Approval of North Dakota SIP For Interstate Transport Requirements For Fine Particulate Matter

Written By: Caltha LLP | Published On: 29th July 2013 | Category: Air Quality | RSS Feed

EPA has approved portions of the North Dakota State Implementation Plan (SIP) submission that demonstrate that North Dakota meets certain interstate transport requirements of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). Specifically, EPA is approving the portion of the North Dakota SIP submission that addresses the CAA requirement prohibiting emissions from North Dakota sources from significantly contributing to nonattainment of the 2006 PM2.5 NAAQS in any other state or interfering with maintenance of the 2006 PM2.5 NAAQS by any other state. The final rule approving the SIP is effective August 28, 2013.

As background, in 2006 EPA promulgated a new NAAQS for PM2.5. By statute, SIPs meeting the “infrastructure” requirements of CAA are to be submitted by states within three years after promulgation of a new or revised standard. Among the infrastructure requirements are the “interstate transport” requirements.

The CAA identifies four elements related to the evaluation of impacts of interstate transport of air pollutants. In this action for North Dakota addresses the first two elements. This action does not address the two elements of the transport SIP provision regarding interference with measures required to prevent significant deterioration of air quality or to protect visibility in another state. EPA plans to address these elements in a separate rulemaking.

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