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

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 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 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 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 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 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.  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 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

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 Wisconsin 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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Deliberative – Do Not Cite or Quote

