Final rule · 2026-11884

Partial Withdrawals of Findings of Failure To Submit State Implementation Plan (SIP) Revisions To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction

The U.S. Environmental Protection Agency (EPA) is partially withdrawing two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions to address the Agency's 2015 findings of substantial inadequacy and "SIP call" for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). The partial withdrawal affects six air pollution control agencies. Withdrawing relevant parts of the findings for failure to submit is consistent with the decision from the U.S. Court of Appeals for the District of Columbia Circuit Court (D.C. Circuit) partially vacating the findings of substantial inadequacy and SIP call. This final action renders no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP).