Special Notice

On April 19, 2013, Utah submitted an Infrastructure State Implementation Plan (ISIP) for the 2010 NO ₂ NAAQS. The ISIP cited EPA Administrator Gina McCarthy’s November 19, 2012 memo, Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule. The memo outlined EPA's intention to abide by the EME Homer City decision (EME Homer City Generation, L.P. v. E.P.A., 696 F.3d 7 (D.C. Cir. 2012)). This decision required EPA to quantify state transport obligations before deeming SIPs deficient. The 2012 ISIP noted that EPA had not quantified Utah’s obligation, and that the ISIP adequately addressed interstate transport obligations. However, on April 29, 2014, the U.S. Supreme Court reversed and remanded the D.C. Circuit’s EME Homer City ruling and upheld EPA's approach in the Cross-State Air Pollution Rule (EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584, 1610 (2014)). As a result of the Supreme Court reversal, each state is required to address the interstate transport requirements of 110(a)(2)(D)(i) regardless of whether EPA has quantified the state's obligation. In response to the Supreme Court's decision, the following amendments update the Utah 2010 NO ₂ ISIP, addressing prongs 1 and 2 of Section 110(a)(2)(D)(i), to adequately address its interstate transport obligations. This document is available for public comment and can be viewed at: https://deq.utah.gov/NewsNotices/notices/air/Pubrule.htm

The comment period closes at 5:00 p.m. on March 30, 2018. Comments postmarked on or before that date will be accepted. Comments may be submitted by electronic mail to thomasgunter@utah.gov or may be mailed to: