Finding of Failure To Submit Section 110 State Implementation Plans for Interstate Transport for the 2006 National Ambient Air Quality Standards for Fine Particulate Matter

EPA is making a finding that certain states have failed to submit State Implementation Plans (SIPs) to satisfy the attainment and maintenance interstate transport requirements of the Clean Air Act (CAA) with respect to the 2006 24-hour National Ambient Air Quality Standards (NAAQS) for fine particulate matter (24-hour PM<INF>2.5</INF>). Pursuant to the CAA, states are required to submit SIPs that satisfy the requirements of the CAA related to interstate transport of pollution. This document addresses two elements of that requirement. A state must address its significant contribution to nonattainment and its interference with maintenance of a NAAQS in any neighboring state. The CAA requires that states submit SIPs to meet the applicable requirements of the CAA within 3 years after the promulgation of a new or revised NAAQS, or within such shorter period as EPA may provide. On September 21, 2006, EPA promulgated a final rule establishing new standards for the 24-hour PM<INF>2.5</INF> NAAQS. At present, 29 states or territories have not yet submitted complete SIPs to satisfy the section 110(a) nonattainment and maintenance transport requirements. Through this action, EPA is making a finding of failure to submit these SIPs which creates a 2-year deadline for the promulgation of a Federal Implementation Plan (FIP) by EPA unless, prior to that deadline, a state makes a submission to meet these two requirements of the CAA and EPA approves such submission.