Availability of Federally-Enforceable State Implementation Plans for All States, 71548-71550 [2010-29640]
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71548
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
Authority: 5 U.S.C. 552(a); 13 U.S.C 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
POSTAL SERVICE
39 CFR Part 111
Clarification of the Post Office Box
Lock Replacement Fee
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
■
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service will revise
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 508.4.8.4 to clarify the
applicability of the lock replacement fee
for Post OfficeTM boxes to reflect current
practice.
DATES: January 2, 2011.
FOR FURTHER INFORMATION CONTACT: Nan
McKenzie at 202–268–3089 or David
Rubin at 202–268–2986.
SUPPLEMENTARY INFORMATION: On July 9,
2010, the Federal Register published
the Postal Service proposed rule, New
Standards for Domestic Mailing Services
(75 FR 39477–39492). The applicability
of the lock replacement fee for Post
Office (PO) Boxes was included in this
proposed rule.
Current DMM standards require
payment of the lock replacement fee
when a customer requests that the lock
be changed. The Postal Service also
applies this fee when customers renew
PO BoxTM service more than 10 days
after the renewal due date. This
provides an incentive for customers to
pay their PO Box rental fee on time. For
those customers who do not renew until
after the 10-day grace period, the Postal
Service often changes the lock or incurs
other related costs, such as plugging the
lock and bundling and holding mail
separately for the owner of the PO Box.
The lock replacement fee is treated as a
late payment fee, even in those cases in
which the Postal Service does not
actually change the lock.
No customer comments were received
regarding the July 9, 2010 proposed
rule.
The Postal Service hereby adopts the
following changes to the Mailing
Services of the United States Postal
Service, Domestic Mail Manual (DMM),
which is incorporated by reference in
the Code of Federal Regulations. See 39
CFR 111.1.
SUMMARY:
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List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ Accordingly, 39 CFR part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
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Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
500
Additional Mailing Services
*
*
*
*
*
*
*
*
508
Recipient Services
*
*
4.0
Post Office Box Service
*
*
4.8
Keys and Locks
*
*
4.8.4
*
*
*
*
*
*
*
*
*
Lock Replacement
[Revise text of 4.8.4 by adding the
following sentence as a new last
sentence as follows:]
* * * The lock replacement fee also
applies as a late payment charge when
the customer renews a box more than 10
days after the renewal due date, whether
or not the lock is actually changed.
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–29732 Filed 11–23–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[FRL–9230–6]
Availability of Federally-Enforceable
State Implementation Plans for All
States
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
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
SUMMARY:
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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 24,
2010.
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.
Region 1: Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, and Vermont.
Regional Contact: Donald Cooke (617/
918–1668), EPA, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912
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, Air
Protection Division (3AP00), 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: Nacosta Ward (404/
562–9146), 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/region
05air/sips/.
Region 6: Arkansas, Louisiana, New
Mexico, Oklahoma, and Texas.
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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
Regional Contact: Bill Deese (214/
665–7253) and Carl Young (214/665–
6645), 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: Jan Simpson (913/
551–7089), 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: Kathy Dolan (303/
312–6142), EPA, Air 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: Cynthia Allen
(415/947–4120) and Lisa Tharp (415/
947–4142), 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: Donna Deneen
(206/553–6706), 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, 5 Post Office Square—Suite 100,
(Mail code OEP05–2), Boston, MA
02109–3912, telephone number (617)
918–1668, fax number (617) 918–0668,
e-mail cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
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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?
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C. What does it mean to be federallyenforceable?
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. The fifth notice of
availability was published in the
Federal Register on November 15, 2007
at 72 FR 64158. This is the sixth 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
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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?
This document announces that the
Federally-enforceable SIP for each State
is available for review and public
inspection at the appropriate EPA
regional office and identifies the contact
person for each regional office.
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
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?
In addition to state regulations that
provide for air pollution control, SIPs
include EPA-approved non-regulatory
elements (such as transportation control
measures, local ordinances, State
statutes, modeling demonstrations, and
emission inventories). These elements
must have gone through the State
rulemaking process with the
opportunity for public comment. EPA
also took rulemaking action on these
elements and those which have been
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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
EPA-approved or conditionally
approved are listed along with any
limitations on their approval. Examples
of EPA-approved documents and
materials associated with the SIP
include, but are not limited to: 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; and Visibility plans. As
stated above, the ‘‘non-regulatory’’
documents are available for public
inspection at the appropriate EPA
Regional Office.
V. Background
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A. Relationship of National Ambient Air
Quality Standards (NAAQS) to SIPs
EPA has established primary and
secondary 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 criteria pollutants are: Carbon
monoxide; lead; nitrogen oxides; ozone;
particulate matter; and sulfur dioxide.
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 that 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,
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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 of 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; these
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. Alternatively, if the state
has undergone the new Incorporation by
Reference formatting process (see 62 FR
27968; May 22, 1997), the identification
of plan section identifies the Statesubmitted rules and plan elements that
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. 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 consist of either
rules/regulations or source-specific
requirements (e.g., orders and consent
decrees); (2) State-submitted ‘‘nonregulatory’’ 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.
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C. What does it mean to be federallyenforceable?
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 also have
legal recourse to address violations as
described in section 304 of the Clean
Air Act.
When States submit their most
current State regulations for inclusion
into Federally-enforceable SIPs, EPA
begins its review 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 that differ from Federallyenforceable 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 17, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010–29640 Filed 11–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0130; FRL–8851–8]
N,N,N′,N″,-Tetrakis-(2-Hydroxypropyl)
Ethylenediamine (NTHE); Exemption
From the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of N,N,N′,N″,Tetrakis-(2-Hydroxypropyl)
Ethylenediamine (NTHE; CAS no. 102–
60–3) when used as an inert ingredient
stabilizer for formulation for pre- and
post-harvest uses under 40 CFR 180.910
and application to animals under 40
CFR 180.930, at a maximum
concentration of 20% by weight in
pesticide formulations. The Joint Inerts
Task Force (JITF), Cluster Support Team
Number 15 (CST 15) EPA Company No.
84947 submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
SUMMARY:
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Agencies
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71548-71550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29640]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-9230-6]
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 24, 2010.
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.
Region 1: Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, and Vermont.
Regional Contact: Donald Cooke (617/918-1668), EPA, Office of
Ecosystem Protection, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912
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, Air
Protection Division (3AP00), 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: Nacosta Ward (404/562-9146), 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/region05air/sips/.
Region 6: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
[[Page 71549]]
Regional Contact: Bill Deese (214/665-7253) and Carl Young (214/
665-6645), 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: Jan Simpson (913/551-7089), 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: Kathy Dolan (303/312-6142), EPA, Air 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: Cynthia Allen (415/947-4120) and Lisa Tharp
(415/947-4142), 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: Donna Deneen (206/553-6706), 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, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston,
MA 02109-3912, 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 does it mean to be 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. The fifth notice of
availability was published in the Federal Register on November 15, 2007
at 72 FR 64158. This is the sixth 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?
This document announces that the Federally-enforceable SIP for each
State is available for review and public inspection at the appropriate
EPA regional office and identifies the contact person for each regional
office.
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 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?
In addition to state regulations that provide for air pollution
control, SIPs include EPA-approved non-regulatory elements (such as
transportation control measures, local ordinances, State statutes,
modeling demonstrations, and emission inventories). These elements must
have gone through the State rulemaking process with the opportunity for
public comment. EPA also took rulemaking action on these elements and
those which have been
[[Page 71550]]
EPA-approved or conditionally approved are listed along with any
limitations on their approval. Examples of EPA-approved documents and
materials associated with the SIP include, but are not limited to: 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; and 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 primary and secondary 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 criteria pollutants are: Carbon monoxide; lead; nitrogen
oxides; ozone; particulate matter; and sulfur dioxide. 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 that
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 of 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; these 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. Alternatively, if the state
has undergone the new Incorporation by Reference formatting process
(see 62 FR 27968; May 22, 1997), the identification of plan section
identifies the State-submitted rules and plan elements that 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. 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 consist 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 does it mean to be 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 also have legal recourse to address violations as described in
section 304 of the Clean Air Act.
When States submit their most current State regulations for
inclusion into Federally-enforceable SIPs, EPA begins its review 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 that 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 17, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-29640 Filed 11-23-10; 8:45 am]
BILLING CODE 6560-50-P