We are very disappointed that the Administration did not appeal the March 2 decision in defense of its rule. We disagreed with that assessment from both legal and practical standpoints. We are now dealing with the consequences of that decision. The guidance the EPA and U.S. DOT issued May 14 and June 18 to their field offices for compliance with the March 2 decision, in our opinion, provides a recipe for delay-particularly for new highway projects. The guidance essentially says that EPA is going to tighten up its SIP administrative review and approval process and make decisions in a more timely manner.
History suggests otherwise.
Since 1997, the agency has completed 34 SIP adequacy reviews, approving nearly two-thirds. EPA tells us that they currently have 21 SIP submissions pending for adequacy review. Under the guidance sent out May 14, EPA said that it would complete reviews on these SIPs within 90 days of submission. The public comment period for the 21 pending submissions will be completed this month. We are extremely skeptical that they can meet that deadline, given the expanded workload.