Rule2026-00003
Extension of the State Implementation Plan Due Date for the Regional Haze Third Implementation Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 6, 2026
Effective
March 9, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing revisions to the Regional Haze Rule (RHR) under the Clean Air Act (CAA) to change the due date for the next round of State Implementation Plans (SIPs) for the third implementation period from July 31, 2028, to July 31, 2031. Under the RHR, States must submit plans to protect visibility in mandatory Class I Federal areas to make reasonable progress towards the national goal of preventing any future, and remedying any existing, impairment of visibility in Class I areas.
Full Text
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<title>Federal Register, Volume 91 Issue 3 (Tuesday, January 6, 2026)</title>
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[Federal Register Volume 91, Number 3 (Tuesday, January 6, 2026)]
[Rules and Regulations]
[Pages 331-335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00003]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 3 / Tuesday, January 6, 2026 / Rules
and Regulations
[[Page 331]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2023-0262; FRL-12160-02-OAR]
RIN 2060-AW41
Extension of the State Implementation Plan Due Date for the
Regional Haze Third Implementation Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to the Regional Haze Rule (RHR) under the Clean Air Act (CAA)
to change the due date for the next round of State Implementation Plans
(SIPs) for the third implementation period from July 31, 2028, to July
31, 2031. Under the RHR, States must submit plans to protect visibility
in mandatory Class I Federal areas to make reasonable progress towards
the national goal of preventing any future, and remedying any existing,
impairment of visibility in Class I areas.
DATES: This final rule is effective on March 9, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2023-0262. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For information about this final rule,
contact Ms. Paige Wantlin, Air Quality Policy Division, Office of Air
Quality Planning and Standards (Mail Code C539-01), Environmental
Protection Agency, 109 TW Alexander Drive, Research Triangle Park, NC
27711; telephone number: (919) 541-5670; email address:
<a href="/cdn-cgi/l/email-protection#bacddbd4ced6d3d494cadbd3dddffadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="d4a3b5baa0b8bdbafaa4b5bdb3b194b1a4b5fab3bba2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and abbreviations. Throughout this preamble the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:
ANPRM Advance notice of proposed rulemaking
CAA Clean Air Act
Class I areas Class I Federal areas
CRA Congressional Review Act
EPA Environmental Protection Agency
FLMs Federal land manager
NO<INF>X</INF> Nitrogen oxide
OMB Office of Management and Budget
PM Particulate matter
PM<INF>2.5</INF> Particulate matter equal to or less than 2.5
microns in diameter (fine particulate matter)
PM<INF>10</INF> Particulate matter equal to or less than 10 microns
in diameter
PRA Paperwork Reduction Act
RHR Regional Haze Rule
RFA Regulatory Flexibility Act
SIP State implementation plan
SO<INF>2</INF> Sulfur dioxide
UMRA Unfunded Mandates Reform Act
VOCs Volatile organic compounds
Table of Contents
I. General Information
Does this action apply to me?
II. Executive Summary
A. What action is the Agency taking?
B. What is the Agency's authority for taking this action?
III. What is the background for the EPA's final action?
A. Regional Haze
B. Requirements for Regional Haze SIPs for the Second Planning
Period
C. 2025 Advance Notice of Proposed Rulemaking
IV. Extension of the SIP Due Date--Final Rule Revisions
A. Summary of Proposal
B. Comments and Responses Regarding the Extension of Next
Regional Haze SIP Deadline From 2028 to 2031
C. Comments and Responses Regarding the Third Planning Period
Progress Report Deadline
D. Final Rule
V. Supporting Information
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 12132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act
K. Congressional Review Act (CRA)
I. General Information
Does this action apply to me?
Entities potentially affected directly by this final rule include
State, local, and Tribal governments, as well as Federal Land Managers
(FLMs) responsible for protection of visibility in mandatory Class I
areas. Entities potentially affected indirectly by this final rule
include owners and operators of sources that emit particulate matter
(PM) equal to or less than 10 microns in diameter (PM<INF>10</INF>), PM
equal to or less than 2.5 microns in diameter (PM<INF>2.5</INF> or fine
PM), sulfur dioxide (SO<INF>2</INF>), oxides of nitrogen
(NO<INF>X</INF>), volatile organic compounds (VOCs), and other
pollutants that may cause or contribute to visibility impairment.
Others potentially affected indirectly by this final rule include
members of the general public who live, work, or recreate nearby or in
mandatory Class I areas affected by visibility impairment. Because
emissions sources that contribute to visibility impairment in Class I
areas also may contribute to air pollution in other areas, members of
the general public may also be affected by this final rule.
II. Executive Summary
A. What action is the Agency taking?
This regulatory action finalizes a revision to the due date for the
next required regional haze SIP revision from the current due date of
July 31, 2028, to a revised due date of July 31, 2031. The revised SIP
due date applies to periodic comprehensive SIPs developed for the
[[Page 332]]
third regional haze planning period. The change, as finalized, has no
effect on prior due dates for prior planning periods under the existing
RHR. Additionally, regardless of the SIP due date extension to 2031,
the third planning period continues to run from 2028 to 2038. Other
than the finalized change to the next due date for periodic
comprehensive SIP revisions (i.e., those that will now be due in 2031),
the EPA is not finalizing any other changes for due dates for future
periodic comprehensive SIP revisions (i.e., for those that will still
be due in 2038) or future progress reports (i.e., those that will still
be due in 2033) at this time.
B. What is the Agency's authority for taking this action?
The statutory authority for this action is provided by 42 U.S.C.
7407, 7410 and 7491(A)(b).
III. What is the background for the EPA's final action?
A. Regional Haze
Regional haze is visibility impairment that is produced by a
multitude of sources and activities that are located across a broad
geographic area and directly emit PM<INF>10</INF>, PM<INF>2.5</INF>
(e.g., sulfates, nitrates, organic carbon, elemental carbon, and soil
dust), and/or their precursors (e.g., SO<INF>2</INF>, NO<INF>X</INF>,
and, in some cases, ammonia and VOCs). Fine particle precursors react
in the atmosphere to form PM<INF>2.5</INF>, which impairs visibility by
scattering and absorbing light. This light scattering and absorbing
reduces the clarity, color, and visible distance that one can see.
B. Requirements for Regional Haze SIPs for the Second Planning Period
Pursuant to a CAA directive to issue regulations, the EPA first
promulgated a rule to address regional haze in 1999 (the ``1999 RHR''),
which established the regulatory requirements for the first planning
period SIPs.\1\ In 2017, the EPA revised the RHR (the ``2017 RHR'') to
address requirements for the second planning period.\2\ The
requirements for the 2017 RHR are codified at 40 CFR 51.308(f), (g),
(h), and (i). Among other changes, the 2017 RHR adjusted the due date
for States to submit their second planning period SIPs.
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\1\ See 64 FR 35714 (July 1, 1999).
\2\ See 82 FR 3078 (Jan. 10, 2017).
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Currently, 40 CFR 51.308(f) requires submission of periodic
comprehensive revisions of SIPs addressing regional haze visibility
impairment by no later than July 31, 2021, July 31, 2028, and every 10
years thereafter. All 50 States, the District of Columbia, and the U.S.
Virgin Islands are required to submit SIPs satisfying the applicable
requirements of the 2017 RHR. For additional background on the EPA's
regional haze program (the ``Program'') and the 2017 RHR revisions,
please refer to Section III: Overview of Visibility Protection
Statutory Authority, Regulation, and Implementation of ``Protection of
Visibility: Amendments to Requirements for State Plans'' of the 2017
RHR.\3\
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\3\ See 82 FR 3081-3087 (Jan. 10, 2017).
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C. 2025 Advance Notice of Proposed Rulemaking
On March 12, 2025, the EPA announced that the Agency was
reconsidering implementation of the Program.\4\ Consistent with this
announcement, on October 2, 2025, the EPA published an advance notice
of proposed rulemaking (ANPRM) to request feedback on a restructuring
of the Program to inform how the EPA might revise the Agency's current
regulations at 40 CFR 51.308(f), (g), (h), and (i).\5\ The ANPRM
focused on three key topic areas that served to outline how the EPA
might restructure the Program: (1) development/use of a reasonable
progress metric and consideration of the four statutory reasonable
progress factors in CAA section 169A(g)(1), (2) development of SIP
obligation criteria (i.e., criteria used to determine when a SIP
revision is required), and (3) determining SIP requirements for States
that are required to submit a SIP revision.
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\4\ See <a href="https://www.epa.gov/newsreleases/administrator-zeldin-begins-restructuring-regional-haze-program">https://www.epa.gov/newsreleases/administrator-zeldin-begins-restructuring-regional-haze-program</a>.
\5\ See 90 FR 47677 (Oct. 2, 2025).
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The ANPRM constitutes the first step in the EPA's process to revise
the Agency's current regulations governing the Program. The public
comments received on this ANPRM will inform the EPA's regulations
governing the third and subsequent planning periods. However, the EPA
has not yet proposed specific changes to the Program.
IV. Extension of the SIP Due Date--Final Rule Revisions
A. Summary of Proposal
The EPA proposed to revise 40 CFR 51.308(f) to move the deadline
for the submission of the next periodic comprehensive SIP revisions
from July 31, 2028, to July 31, 2031.\6\ The EPA proposed to leave the
end date for the third planning period at 2038, regardless of when SIP
revisions are submitted. In the current RHR requirements, the end of
the planning period (in this case 2038) represents both the year for
which reasonable progress goals are established in the third planning
SIP and the year that the next (fourth planning period) SIP revision is
due. The proposed change was to be a one-time schedule adjustment such
that the due dates of periodic comprehensive SIP revisions for the
fourth and subsequent planning periods would continue to be due on July
31, 2038, and every 10 years thereafter. Additionally, the EPA did not
propose to revise the due date for the third planning period progress
reports, which remain due in 2033.
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\6\ See 89 FR 104471.
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The EPA proposed the third planning period SIP due date extension
for several reasons enumerated in the proposal and summarized here.\7\
The EPA indicated the Agency's intent to develop a rulemaking that may
substantively revise aspects of the RHR, which would impact the third
planning period SIPs and possibly future planning period SIPs. The EPA
intends to revise the RHR on a timeline that is not consistent with the
previous third planning period SIP due date of July 31, 2028.\8\
Considering the recent publication of the ANPRM, the time it will take
the EPA to review the feedback received on the ANPRM prior to issuing a
proposal, and finalizing any subsequent rule revision, the EPA finds
that States will not have adequate time to develop and submit a SIP by
2028. Based on the publication date of the ANPRM and the expected
subsequent timing of a proposed and final rule, the EPA has determined
that States will need at least three additional years beyond 2028 to
submit third planning period SIP revisions. In addition, a due date
extension will allow States to coordinate regional haze planning with
other regulatory programs, with the expectation that this cross-program
coordination will lead to better overall policies and enhanced
environmental protection.\9\
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\7\ Id.
\8\ Id.
\9\ The public can track the EPA's progress on rulemakings
through the EPA's Regulatory Agenda, which generally includes
regulatory timelines. EPA's Regulatory Agenda may be accessed
through the following website: <a href="https://www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans">https://www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans</a>.
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B. Comments and Responses Regarding the Extension of Next Regional Haze
SIP Deadline From 2028 to 2031
Comment 1: In light of the EPA's intent to revise the RHR for the
third and subsequent planning periods, many commenters, especially from
State air agencies, expressed support for a SIP
[[Page 333]]
due date extension to ensure States have adequate time to prepare their
third planning period SIP revisions. These commenters expressed that
extending the third planning period SIP deadline will provide States
with adequate time to take into account anticipated RHR revisions,
develop comprehensive SIP revisions, and integrate regional haze
planning with other ongoing air quality regulatory programs. However,
some commenters suggested that the EPA extend the third planning period
SIP deadline further, citing that the extension should be counted from
the date of final promulgation of the forthcoming RHR revisions because
it is unreasonable for States to begin SIP work without regulatory
certainty and guidance. Other commenters requested a later deadline to
allow better coordination between State and local air agency co-
regulators, industry, and other stakeholders to develop a RHR that
streamlines the regulatory requirements informing third planning period
SIP development. Several commenters also raised concerns regarding
resource burden and timing constraints associated with the current
regulatory format of the RHR and asked the EPA to recognize a need for
proportional adjustments to future SIP revision deadlines to ensure
States have adequate time for planning and stakeholder engagement. As
such, these commenters also requested that the EPA consider extending
the fourth planning period SIP deadline from 2038 to 2041 and that the
end date of the third planning period be extended from 2038 to 2041.
Subsequently, these commenters also requested that the EPA align the
SIP revision deadlines for the fourth and subsequent planning periods
to be due July 31, 2041, and every 10 years thereafter.
Response 1: The EPA acknowledges commenters' feedback regarding the
regulatory changes that may impact third planning period SIP
development as a result of the forthcoming RHR revisions. The EPA
currently believes a deadline extension from July 31, 2028, to July 31,
2031, is sufficient time for the Agency to promulgate regulatory
changes to the current RHR and for stakeholders to take regulatory
changes into account when preparing third planning period SIP
revisions. Therefore, the EPA is finalizing a third planning period SIP
due date of July 31, 2031. However, as the EPA prepares to revise the
RHR in the Agency's forthcoming rule revisions, the Agency intends to
further evaluate the third and subsequent planning period SIP deadlines
(and subsequent end dates for future planning periods) to ensure the
timing of future SIP submittals and deadlines are aligned with any
regulatory changes.\10\ Therefore, future date changes may result due
to future regulatory changes.
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\10\ See 90 FR 47677 (Oct. 2, 2025).
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Comment 2: A coalition of non-governmental organizations (the
``Conservation Groups'') opposed the proposed extension. The
Conservation Groups contend that this extension violates the language
of CAA section 169B(e)(2), claiming this section requires that States
submit regional haze SIP revisions within 12 months of any new
regulation promulgated under CAA section 169A.
Response 2: The EPA disagrees with this comment and emphasizes a
key component of CAA section 169B(e)(2). CAA section 169B(e)(2) states
that ``[a]ny regulations promulgated under section [169A] of this title
pursuant to this subsection shall require affected States to revise
within 12 months their implementation plans under section [110] . . .''
(emphasis added). The phrase ``pursuant to this subsection'' refers to
CAA section 169B(e), specifically 169B(e)(1)'s one-time requirements
for the EPA's inaugural regional haze rulemaking. CAA section
169B(e)(1) requires the EPA to promulgate regional haze regulations
within 18 months of receiving the report required of Visibility
Transport Commissions under 169B(d)(2), and to take into account
studies required under subsection (a)(1). The studies developed under
169B(a)(1) and the Grand Canyon Visibility Transport Commission report
were one-time requirements intended to inform the EPA's yet-to-be-
promulgated regulations and were taken into account when finalizing the
1999 RHR. The 1999 RHR constituted the initial regional haze rulemaking
under the CAA and, therefore, was appropriately promulgated according
to the requirements of subsections 169B(e)(1) and (e)(2).\11\ Thus, CAA
section 169B(e)(1) explains Congressional intent to establish a
timetable for the EPA's initial 1999 RHR to ensure that the regulations
would be promulgated in a timely fashion and would be informed by the
studies and report required under CAA sections 169B(a)(1) and (d)(2),
respectively.\12\ The EPA did not promulgate this SIP deadline revision
under CAA section 169B(e)(1). Therefore, section 169B(e)(2)'s deadline
for SIP submissions is inapplicable. As such, the EPA disagrees with
the Conservation Groups' assertions that Congress intended this 12-
month deadline to apply in the case of subsequent rule revisions, as
subsection (e) describes a one-time process of research, reports, and
rulemaking to get the Program started. The EPA does not agree that
Congress intended for the specific timeline in CAA section 169(e)(2) to
apply to additional, future rulemakings.
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\11\ See 64 FR 35714, 35724 (July 1, 1999).
\12\ Congress later modified the deadline for first planning
period SIP submittals in the Transportation Equity Act for the 21st
Century by enacting revisions in CAA section 107(d)(7).
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Comment 3: The Conservation Groups stated in their comment letter
that the EPA's rationales do not justify the proposed extension and
that the ``EPA cannot continue to take unlimited bites from the same
apple'' in delaying a mandatory program that has a specific national
goal.\13\ They also contend that States' obligations for other CAA
regulatory programs should not delay regional haze SIP development,
that the EPA's extension would inject additional regulatory uncertainty
in the Program for both States and industry stakeholders, and that a
2028 deadline would better facilitate coordinated planning for regional
haze and other air quality rules. The Conservation Groups also contend
that the EPA's proposal would have States halt work on regional haze
SIPs, that States would not need extra time to develop their SIPs
because States will be able to carry knowledge from previous planning
periods forward into third planning period SIP development, that
forthcoming revisions to the RHR would not alter such knowledge, and
that the EPA's examples of CAA regulatory coordination are not useful
or relevant for regional haze purposes.
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\13\ See comments submitted via <a href="http://regulations.gov">regulations.gov</a> under Document
ID No. EPA-HQ-OAR-2023-0262-0059 for additional information.
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Response 3: At the outset, the EPA observes that State agency
comments to this regulatory docket directly contradict points made in
the Conservation Groups' comment letter about State resources and
timing for regional haze analyses. The EPA does not agree with the
contention that a SIP due date extension would essentially bypass the
EPA's statutory obligations to address manmade visibility impairment at
the 156 Class I areas covered under the Program. Rather, the EPA is
extending the third planning period SIP deadline to allow adequate time
for the Agency to revise regulations and States to develop third
planning period SIPs that take into account future rule revisions and
consider visibility improvements to date.\14\ In doing so, the
[[Page 334]]
EPA intends to ensure continuing reasonable progress towards the
national goal through compliance with current and future RHR
requirements. Furthermore, the CAA statutory text requires that Class I
areas make ``reasonable progress'' towards the national visibility goal
articulated under CAA section 169A(a)(1), and there are no specific
interim milestones identified.\15\ This is consistent with Congress'
original intent in enacting the legislation creating the Program.\16\
Additionally, the CAA does not mandate a statutory end date of the
Program to reach the national goal. As such, there is no statutory
deadline that dictates when the national visibility goal must be
achieved at the 156 Class I areas.
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\14\ See Figure 7.9.5, IMPROVE Spatial and Seasonal Patterns and
Temporal Variability of Haze and Its Constituents in the United
States, Report VI, 2023.
\15\ See CAA sections 169A(a)(4) and 169A(b)(2).
\16\ The reconciliation report for the 1977 CAA amendments
indicates that the term ``maximum feasible progress'' in 169A was
changed to ``reasonable progress'' in the final version of the
legislation passed by both chambers. See Legislative History of the
Clean Air Act Amendments of 1977 Public Law 95-95 (1977), H.R. Rep.
No. 95-564, at 535.
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The EPA finds that it is impracticable to ask States, industry, and
other stakeholders to begin work on regional haze SIPs given the
uncertainty regarding the future regulatory requirements governing the
Program in the third planning period. The EPA finds that States need an
extension to the SIP due date to coordinate SIP planning with
forthcoming regulatory changes. This extension also provides the EPA
with adequate time to review and promulgate regulatory changes needed
for implementation of the third planning period. As such, this
extension is not delaying the implementation of a statutory program.
Rather, this extension allows the EPA to promulgate regulations
consistent with the goals of the Program as established by Congress,
while considering the visibility improvement over the course of the
first and second planning periods.
Comment 4: The Conservation Groups also commented that this
extension runs afoul of the CAA's purpose of protecting public health
and that the Program provides co-health benefits to the public.
Response 4: The EPA disagrees that this extension runs afoul of CAA
sections 169A and 169B's intended purpose to achieve Congress' national
goal of ``the prevention of any future, and the remedying of any
existing, impairment of visibility in mandatory class I Federal areas
which impairment results from manmade air pollution.'' Congress did not
establish a specific role for health considerations under the Program.
Comment 5: The Conservation Groups conclude their comments by
stating that extending the third planning period SIP deadline from 2028
to 2031 thwarts Congress' mandate towards remedying anthropogenic
visibility impairment and that Congress was previously disappointed in
the implementation of the first iterations of the Program. The
Conservation Groups also recognize States' failures to submit SIPs by
their regulatory deadlines across the first and second planning periods
and assume there will be a subsequent delay in submitting third
planning period SIPs if the EPA finalizes an extension from 2028 to
2031. The Conservation Groups also assert that this extension would
effectively stay States' and the EPA's obligation to ensure reasonable
progress towards the national goal under CAA section 169A(a)(1).
Response 5: The EPA disagrees with these comments. The EPA
disagrees that providing States three additional years to coordinate
regional haze SIP planning, recognizing that the Agency has initiated
efforts to review and revise current regional haze regulations, is
inconsistent with continuing to make reasonable progress towards the
national visibility goal articulated by Congress in CAA section
169A(a)(1). All 156 Class I areas have made significant visibility
improvements over the course of the first and second planning periods.
Furthermore, the Conservation Groups did not provide any supporting
documentation indicating that Class I areas were not on track to meet
the national visibility goal. The EPA also disagrees that this
extension effectively ``stays'' States' and the EPA's regional haze
obligations. The SIP due date extension from 2028 to 2031 does not
relieve States or the EPA from regional haze obligations under CAA
sections 169A and 169B. Under the CAA, the EPA has an obligation to
promulgate regulations addressing manmade visibility impairment at
Class I areas to achieve the national goal stated under CAA section
169A(a)(1). Additionally, all States that contribute to manmade
visibility impairment at those Class I areas have an obligation to
develop SIPs addressing contributions to visibility impairment under
CAA section 169A(b)(2).
The EPA recognizes this fact and is seeking to revise the
regulations under 40 CFR 51.308 that will implement the requirements of
the third planning period.\17\
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\17\ See 90 FR 47677 (Oct. 2, 2025).
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C. Comments and Responses Regarding the Third Planning Period Progress
Report Deadline
Comment 6: Some commenters, particularly State air agencies,
requested that the EPA also extend the deadline for the third planning
period progress reports from the current regulatory deadline under 40
CFR 51.308(g) of July 31, 2033, to July 31, 2036.\18\ Commenters
expressed that extending the third planning period progress report
deadline by at least five years from the revised third planning period
SIP revision deadline ensures the progress report would continue to
serve as a mid-course review of a State's third planning period SIP
revision, and that not extending the deadline defeats the progress
report's utility under the current RHR. Commenters also cited that
maintaining a 2033 deadline does not allow States to meaningfully
evaluate visibility conditions and other emissions data available by
2033 to evaluate the adequacy of the third planning period SIP
revision. Other commenters suggested eliminating the progress report
requirement for the third and subsequent planning periods entirely.
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\18\ See 40 CFR 51.308(g).
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Response 6: The EPA acknowledges the comments submitted on this
topic. These comments are outside the scope of the proposal since no
changes were proposed to the progress report timeline or elements.
However, this will be considered as part of the development of the
upcoming new rulemaking.
D. Final Rule
The EPA is finalizing this one-time deadline extension with no
changes from proposal.
V. Supporting Information
This action is not subject to the EPA's Children's Health Policy
(<a href="https://www.epa.gov/children/childrens-health-policy-and-plan">https://www.epa.gov/children/childrens-health-policy-and-plan</a>) because
the EPA does not believe the action has considerations for human
health.
VI. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
[[Page 335]]
therefore not subject to a requirement for Executive Order 12866
review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered an Executive Order 14192 deregulatory
action. This final rule provides burden reduction by extending the
timeline for meeting requirements.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0704. This action simply extends the SIP due date.
The burden associated with developing and submitting SIPs is covered in
the existing information collection request. This action does not
impose an information collection burden because it does not create an
obligation for Regional offices, States, or sources to submit new
information to the EPA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Small
entities are not subject to the requirements of this rule.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local, or Tribal governments or the private sector.
F. Executive Order 12132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. It does not have a substantial direct effect on
one or more Indian Tribes. Furthermore, these regulation revisions do
not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian Tribes. The
CAA and the Tribal Authority Rule establish the relationship of the
Federal government and Tribes in characterizing air quality and
developing plans to protect visibility in Class I areas. Thus,
Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the Agency has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it does not concern an
environmental health risk or safety risk. Since this action does not
concern human health, the EPA's Policy on Children's Health also does
not apply.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Nitrogen dioxide, Particulate matter, Sulfur
oxides, Transportation, Volatile organic compounds.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA amends title 40,
chapter I of the Code of Federal Regulations as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Subpart P--Protection of Visibility
0
2. Amend Sec. 51.308 by revising paragraph (f) introductory text to
read as follows:
Sec. 51.308 Regional haze program requirements.
* * * * *
(f) Requirements for periodic comprehensive revisions of
implementation plans for regional haze. Each State identified in Sec.
51.300(b) must revise and submit its regional haze implementation plan
revision to EPA by July 31, 2021, July 31, 2031, July 31, 2038, and
every 10 years thereafter. The plan revision due on or before July 31,
2021, must include a commitment by the State to meet the requirements
of paragraph (g) of this section. In each plan revision, the State must
address regional haze in each mandatory Class I Federal area located
within the State and in each mandatory Class I Federal area located
outside the State that may be affected by emissions from within the
State. To meet the core requirements for regional haze for these areas,
the State must submit an implementation plan containing the following
plan elements and supporting documentation for all required analyses:
* * * * *
[FR Doc. 2026-00003 Filed 1-5-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 6, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.