EPA Response to Judicial Stay Orders
In response to judicial orders partially staying a separate EPA action, EPA amended the Good Neighbor Plan on an interim basis to implement the orders and stay the rule’s requirements to mitigate interstate air pollution with respect to the 2015 ozone NAAQS for facilities in Arkansas, Kentucky, Louisiana, Mississippi, Missouri, and Texas.
Since then, courts have granted motions for partial stays of the SIP Disapproval action for several additional states. To comply with the additional stay orders, EPA is further amending the Good Neighbor Plan on an interim basis to stay the rule’s requirements to mitigate interstate air pollution with respect to the 2015 ozone NAAQS for facilities in Alabama, Minnesota, Nevada, Oklahoma, Utah, and West Virginia. Sources in these states are not required to comply with the Good Neighbor Plan at this time.
As of November 30, 2023, the Good Neighbor Plan's “Group 3” ozone-season NOX control program for power plants is being implemented in the following states, all of which already were covered by EPA’s Cross-State Air Pollution ozone season NOX trading programs: Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and Wisconsin. Pursuant to court orders staying the Agency’s SIP Disapproval action as to the following states, the EPA is not currently implementing the Good Neighbor Plan “Group 3” ozone-season NOX control program for power plants in the following states: Alabama, Arkansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nevada, Oklahoma, Texas, Utah, and West Virginia. Find more information on EPA’s response to court orders staying the Agency’s SIP Disapproval action as to certain states in the materials below.
- Interim Final Rule: Response to Additional Judicial Stays of SIP Disapproval Action for Certain States
- Fact Sheet: EPA’s “Good Neighbor Plan” Response to Comply with Stay Orders Pending Judicial Review (pdf)