Contact: Joseph Brown
On November 8, 2012, the U.S. Environmental Protection Agency (“EPA”) published final action approving of Florida’s state implementation plan (“SIP”) as meeting Clean Air Act section 110(a)(1) and (2) requirements for the 1997 annual and 2006 24-hour PM2.5 national ambient air quality standards (“NAAQS”). 77 Fed. Reg. 66927. EPA’s final approval, however, excludes section 110(a)(2)(D)(i) interstate transport requirements. EPA indicates it will take action on the interstate transport requirements in a separate action. But, as previously reported in the HGS Environmental Update, EPA has already published a separate final action on October 11, 2012, approving of Florida’s SIP as meeting interstate transport requirements for the 2006 24-hour PM2.5 NAAQS based on EPA’s own Cross-State Air Pollution Rule modeling. Thus, ostensibly, the only action left for EPA to take is with respect to interstate transport requirements for the 1997 annual PM NAAQS.