

and narrowing its approval of that SIP submittal. 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 
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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 June 28, 2011, the Administrator for EPA Region 7 signed a notice disapproving 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. On July 19, 2007, Kentucky submitted a SIP revision to replace the 

CAIR FIP for the 1997 ozone NAAQS and the CAIR FIP for the 1997 PM2.5 NAAQS in 

Kentucky. This SIP revision incorporated the CAIR trading programs for annual NOX, annual 

SO2, and ozone-season NOX into the Kentucky SIP. As noted in the preamble to the Transport 

Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP approved by EPA 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 this action, EPA also is correcting 

and narrowing its approval of that SIP submittal. In addition, on June 28, 2011, the 

Administrator for EPA Region 4 signed a notice disapproving 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 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 (70 FR 21147) and has not, 

subsequent to that date received and approved a SIP revision to correct the deficiency. On 

August 20, 2007 Louisiana submitted an abbreviated CAIR SIP which, among other things,

modified the CAIR FIP for the 1997 ozone NAAQS. The abbreviated CAIR SIP modified 

provisions to the CAIR FIPs found in the ozone-season NOX CAIR trading program. As noted 

in the preamble to the Transport Rule, the abbreviated SIPs approved by EPA modified but did 

not replace the CAIR FIPs promulgated by EPA. Following approval of the abbreviated CAIR 

SIP, the CAIR FIP remained the legal vehicle for implementation of the CAIR ozone-season 

requirements in Louisiana. The CAIR FIPs were found unlawful and remanded to EPA to be 

replaced by rules consistent with the D.C. Circuit decision in North Carolina. EPA’s approval of 

an abbreviated CAIR SIP thus has no impact on EPA’s authority and obligation to promulgate a 

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

to submit. In this action, EPA also is correcting and narrowing its approval of that SIP submittal. 
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Based on these facts, 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. Maryland submitted a SIP revision on October 24, 2007 and then 

submitted a revised submittal on June 30, 2008 to replace the CAIR FIP for the 1997 ozone 

NAAQS and the CAIR FIP for the 1997 PM2.5 NAAQS in Maryland. This SIP revision 

incorporated the CAIR trading programs for annual NOX, annual SO2, and ozone-season NOX

into the Maryland SIP. As noted in the preamble to the Transport Rule, following the D.C. 

Circuit decision in North Carolina, the CAIR SIP approved by EPA 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 this action, EPA also is correcting and narrowing its 

approval of that SIP submittal. 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 (70 FR 21147) and has not, 

subsequent to that date, received and approved a SIP revision to correct the deficiency. On July 

16, 2007, Michigan submitted an abbreviated CAIR SIP revision which, among other things, 

modified the CAIR FIP for the 1997 PM2.5 NAAQS; then, on June 10, 2009, Michigan submitted 

a revised abbreviated SIP revision. EPA approved these abbreviated SIP revisions on December 

20, 2007 (72 FR 72256) and August 18, 2009 (74 FR 41637). As noted in the preamble to the 

Transport Rule, the abbreviated SIPs approved by EPA modified but did not replace the CAIR 

FIPs promulgated by EPA. Following approval of the abbreviated CAIR SIP, the CAIR FIP 

remained the legal vehicle for implementation of the CAIR ozone-season and annual 

requirements in Michigan. The CAIR FIPs were found unlawful and remanded to EPA to be 

replaced by rules consistent with the D.C. Circuit decision in North Carolina. EPA’s approval of 

an abbreviated CAIR SIP thus has no impact on EPA’s authority and obligation to promulgate a 

FIP 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 Michigan addressing the 

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

NAAQS.
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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 this fact, 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 (70 FR 21147) and has not, 

subsequent to that date received and approved a SIP revision to correct the deficiency. On 

January 16, 2007, Mississippi submitted a SIP revision to, among other things, replace the CAIR 

FIP for the 1997 ozone NAAQS for Mississippi. This SIP revision incorporated the CAIR 

trading program for ozone-season NOX into the Mississippi SIP. As noted in the preamble to the 

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

by EPA 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. In this action, EPA also 

is correcting and narrowing its approval of that SIP submittal. 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 (70 FR 21147) and has not, 

subsequent to that date received and approved a SIP revision to correct either deficiency. On 

May 18, 2007, Missouri submitted a SIP revision to, among other things, replace the CAIR FIP 

for the 1997 PM2.5 NAAQS for Missouri. This SIP revision incorporated the CAIR trading 

programs for annual NOX and annual SO2 into the Missouri SIP. As noted in the preamble to the 

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

by EPA 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 this action, EPA also 

is correcting and narrowing its approval of that SIP submittal. In addition, on June 28, 2011, the 

Administrator for EPA Region 7 signed a notice disapproving 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 that corrects the 

deficiency. Based on this fact, the provisions of section CAA 110(c)(1) establish that the 
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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 (70 FR 21147) and has not, 

subsequent to that date received and approved a SIP revision to correct the deficiency. On 

February 6, 2007, New Jersey submitted an abbreviated CAIR SIP revision, and then on July 9, 

2007, submitted a revised submittal to, among other things, modify the CAIR FIP for the 1997 

ozone NAAQS for New Jersey. As noted in the preamble to the Transport Rule, the abbreviated 

SIPs approved by EPA on October 1, 2007 (72 FR 55666), modified but did not replace the 

CAIR FIPs promulgated by EPA. Following approval of the abbreviated CAIR SIP, the CAIR 

FIP remained the legal vehicle for implementation of the CAIR ozone-season requirements in 

New Jersey. The CAIR FIPs were found unlawful and remanded to EPA to be replaced by rules 

consistent with the D.C. Circuit decision in North Carolina. EPA’s approval of an abbreviated 

CAIR SIP thus has no impact on EPA’s authority and obligation to promulgate a FIP 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 1, 2011 the Administrator for EPA Region 2 signed a notice disapproving 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. On September 17, 2007, New York submitted a SIP revision to 

replace the CAIR FIP for the 1997 ozone NAAQS and the CAIR FIP for the 1997 PM2.5

NAAQS in New York. This SIP revision incorporated the CAIR trading programs for annual 

NOX, annual SO2, and ozone-season NOX into the New York SIP. As noted in the preamble to 

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

approved by EPA 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 

this action, EPA also is correcting and narrowing its approval of that SIP submittal. In addition, 

on June 1, 2011 the Administrator for EPA Region 2 signed a notice disapproving 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.
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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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. North Carolina submitted a CAIR SIP in parts, including the part 

submitted on June 20, 2008, to replace the CAIR FIP for the 1997 ozone NAAQS and the CAIR 

FIP for the 1997 PM2.5 NAAQS in North Carolina. These SIP revisions incorporated the CAIR 

trading programs for annual NOX, annual SO2, and ozone-season NOX into the North Carolina 

SIP. As noted in the preamble to the Transport Rule, following the D.C. Circuit decision in 

North Carolina, the abbreviated CAIR SIP submittal approved by EPA on October 5, 2007 (72 

FR 56914) and the CAIR SIP submittal approved on November 30, 2009 (74 FR 62496), 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 this action, EPA is correcting and narrowing its approval of those SIP 

submittals. In addition, on June 28, 2011, the Administrator for Region 4 signed a notice

disapproving 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. Ohio submitted a CAIR SIP in parts, including the parts submitted 

on July 16, 2009 and August 13, 2009, to replace the CAIR FIP for the 1997 ozone NAAQS and 

the CAIR FIP for the 1997 PM2.5 NAAQS in Ohio. These SIP revisions incorporated the CAIR 

trading programs for the annual NOX, annual SO2, and ozone-season NOX in the Ohio SIP. As 

noted in the preamble to the Transport Rule, following the D.C. Circuit decision in North 

Carolina, the abbreviated CAIR SIP submittal approved by EPA on February 1, 2008 (73 FR 

6034) and the CAIR SIP submittal approved by EPA on September 25, 2009 (74 FR 48857, ), 

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 this action, EPA also is correcting and narrowing its approval of 

those SIP submittals. In addition, on June 28, 2011, the Administrator for EPA Region 5 signed 

a notice disapproving 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 
10

to correct either deficiency. On May 23, 2008, Pennsylvania submitted a SIP revision to replace 

the CAIR FIP for the 1997 ozone NAAQS and the CAIR FIP for the 1997 PM2.5 NAAQS in 

Pennsylvania. This SIP revision incorporated the CAIR trading programs for annual NOX, 

annual SO2, and ozone-season NOx into the Pennsylvania SIP. As noted in the preamble to the 

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

by EPA 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 this action, EPA also 

is correcting and narrowing its approval of that SIP submittal. 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. South Carolina submitted a CAIR SIP in parts, including the part 

submitted on December 4, 2008 to replace the CAIR FIP for the 1997 ozone NAAQS and the 

CAIR FIP for the 1997 PM2.5 NAAQS in South Carolina. These SIP revisions incorporated the 

CAIR trading programs for annual NOX, annual SO2, and ozone-season NOX into the South 

Carolina SIP. As noted in the preamble to the Transport Rule, following the D.C. Circuit 

decision in North Carolina, the abbreviated CAIR SIP submittal approved by EPA on October 9, 

2007 (72 FR 57209) and the CAIR SIP submittal approved on October 16, 2009 (74 FR 53167), 

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 this action, EPA also is correcting and narrowing its approvals of 

those SIP submittals. 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 (70 Fr 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. On September 8, 2006, Tennessee submitted an abbreviated CAIR 

SIP to modify the CAIR FIP for the 1997 ozone NAAQS and the 1997 PM2.5 NAAQS. 

Tennessee subsequently submitted a revision to the abbreviated SIP containing technical 

corrections. EPA approved these abbreviated SIP submissions on August 20, 2007 (72 FR 

46388) and November 25, 2009 (74 FR 61535). As noted in the preamble to the Transport Rule, 

the abbreviated SIPs approved by EPA modified but did not replace the CAIR FIPs promulgated 

by EPA. Following approval of the abbreviated CAIR SIP, the CAIR FIP remained the legal 

vehicle for implementation of the CAIR ozone-season and annual requirements in Tennessee. 

The CAIR FIPs were found unlawful and remanded to EPA to be replaced by rules consistent 
11

with the D.C. Circuit decision in North Carolina. EPA’s approval of an abbreviated CAIR SIP 

thus has no impact on EPA’s authority and obligation to promulgate a FIP to correct the 

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

addition, on July 1, 2011, the EPA Assistant Administrator for Air and Radiation signed 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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. On August 4, 2006, Texas submitted an abbreviated CAIR SIP 

modifying the provisions of the CAIR FIP for the 1997 ozone NAAQS and the CAIR FIP for the 

1997 PM2.5 NAAQS for Texas. As noted in the preamble to the Transport Rule, the abbreviated 

SIPs approved by EPA on July 30, 2007 (72 FR 41453), modified but did not replace the CAIR 

FIPs promulgated by EPA. Following approval of the abbreviated CAIR SIP, the CAIR FIP 

remained the legal vehicle for implementation of the CAIR annual requirements in Texas. The 

CAIR FIPs were found unlawful and remanded to EPA to be replaced by rules consistent with 

the D.C. Circuit decision in North Carolina. EPA’s approval of an abbreviated CAIR SIP thus 

has no impact on EPA’s authority and obligation to promulgate a FIP to correct the 

110(a)(2)(D)(i)(I) deficiency 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 Texas addressing the requirements of 110(a)(2)(D)(i)(I) with 

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

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 (70 FR 21147) and has not, 

subsequent to that date received and approved SIP revisions to correct the deficiency. On March 

30, 2007, Virginia submitted a CAIR SIP, then submitted revised submittals on April 30, 2007 

and June 11, 2007, to among other things, replace the CAIR FIP for the 1997 ozone NAAQS in 

Virginia. The SIP revisions incorporated the CAIR trading programs for annual NOX, annual 

SO2, and ozone-season NOX into the Virginia SIP. As noted in the preamble to the Transport 

Rule, following the D.C. Circuit decision in North Carolina, the CAIR SIP approved by EPA 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 this action, EPA also is correcting 

and narrowing its approval of that SIP submittal. 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 
12

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 (70 FR 21147) and has not, subsequent to that date received and approved SIP revisions 

to correct either deficiency. West Virginia submitted a CAIR SIP in parts, including the parts 

submitted on June 8, 2007 and on April 22, 2008, to replace the CAIR FIP for the 1997 ozone 

NAAQS and the CAIR FIP for the 1997 PM2.5 in West Virginia. These SIP revisions 

incorporated the CAIR trading programs for annual NOX, annual SO2, and ozone-season NOX

into the West Virginia SIP. As noted in the preamble to the Transport Rule, following the D.C. 

Circuit decision in North Carolina, the abbreviated CAIR SIP revision approved by EPA on 

December 18, 2007 (72 FR 71576) and the CAIR SIP revision approved by EPA on August 4, 

2009 (74 FR 38536), 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 this action, EPA is correcting and narrowing its 

approval of those SIP submittals. 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 (70 FR 21147) and has not, 

subsequent to that date received and approved a SIP revision to correct the deficiency. On June 

19, 2007, Wisconsin submitted an abbreviated CAIR SIP to, among other things, modify the 

CAIR FIP for the 1997 PM2.5 NAAQS for Wisconsin. As noted in the preamble to the Transport 

Rule, the abbreviated SIPs approved by EPA on October 16, 2007 (72 FR 58542), modified but 

did not replace the CAIR FIPs promulgated by EPA. Following approval of the abbreviated 

CAIR SIP, the CAIR FIP remained the legal vehicle for implementation of the CAIR ozoneseason requirements in Wisconsin. The CAIR FIPs were found unlawful and remanded to EPA 

to be replaced by rules consistent with the D.C. Circuit decision in North Carolina. EPA’s 

approval of an abbreviated CAIR SIP thus has no impact on EPA’s authority and obligation to 

promulgate a FIP 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 Wisconsin 

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

2006 PM2.5 NAAQS.