f EPA’s approach. These rulemakings are relevant to all industries, but particularly the power sector and any energy-intensive manufacturing category reliant on consistent and affordable power. If the proposed rules are finalized as-is, energy reliability and cost concerns are likely to arise.Reconsideration of the National Ambient Air Quality Standards for Particulate Matter, 88 Fed. Reg. 5558 (Jan. 27, 2023)The New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units, 88 Fed. Reg. 33240 (May 23, 2023)West Virginia v. EPA, 142 S.Ct. 2587, 2616 (2022)Federal ‘Good Neighbor Plan’ for the 2015 Ozone National Ambient Air Quality Standards, 88 Fed. Reg. 36654 (June 5, 2023)Air Plan Disapprovals; Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 88 Fed. Reg. 9336 (Feb. 13, 2023) Order issued Sept. 25, 2023, State of Utah v. EPA, No. 23-1157 (D.C. Cir.).Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards; Response to Additional Judicial Stays of SIP Disapproval Action for Certain States, 88 Fed. Reg. 67102 (Sept. 29, 2023)Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d), 87 Fed. Reg. 79176 (Dec. 23, 2022)Revisions to the Air Emissions Reporting Requirements, 88 Fed. Reg. 54118 (Aug. 9, 2023)

nterstate air pollution may in some cases affect down states’ ability to meet the NAAQS for ozone.The Clean Air Act contains a “Good Neighbor” provision which requires that EPA and the states address interstate transport of air pollution that affects down states’ ability to attain and maintain NAAQS. Clean Air Act Section 110(a)(2)(B) requires each state in its SIP to prohibit the emissions that will:Significantly contribute to nonattainment of NAAQSInterfere with maintenance of NAAQS in a downwind stateA state’s SIP must prohibit sources in that state from “emitting any air pollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance of, NAAQS in another state.” If EPA determines that an SIP is inadequate, it must require that the state revise the SIP (i.e., a SIP-call).EPA had issued on February 13th a final rule disapproving SIP submissions for 19 states (including Arkansas) regarding interstate transport for the 2015 8-hour NAAQS. See 88 Fed. Reg. 9336.The Arkansas Department of Energy & Environment – Division of Environmental Quality had submitted comments opposing the disapproval of Arkansas’s SIP. Further, Attorney General Griffin filed a Petition before the Eighth Circuit Court of Appeals on February 16th challenging EPA’s disapproval of Arkansas’s SIP.A number of other states have filed similar Petitions in other federal Circuit Courts of Appeal similarly challenging their SIPs’ disapproval. A Motion for Stay filed by Utah in the Tenth Circuit Court of Appeals is pending.The federal agency had also previously proposed an FIP for Arkansas and the other states.By way of brief summary, EPA notes the following in regards to the FIP:Power plants in 22 states will participate in a revised Cross-State Air Pollution Rule ozone season trading program (basing the initial control stringency on the level of reductions achievable through immediately available measures)Additional power plant reductions are phased in starting in 2024 (reflect