On December 5, 2012, the U.S. Environmental Protection Agency (EPA) proposed to partially approve and partially disapprove of a limited aspect of Florida’s state implementation plan (SIP) for the 1997 annual and 2006 24-hour PM2.5 national ambient air quality standards (NAAQS). 77 Fed. Reg. 72,287 (Dec. 5, 2012). Specifically, EPA’s action addresses what EPA refers to as “prong three” of four prongs constituting the Clean Air Act’s section 110(a)(2)(D)(i) interstate transport requirements. Prong three requires Florida’s SIP to include provisions prohibiting any source in the state from interfering with any measures required to prevent significant deterioration of air quality in another state. Prong four is related to interstate interference with measures protecting visibility in another state. Prong three and four are collectively identified in section 110(a)(2)(D)(i)(II) of the Act. Prongs one and two are collectively identified in section 110(a)(2)(D)(i)(I) of the Act and prohibit states from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another state. Prongs one and two constitute the basis for EPA’s efforts to regulate the interstate transport of emissions in the Clean Air Interstate Rule and its currently vacated successor, the Cross-State Air Pollution Rule.
EPA’s proposed action approves of Florida’s SIP as satisfying prong three, except as it relates to greenhouse gas permitting requirements. EPA notes, however, that EPA’s partial disapproval of Florida’s SIP with respect to prong three does not result in any further obligations for Florida because EPA has already promulgated a federal implementation plan for greenhouse gas permitting in Florida.
While EPA’s proposed action only addresses prong three of the Act’s interstate transport requirements, EPA already took final action approving of Florida’s SIP as satisfying all of the Act’s requirements with respect to the 1997 and 2006 PM2.5 NAAQS except section 110(a)(2)(D)(i)(I) and (II) interstate transport requirements; i.e., pongs one through four. 77 Fed. Reg. 66,927 (Nov. 8, 2012). In addition, EPA also already took final action approving of Florida’s SIP as meeting prongs one and two of the Act’s interstate transport requirements for the 2006 PM2.5 NAAQS based on EPA’s own Cross-State Air Pollution Rule modeling. 77 Fed. Reg. 61,724 (Oct. 11, 2012).
Contact: Joseph Brown