Availability of Federally Enforceable State Implementation Plans for All States, 64158-64160 [E7-22361]
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Rules and Regulations
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is
determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
These rules are not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
State rule implementing a Federal
standard.
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H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
These rules are not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12 of the National Technology
Transfer and Advancement Act
(NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use ‘‘voluntary
consensus standards’’ (VCS) if available
and applicable when developing
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
The EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
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J. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective December 17, 2007.
(c) * * *
(351) New and amended regulation
for the following APCDs were submitted
on August 24, 2007, by the Governor’s
designee.
(i) Incorporation by reference.
(A) Imperial County Air Pollution
Control District.
(1) Rule 101, Adopted 7/28/81;
revised 9/14/99; 1/16/2001; 12/11/2001;
08/13/02; 01/11/2005; 10/10/2006.
(B) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 101, Adopted 9–1–74;
Revised 12–21–83; 12–13–84; 11–13–96;
11–12–98; and 12–15–1999; and 4–16–
03; and 2–21–07.
*
*
*
*
*
K. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 14, 2008.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 11, 2007.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(351) to read as
follows:
I
§ 52.220
*
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Identification of plan.
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[FR Doc. E7–21811 Filed 11–14–07; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 52
[FRL–8495–1]
Availability of Federally Enforceable
State Implementation Plans for All
States
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
SUMMARY: Section 110(h) of the Clean
Air Act, as amended in 1990 (the
‘‘Act’’), requires EPA by November 15,
1995, and every three years thereafter, to
assemble the requirements of the
Federally enforceable State
Implementation Plans (SIPs) in each
State and to publish notice in the
Federal Register of the availability of
such documents. This notice of
availability fulfills the three-year
requirement of making these SIP
compilations for each State available to
the public.
DATES: Effective Date: November 15,
2007.
You may contact the
appropriate EPA Regional Office
regarding the requirements of the
applicable implementation plans for
each State in that region. The list below
identifies the appropriate regional office
for each state. The State Implementation
Plan (SIP) compilations are available for
public inspection during normal
business hours at the appropriate EPA
Regional Office. If you want to view
these documents, you should make an
appointment with the appropriate EPA
office and arrange to review the SIP at
a mutually agreeable time.
ADDRESSES:
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Rules and Regulations
Region 1: Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, and Vermont.
Regional Contact: Donald Cooke (617/
918–1668), EPA, Office of Ecosystem
Protection (CAQ), Suite 1100, One
Congress Street, Boston, MA 02114–
2023. See also: https://www.epa.gov/
region1/topics/air/sips.html.
Region 2: New Jersey, New York,
Puerto Rico, and Virgin Islands.
Regional Contact: Paul Truchan (212/
637–3711), EPA, Air Programs Branch,
290 Broadway, New York, NY 10007–
1866. See also: https://www.epa.gov/
region02/air/sip/.
Region 3: Delaware, District of
Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia.
Regional Contact: Harold A.
Frankford (215/814–2108), EPA, Office
of Air Programs (3AP20), Air Protection
Division, 1650 Arch Street,
Philadelphia, PA 19103–2029. See also:
https://yosemite.epa.gov/r3/r3sips.nsf/
MidAtlanticSIPs?openform.
Region 4: Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee.
Regional Contact: Sean Lakeman
(404/562–9043), EPA, Air Planning
Branch, 61 Forsyth Street, SW., Atlanta,
GA 30303. See also: https://
www.epa.gov/region4/air/sips/.
Region 5: Illinois, Indiana, Michigan,
Minnesota, Ohio, and Wisconsin.
Regional Contacts: Christos Panos
(312/353–8328), EPA, Air and Radiation
Division (AR–18J), 77 West Jackson
Boulevard, Chicago, IL 60604–3507. See
also: https://www.epa.gov/region5/air/
sips/.
Region 6: Arkansas, Louisiana, New
Mexico, Oklahoma, and Texas.
Regional Contact: Bill Deese (214/
665–7253), EPA, Multimedia Planning
and Permitting Division, Air Planning
Section (6PD–L), 1445 Ross Avenue,
Suite 700, Dallas, TX 75202–2733. See
also: https://www.epa.gov/earth1r6/6pd/
air/sip/sip.htm.
Region 7: Iowa, Kansas, Missouri, and
Nebraska.
Regional Contact: Evelyn
VanGoethem (913/551–7659), EPA, Air
and Waste Management Division, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, KS 66101.
See also: https://www.epa.gov/region07/
programs/artd/air/rules/fedapprv.htm.
Region 8: Colorado, Montana, North
Dakota, South Dakota, Utah, and
Wyoming.
Regional Contact: Laurie Ostrand
(303/312–6437), EPA, Air and Radiation
Program, Office of Partnership and
Regulatory Assistance, 1595 Wynkoop
Street, Denver, CO 80202–2466. See
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also: https://www.epa.gov/region8/air/
sip.html.
Region 9: Arizona, California, Hawaii,
Nevada, American Samoa, and Guam.
Regional Contacts: Julie Rose (415/
947–4126), and Cynthia Allen (415/947–
4120), EPA, Air Division, Rulemaking
Office, (AIR–4), 75 Hawthorne Street,
San Francisco, CA 94105. See also:
https://www.epa.gov/region9/air/sips/.
Region 10: Alaska, Idaho, Oregon, and
Washington.
Regional Contact: Claudia Vaupel
(206/553–6121), EPA, Office of Air
Waste and Toxics (AWT–107), 1200
Sixth Avenue, Suite 900, Seattle, WA
98101–3140. See also: https://
www.epa.gov/r10earth/sips.htm.
FOR FURTHER INFORMATION CONTACT:
Donald Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, One Congress Street, Suite 1100
(CAQ), Boston, MA 02114–2023,
telephone number (617) 918–1668, fax
number (617) 918–0668, e-mail
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Availability of SIP Compilations.
II. What Is the Basis for This Document?
III. What Is Being Made Available Under This
Document?
IV. What Are the Documents and Materials
Associated With the SIP?
V. Background.
A. Relationship of National Ambient Air
Quality Standards (NAAQS) to SIPs.
B. What Is a State Implementation Plan?
C. What Is Federally-Enforceable?
I. Availability of SIP Compilations
This notice identifies the appropriate
EPA Regional Offices to which you may
address questions of SIP availability and
SIP requirements. In response to the
110(h) requirement following the 1990
Clean Air Act Amendments, the first
notice of availability was published in
the Federal Register on November 1,
1995 at 60 FR 55459. The second notice
of availability was published in the
Federal Register on November 18, 1998
at 63 FR 63986. The third notice of
availability was published in the
Federal Register on November 20, 2001
at 66 FR 58070. The fourth notice of
availability was published in the
Federal Register on December 22, 2004
at 69 FR 76617. This is the fifth notice
of availability of the compilations of
Federally-enforceable State
Implementation Plans for each state.
In addition, information on the
content of EPA-approved SIPs is
available on the Internet through the
EPA Regional Web sites. Regional Web
site addresses for Regional information
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64159
are provided in the regional contacts list
above.
II. What Is the Basis for This
Document?
Section 110(h)(1) of the Clean Air Act
mandates that not later than 5 years
after the date of enactment of the Clean
Air Act Amendments of 1990, and every
three years thereafter, the Administrator
shall assemble and publish a
comprehensive document for each State
setting forth all requirements of the
applicable implementation plan for
such State and shall publish notice in
the Federal Register of the availability
of such documents.
Section 110(h) recognizes the fluidity
of a given State SIP. The SIP is a living
document which can be revised by the
State with EPA approval as necessary to
address the unique air pollution
problems in the State. Therefore, EPA
from time to time must take action on
SIP revisions containing new and/or
revised regulations. On May 31, 1972
(37 FR 10842), EPA approved, with
certain exceptions, the initial SIPs for 50
states, four territories and the District of
Columbia. [Note: EPA approved an
additional SIP—for the Northern
Mariana Islands—on November 10, 1986
(51 FR 40799)]. Since 1972, each State
and territory has submitted numerous
SIP revisions, either on their own
initiative, or because they were required
to as a result of various amendments to
the Clean Air Act. This notice of
availability informs the public that the
SIP compilation has been updated to
include the most recent requirements
approved into the SIP. These approved
requirements are Federally-enforceable.
III. What Is Being Made Available
Under This Document?
The Federally-enforceable SIP is
indeed a complex document, containing
both many regulatory requirements and
non-regulatory items such as plans and
emission inventories. Regulatory
requirements include State-adopted
rules and regulations, source-specific
requirements reflected in consent
orders, and in some cases, provisions in
the enabling statutes. Following the
1990 Clean Air Act Amendments, the
first section 110(h) SIP compilation
availability notice was published on
November 1, 1995 (61 FR 55459). At
that time, EPA announced that the SIP
compilations, comprised of the
regulatory portion of each State SIP,
were available at the EPA Regional
Office serving that particular State. In
general, the compilations made
available in 1995 did not include the
source-specific requirements or other
documents and materials associated
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Rules and Regulations
with the SIP. With the second notice of
availability in 1998, the source-specific
requirements and the ‘‘non-regulatory’’
documents [e.g., attainment plans, rate
of progress plans, emission inventories,
transportation control measures, statutes
demonstrating legal authority,
monitoring networks, etc.] were made
available and will remain available for
public inspection at the respective
regional office listed in the ADDRESSES
section above. If you want to view these
documents, please make an
appointment with the appropriate EPA
Regional Office and arrange for a
mutually agreeable time.
IV. What Are the Documents and
Materials Associated With the SIP?
EPA-approved non-regulatory control
measures include control strategies
(such as transportation control
measures, local ordinances, state
statutes, and emission inventories, or
may include regulations provided on
other sections of the State-specific
subpart of 40 CFR part 52), which have
been submitted for inclusion in the SIP
by the state. These control measures
must have gone through the state
rulemaking process and the public given
an opportunity to participate in the
rulemaking. EPA also took rulemaking
action on these control measures and
those which have been EPA-approved or
conditionally approved are listed along
with any limitations on their approval,
if any. Examples of EPA-approved
documents and materials associated
with the SIP include, but are not limited
to, the following subject matter: SIP
Narratives; Particulate Matter Plans;
Carbon Monoxide Plans; Ozone Plans;
Maintenance plans; Vehicle Inspection
and Maintenance (I/M) SIPs; Emissions
Inventories; Monitoring Networks; State
Statutes submitted for the purposes of
demonstrating legal authority; Part D
nonattainment area plans; Attainment
demonstrations; Transportation control
measures (TCMs); Committal measures;
Contingency Measures; Non-regulatory
and Non-TCM Control Measures; 15%
Rate of Progress Plans; Emergency
episode plans; Visibility plans. As
stated above the ‘‘non-regulatory’’
documents are available for public
inspection at the appropriate EPA
Regional Office.
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V. Background
A. Relationship of National Ambient Air
Quality Standards (NAAQS) to SIPs
EPA has established National
Ambient Air Quality Standards
(NAAQS) for six criteria pollutants,
which are widespread common
pollutants known to be harmful to
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human health and welfare. The present
criteria pollutants are: Carbon
monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur
oxides. See 40 CFR part 50 for a
technical description of how the levels
of these standards are measured and
attained. State Implementation Plans
provide for implementation,
maintenance, and enforcement of the
NAAQS in each state. Areas within each
state that are designated nonattainment
are subject to additional planning and
control requirements. Accordingly,
different regulations or programs in the
SIP will apply to different areas. EPA
lists the designation of each area at 40
CFR part 81.
B. What Is a State Implementation Plan?
The State Implementation Plan is a
plan for each State which identifies how
that State will attain and/or maintain
the primary and secondary National
Ambient Air Quality Standards
(NAAQS) set forth in section 109 of the
Clean Air Act and 40 Code of Federal
Regulations 50.4 through 50.12 and
which includes Federally-enforceable
requirements. Each State is required to
have a SIP which contains control
measures and strategies which
demonstrate how each area will attain
and maintain the NAAQS. These plans
are developed through a public process,
formally adopted by the State, and
submitted by the Governor’s designee to
EPA. The Clean Air Act requires EPA to
review each plan and any plan revisions
and to approve the plan or plan
revisions if consistent with the Clean
Air Act.
SIP requirements applicable to all
areas are provided in section 110. Part
D of title I the Clean Air Act specifies
additional requirements applicable to
nonattainment areas. Section 110 and
part D describe the elements of a SIP
and include, among other things,
emission inventories, a monitoring
network, an air quality analysis,
modeling, attainment demonstrations,
enforcement mechanisms, and
regulations which have been adopted by
the State to attain or maintain NAAQS.
EPA has adopted regulatory
requirements which spell out the
procedures for preparing, adopting and
submitting SIPs and SIP revisions; that
are codified in 40 CFR part 51.
EPA’s action on each State’s SIP is
promulgated in 40 CFR part 52. The first
section in the subpart in 40 CFR part 52
for each State is generally the
‘‘Identification of plan’’ section which
provides chronological development of
the State SIP. Or if the state has
undergone the new Incorporation by
Reference format process (see 62 FR
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27968; May 22, 1997), the identification
of plan section identifies the Statesubmitted rules and plan elements
which have been Federally approved.
The goal of the State-by-State SIP
compilation is to identify those rules
under the ‘‘Identification of plan’’
section which are currently Federallyenforceable. In addition, some of the SIP
compilations may include control
strategies, such as transportation control
measures, local ordinances, State
statutes, and emission inventories, or
may include regulations provided in
other sections of the State-specific
subpart of part 52. Some of the SIP
compilations may not identify these
other Federally-enforceable elements.
The contents of a typical SIP fall into
three categories: (1) State-adopted
control measures which consists of
either rules/regulations or sourcespecific requirements (e.g., orders and
consent decrees); (2) State-submitted
‘‘non-regulatory’’ components (e.g.,
attainment plans, rate of progress plans,
emission inventories, transportation
control measures, statutes
demonstrating legal authority,
monitoring networks, etc.); and (3)
additional requirements promulgated by
EPA (in the absence of a commensurate
State provision) to satisfy a mandatory
section 110 or part D (Clean Air Act)
requirement.
C. What Is Federally-Enforceable?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, EPA is
authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the Clean Air Act.
You should note that, when States
have submitted their most current State
regulations for inclusion into Federallyenforceable SIPs, EPA will begin its
review process of submittals as soon as
possible. Until EPA approves a
submittal by rulemaking action, Statesubmitted regulations will be Stateenforceable only; therefore, Stateenforceable SIPs may exist which differ
from Federally-enforceable SIPs. As
EPA approves these State-submitted
regulations, the regional offices will
continue to update the SIP compilations
to include these applicable
requirements.
Dated: November 8, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7–22361 Filed 11–14–07; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Rules and Regulations]
[Pages 64158-64160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22361]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-8495-1]
Availability of Federally Enforceable State Implementation Plans
for All States
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Section 110(h) of the Clean Air Act, as amended in 1990 (the
``Act''), requires EPA by November 15, 1995, and every three years
thereafter, to assemble the requirements of the Federally enforceable
State Implementation Plans (SIPs) in each State and to publish notice
in the Federal Register of the availability of such documents. This
notice of availability fulfills the three-year requirement of making
these SIP compilations for each State available to the public.
DATES: Effective Date: November 15, 2007.
ADDRESSES: You may contact the appropriate EPA Regional Office
regarding the requirements of the applicable implementation plans for
each State in that region. The list below identifies the appropriate
regional office for each state. The State Implementation Plan (SIP)
compilations are available for public inspection during normal business
hours at the appropriate EPA Regional Office. If you want to view these
documents, you should make an appointment with the appropriate EPA
office and arrange to review the SIP at a mutually agreeable time.
[[Page 64159]]
Region 1: Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, and Vermont.
Regional Contact: Donald Cooke (617/918-1668), EPA, Office of
Ecosystem Protection (CAQ), Suite 1100, One Congress Street, Boston, MA
02114-2023. See also: https://www.epa.gov/region1/topics/air/sips.html.
Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands.
Regional Contact: Paul Truchan (212/637-3711), EPA, Air Programs
Branch, 290 Broadway, New York, NY 10007-1866. See also: https://
www.epa.gov/region02/air/sip/.
Region 3: Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia.
Regional Contact: Harold A. Frankford (215/814-2108), EPA, Office
of Air Programs (3AP20), Air Protection Division, 1650 Arch Street,
Philadelphia, PA 19103-2029. See also: https://yosemite.epa.gov/r3/
r3sips.nsf/MidAtlanticSIPs?openform.
Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee.
Regional Contact: Sean Lakeman (404/562-9043), EPA, Air Planning
Branch, 61 Forsyth Street, SW., Atlanta, GA 30303. See also: https://
www.epa.gov/region4/air/sips/.
Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
Regional Contacts: Christos Panos (312/353-8328), EPA, Air and
Radiation Division (AR-18J), 77 West Jackson Boulevard, Chicago, IL
60604-3507. See also: https://www.epa.gov/region5/air/sips/.
Region 6: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Regional Contact: Bill Deese (214/665-7253), EPA, Multimedia
Planning and Permitting Division, Air Planning Section (6PD-L), 1445
Ross Avenue, Suite 700, Dallas, TX 75202-2733. See also: https://
www.epa.gov/earth1r6/6pd/air/sip/sip.htm.
Region 7: Iowa, Kansas, Missouri, and Nebraska.
Regional Contact: Evelyn VanGoethem (913/551-7659), EPA, Air and
Waste Management Division, Air Planning and Development Branch, 901
North 5th Street, Kansas City, KS 66101. See also: https://www.epa.gov/
region07/programs/artd/air/rules/fedapprv.htm.
Region 8: Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming.
Regional Contact: Laurie Ostrand (303/312-6437), EPA, Air and
Radiation Program, Office of Partnership and Regulatory Assistance,
1595 Wynkoop Street, Denver, CO 80202-2466. See also: https://
www.epa.gov/region8/air/sip.html.
Region 9: Arizona, California, Hawaii, Nevada, American Samoa, and
Guam.
Regional Contacts: Julie Rose (415/947-4126), and Cynthia Allen
(415/947-4120), EPA, Air Division, Rulemaking Office, (AIR-4), 75
Hawthorne Street, San Francisco, CA 94105. See also: https://
www.epa.gov/region9/air/sips/.
Region 10: Alaska, Idaho, Oregon, and Washington.
Regional Contact: Claudia Vaupel (206/553-6121), EPA, Office of Air
Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA
98101-3140. See also: https://www.epa.gov/r10earth/sips.htm.
FOR FURTHER INFORMATION CONTACT: Donald Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number (617) 918-1668, fax number (617) 918-0668, e-mail
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Availability of SIP Compilations.
II. What Is the Basis for This Document?
III. What Is Being Made Available Under This Document?
IV. What Are the Documents and Materials Associated With the SIP?
V. Background.
A. Relationship of National Ambient Air Quality Standards
(NAAQS) to SIPs.
B. What Is a State Implementation Plan?
C. What Is Federally-Enforceable?
I. Availability of SIP Compilations
This notice identifies the appropriate EPA Regional Offices to
which you may address questions of SIP availability and SIP
requirements. In response to the 110(h) requirement following the 1990
Clean Air Act Amendments, the first notice of availability was
published in the Federal Register on November 1, 1995 at 60 FR 55459.
The second notice of availability was published in the Federal Register
on November 18, 1998 at 63 FR 63986. The third notice of availability
was published in the Federal Register on November 20, 2001 at 66 FR
58070. The fourth notice of availability was published in the Federal
Register on December 22, 2004 at 69 FR 76617. This is the fifth notice
of availability of the compilations of Federally-enforceable State
Implementation Plans for each state.
In addition, information on the content of EPA-approved SIPs is
available on the Internet through the EPA Regional Web sites. Regional
Web site addresses for Regional information are provided in the
regional contacts list above.
II. What Is the Basis for This Document?
Section 110(h)(1) of the Clean Air Act mandates that not later than
5 years after the date of enactment of the Clean Air Act Amendments of
1990, and every three years thereafter, the Administrator shall
assemble and publish a comprehensive document for each State setting
forth all requirements of the applicable implementation plan for such
State and shall publish notice in the Federal Register of the
availability of such documents.
Section 110(h) recognizes the fluidity of a given State SIP. The
SIP is a living document which can be revised by the State with EPA
approval as necessary to address the unique air pollution problems in
the State. Therefore, EPA from time to time must take action on SIP
revisions containing new and/or revised regulations. On May 31, 1972
(37 FR 10842), EPA approved, with certain exceptions, the initial SIPs
for 50 states, four territories and the District of Columbia. [Note:
EPA approved an additional SIP--for the Northern Mariana Islands--on
November 10, 1986 (51 FR 40799)]. Since 1972, each State and territory
has submitted numerous SIP revisions, either on their own initiative,
or because they were required to as a result of various amendments to
the Clean Air Act. This notice of availability informs the public that
the SIP compilation has been updated to include the most recent
requirements approved into the SIP. These approved requirements are
Federally-enforceable.
III. What Is Being Made Available Under This Document?
The Federally-enforceable SIP is indeed a complex document,
containing both many regulatory requirements and non-regulatory items
such as plans and emission inventories. Regulatory requirements include
State-adopted rules and regulations, source-specific requirements
reflected in consent orders, and in some cases, provisions in the
enabling statutes. Following the 1990 Clean Air Act Amendments, the
first section 110(h) SIP compilation availability notice was published
on November 1, 1995 (61 FR 55459). At that time, EPA announced that the
SIP compilations, comprised of the regulatory portion of each State
SIP, were available at the EPA Regional Office serving that particular
State. In general, the compilations made available in 1995 did not
include the source-specific requirements or other documents and
materials associated
[[Page 64160]]
with the SIP. With the second notice of availability in 1998, the
source-specific requirements and the ``non-regulatory'' documents
[e.g., attainment plans, rate of progress plans, emission inventories,
transportation control measures, statutes demonstrating legal
authority, monitoring networks, etc.] were made available and will
remain available for public inspection at the respective regional
office listed in the ADDRESSES section above. If you want to view these
documents, please make an appointment with the appropriate EPA Regional
Office and arrange for a mutually agreeable time.
IV. What Are the Documents and Materials Associated With the SIP?
EPA-approved non-regulatory control measures include control
strategies (such as transportation control measures, local ordinances,
state statutes, and emission inventories, or may include regulations
provided on other sections of the State-specific subpart of 40 CFR part
52), which have been submitted for inclusion in the SIP by the state.
These control measures must have gone through the state rulemaking
process and the public given an opportunity to participate in the
rulemaking. EPA also took rulemaking action on these control measures
and those which have been EPA-approved or conditionally approved are
listed along with any limitations on their approval, if any. Examples
of EPA-approved documents and materials associated with the SIP
include, but are not limited to, the following subject matter: SIP
Narratives; Particulate Matter Plans; Carbon Monoxide Plans; Ozone
Plans; Maintenance plans; Vehicle Inspection and Maintenance (I/M)
SIPs; Emissions Inventories; Monitoring Networks; State Statutes
submitted for the purposes of demonstrating legal authority; Part D
nonattainment area plans; Attainment demonstrations; Transportation
control measures (TCMs); Committal measures; Contingency Measures; Non-
regulatory and Non-TCM Control Measures; 15% Rate of Progress Plans;
Emergency episode plans; Visibility plans. As stated above the ``non-
regulatory'' documents are available for public inspection at the
appropriate EPA Regional Office.
V. Background
A. Relationship of National Ambient Air Quality Standards (NAAQS) to
SIPs
EPA has established National Ambient Air Quality Standards (NAAQS)
for six criteria pollutants, which are widespread common pollutants
known to be harmful to human health and welfare. The present criteria
pollutants are: Carbon monoxide, lead, nitrogen dioxide, ozone,
particulate matter, and sulfur oxides. See 40 CFR part 50 for a
technical description of how the levels of these standards are measured
and attained. State Implementation Plans provide for implementation,
maintenance, and enforcement of the NAAQS in each state. Areas within
each state that are designated nonattainment are subject to additional
planning and control requirements. Accordingly, different regulations
or programs in the SIP will apply to different areas. EPA lists the
designation of each area at 40 CFR part 81.
B. What Is a State Implementation Plan?
The State Implementation Plan is a plan for each State which
identifies how that State will attain and/or maintain the primary and
secondary National Ambient Air Quality Standards (NAAQS) set forth in
section 109 of the Clean Air Act and 40 Code of Federal Regulations
50.4 through 50.12 and which includes Federally-enforceable
requirements. Each State is required to have a SIP which contains
control measures and strategies which demonstrate how each area will
attain and maintain the NAAQS. These plans are developed through a
public process, formally adopted by the State, and submitted by the
Governor's designee to EPA. The Clean Air Act requires EPA to review
each plan and any plan revisions and to approve the plan or plan
revisions if consistent with the Clean Air Act.
SIP requirements applicable to all areas are provided in section
110. Part D of title I the Clean Air Act specifies additional
requirements applicable to nonattainment areas. Section 110 and part D
describe the elements of a SIP and include, among other things,
emission inventories, a monitoring network, an air quality analysis,
modeling, attainment demonstrations, enforcement mechanisms, and
regulations which have been adopted by the State to attain or maintain
NAAQS. EPA has adopted regulatory requirements which spell out the
procedures for preparing, adopting and submitting SIPs and SIP
revisions; that are codified in 40 CFR part 51.
EPA's action on each State's SIP is promulgated in 40 CFR part 52.
The first section in the subpart in 40 CFR part 52 for each State is
generally the ``Identification of plan'' section which provides
chronological development of the State SIP. Or if the state has
undergone the new Incorporation by Reference format process (see 62 FR
27968; May 22, 1997), the identification of plan section identifies the
State-submitted rules and plan elements which have been Federally
approved. The goal of the State-by-State SIP compilation is to identify
those rules under the ``Identification of plan'' section which are
currently Federally-enforceable. In addition, some of the SIP
compilations may include control strategies, such as transportation
control measures, local ordinances, State statutes, and emission
inventories, or may include regulations provided in other sections of
the State-specific subpart of part 52. Some of the SIP compilations may
not identify these other Federally-enforceable elements.
The contents of a typical SIP fall into three categories: (1)
State-adopted control measures which consists of either rules/
regulations or source-specific requirements (e.g., orders and consent
decrees); (2) State-submitted ``non-regulatory'' components (e.g.,
attainment plans, rate of progress plans, emission inventories,
transportation control measures, statutes demonstrating legal
authority, monitoring networks, etc.); and (3) additional requirements
promulgated by EPA (in the absence of a commensurate State provision)
to satisfy a mandatory section 110 or part D (Clean Air Act)
requirement.
C. What Is Federally-Enforceable?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved,
EPA is authorized to take enforcement action against violators.
Citizens are also offered legal recourse to address violations as
described in section 304 of the Clean Air Act.
You should note that, when States have submitted their most current
State regulations for inclusion into Federally-enforceable SIPs, EPA
will begin its review process of submittals as soon as possible. Until
EPA approves a submittal by rulemaking action, State-submitted
regulations will be State-enforceable only; therefore, State-
enforceable SIPs may exist which differ from Federally-enforceable
SIPs. As EPA approves these State-submitted regulations, the regional
offices will continue to update the SIP compilations to include these
applicable requirements.
Dated: November 8, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-22361 Filed 11-14-07; 8:45 am]
BILLING CODE 6560-50-P
