[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Rules and Regulations]
[Pages 76617-76619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27993]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-7852-2]
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.
EFFECTIVE DATE: December 22, 2004.
ADDRESSES: You may contact the appropriate EPA Regional Office
regarding requirements of applicable implementation plans for each
State in that region. The list below identifies the appropriate
regional office for each state. The 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 (CAQ), Suite 1100, One Congress Street, Boston, MA
02114-2023.
See also: http://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: http://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.
See also: http://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: http://www.epa.gov/region4/air/sips/.
Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
Regional Contacts: Jeremiah Hall (312/353-3503), EPA, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
See also: http://www.epa.gov/ARD-R5/sips/sips.htm.
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: http://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, RCRA
and Toxics Division, Air Planning and Development Branch, 901 N. 5th
Street, Kansas City, KS 66101.
See also: http://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, 999
18th Street, Suite 300, Denver, CO 80202-2466.
See also: http://www.epa.gov/region8/air/sip.html.
Region 9: Arizona, California, Hawaii, Nevada, American Samoa, and
Guam.
Regional Contact: 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: http://www.epa.gov/region9/air/sips/.
Region 10: Alaska, Idaho, Oregon, and Washington.
Regional Contacts: Donna Deneen (206/553-6706) and Debra Suzuki
(206) 553-0985), EPA, Office of Air Quality (OAQ 107), 1200 6th Avenue,
Seattle, WA 98101.
See also: http://www.epa.gov/r10earth/sips.htm.
FOR FURTHER INFORMATION CONTACT: Donald Cooke, Air Quality 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
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
Availability of SIP Compilations
What Is the Basis for This Document
What Is Being Made Available Under This Document
[[Page 76618]]
What Are the Documents and Materials Associated With the SIP
Background
Relationship of National Ambient Air Quality Standards (NAAQS) to
SIPs
What Is a State Implementation Plan
What Is Federally-Enforceable
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. This is the fourth 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.
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.
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 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.
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 part 52),
which have been submitted for inclusion in the SIP by the state. These
control measures must have gone through state rulemaking process and
the public was 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;
PM10 Plans; CO Plans; Ozone Plans; Maintenance plans;
Inspection and Maintenance (I/M) SIP's; Emissions Inventories;
Monitoring Networks; State Statutes submitted for the purposes of
demonstrating legal authority; Part D plans; Attainment demonstrations;
Transportation control measures (TCM's); Committal measures;
Contingency Measures; Non-regulatory & 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.
Background
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.
What Is a State Implementation Plan
The State Implementation Plan (SIP) 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
[[Page 76619]]
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 SIP's 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.); (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.
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: December 16, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-27993 Filed 12-21-04; 8:45 am]
BILLING CODE 6560-50-P