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Much of the emphasis in the sphere of environmental law is on the federal statutes and regulations. However, as the Jennings text points out (2015, pp. 357-358), the states also play a vital role. For instance, there are areas of environmental “cooperation” (whether voluntary or imposed) between the federal and state governments. A primary example of this, mentioned in both texts (Jennings, 2015, pp. 340-341, and Emerson, 2015, pp. 554-555), are the state implementation plan programs required under the Clean Air Act, as amended.

Rather than have you delve into the myriad of state regulations themselves,you may scour the Code of Federal Regulations to find the state implementation plan for a state air implementation plan of your choice. When you have found it (one other than a state provided by any of your classmates, so there might be some incentive to do this one relatively early in the week), please provide the initial citation, including the Subpart, for where that state’s implementation plan begins in the Code of Federal Regulations, and then the date and Federal Register citation for when initial (some, as with the District of Columbia, which follows as an example, have more than one citation) approval status was granted for that plan. For example, using the District of Columbia, it would be 40 C.F.R., Part 52, Subpart J, § 52.470, with initial status approval on Dec. 6, 1973, § 52.472.

EXAMPLE:

  • Find the state implementation plan for a state air implementation plan in the Code of Federal Regulations. Provide the initial citation, including Subpart, for where that state’s implementation plan begins in the Code of Federal Regulations, and then the date and Federal Register citation for when initial approval status was granted for that plan.Using the state of Alabama, the initial citation in the C.F.R. would be 40 C.F.R., Part 52, Subpart B, § 52.50, with initial status approval on May 27, 2014, § 52.53.
  • Subpart B—Alabama§ 52.50 Identification of plan.(a) Purpose and scope. This section sets forth the applicable State implementation plan for Alabama under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 1, 2008, for Alabama was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the FEDERAL REGISTER. Entries in paragraphs (c) and (d) of this section with EPA approval dates after August 1, 2008, for Alabama will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1). (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303 the Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566– 1742. For information on the availability of this material at NARA, call 202–741–6030,
    • § 52.53 Approval status.With the exceptions set forth in this subpart, the Administrator approves Alabama’s plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977. (a) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on August 20, 2012, to address the Clean Air Act (CAA) section 110(a)(2)(E)(ii) for the 2008 8-hour Ozone National Ambient Air Quality Standards concerning state board requirements. EPA is disapproving section 110(a)(2)(E)(ii) of ADEM’s submittal because the Alabama SIP lacks provisions respecting state boards per section 128 of the CAA for the 2008 8-hour Ozone National Ambient Air Quality Standards. (b) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on November 4, 2011, to address the Clean Air Act (CAA) section 110(a)(2)(E)(ii) for the 2008 Lead National Ambient Air Quality Standards concerning state board requirements. EPA is disapproving section 110(a)(2)(E)(ii) of ADEM’s submittal because the Alabama SIP lacks provisions respecting state boards per section 128 of the CAA for the 2008 Lead National Ambient Air Quality Standards.(c) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on April 23, 2013, and December 9, 2015, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 2010 1-hour nitrogen dioxide (NO2) National Ambient Air Quality Standards (NAAQS) concerning state board requirements. EPA is disapproving section 110(a)(2)(E)(ii) of ADEM’s submittal because the Alabama SIP lacks provisions respecting state boards per section 128 of the CAA for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards. (d) Disapproval. Submittal from the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on April 23, 2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS) concerning state board requirements. EPA is disapproving section 110(a)(2)(E)(ii) of ADEM’s submittal because the Alabama SIP lacks provisions respecting state boards per section 128 of the CAA for the 2010 1-hour SO2 NAAQS. (e) Disapproval. Portion of the state implementation plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on August 20, 2012, that addresses the visibility protection (prong 4) element of Clean Air Act section 110(a)(2)(D)(i) for the 2008 8-hour Ozone National Ambient Air Quality Standards (NAAQS). EPA is disapproving the prong 4 portion of ADEM’s SIP submittal because it relies solely on the State having a fully approved regional haze SIP to satisfy the prong 4 requirements for the 2008 8-hour Ozone NAAQS. [79 FR 30050, May 27, 2014, as amended at 80 FR 17691, Apr. 2, 2015; 80 FR 61112, Oct. 9, 2015; 81 FR 83144, Nov. 21, 2016; 82 FR 3639, Jan. 12, 2017; 82 FR 9515, Feb. 7, 2017]ReferenceApproval and Promulgation of Implementation Plans, 40 C.F.R. §§ 52.50 – 52.53 (2017). U.S. Government Publishing Office. 

 

 

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