2026-11884Rule

EPA Withdraws Excess Emissions Penalties for States

Published Date: 6/12/2026

Rule

Summary

The EPA is rolling back part of its previous decision that said six states or local agencies didn’t update their pollution plans for startup, shutdown, and malfunction emissions. This change follows a court ruling and means some deadlines and penalties no longer apply. It gives these agencies more time and flexibility without immediate money or sanction hits.

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Six States' SIP Submission Findings Withdrawn

If you live in Rhode Island, the District of Columbia, West Virginia, Alabama, Ohio, or South Dakota, the EPA is withdrawing its prior finding that your State/local air agency failed to submit certain State Implementation Plan (SIP) revisions. For the specific SIP provisions listed in Table 3 of the rule, the CAA deadlines for the EPA to impose sanctions under CAA sections 179(a) and 179(b) and to promulgate a Federal Implementation Plan (FIP) under CAA section 110(c) are no longer applicable. This final action is effective July 13, 2026.

Some SIP Obligations Still in Effect

For certain provisions in the District of Columbia, West Virginia, Shelby County (Tennessee), and Illinois listed in Table 4 of the rule, the EPA's findings of failure to submit remain in effect. That means the CAA deadlines for the EPA to impose sanctions under CAA sections 179(a) and 179(b) and to promulgate a Federal Implementation Plan under CAA section 110(c) continue to apply for those provisions.

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Key Dates

Published Date
Rule Effective
6/12/2026
7/13/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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