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EPA Extends Deadline to Act on Excess Emissions Provisions

Posted Thursday, December 20th, 2012

As previously reported, the Sierra Club petitioned EPA in 2011 to find that thirty-nine states’ excess emissions provisions (including Florida’s) were inconsistent with the Clean Air Act and EPA guidance.  EPA previously agreed to take proposed action on this petition by December 14, 2012, and take final action by June 28, 2013.  On December 17, however, EPA and the Sierra Club extended these deadlines such that EPA must now propose action by February 12, 2013, and take final action by August 27, 2013 (see attached modified Settlement Agreement).  EPA is expected to issue a SIP Call for many of the thirty-nine states, meaning that those states will need to revise their rules and permits accordingly.  A copy of the modified settlement is available here.  We will continue to keep you apprised as this matter develops.  Contact Robert Manning for additional information.

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