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Does promulgation of the CAIR FIPs prior to the CAIR SIP submission deadline limit States in their choice of control strategies to meet CAIR?

April 26, 2017cair Deadline FIPS limit prior promulgation SIP submission

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Does promulgation of the CAIR FIPs prior to the CAIR SIP submission deadline limit States in their choice of control strategies to meet CAIR?

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No. Promulgation of these CAIR FIPs in no way precludes a state from developing its SIP revision to either adopt the model trading rules (with modifications to the extent allowed for certain program elements), or to meet the CAIR emission reduction requirements through different measures of the state’s choosing, as provided in CAIR. EPA will not take any steps to implement these FIPs (e.g., by recording EPA-determined NOx allocations in source accounts) that may impact a state’s ability to regulate its sources in a different manner until September 2007, a year after the September 2006 SIP submission deadline.