EPA Proposed Federal Implementation Plan (FIP) to maintain the 2015 Ozone NAAQS a.k.a. the Transport Rule

On February 28, 2022, the Administrator signed a proposed Federal Implementation Plan (FIP) to assure that the 26 states identified in the proposal do not significantly contribute to problems attaining and maintaining the 2015 Ozone National Ambient Air Quality Standards (NAAQS) in downwind states.  This action, known as a “Transport Rule” would help states fully resolve their Clean Air Act “good neighbor” obligations for the 2015 Ozone NAAQS.

The rule would establish an allowance-based ozone season trading program with nitrogen oxides (NOX) emissions budgets for fossil fuel-fired power plants in 25 states. The rule would also establish NOX emissions limitations for certain other industrial stationary sources in 23 states. The comment deadline was June 21, 2022.

NTAA created these resources for Tribes on the Proposed Rule: