[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71548-71550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29640]
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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.
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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: 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, Air
Protection Division (3AP00), 1650 Arch Street, Philadelphia, PA 19103-
2029.
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: Nacosta Ward (404/562-9146), 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: Christos Panos (312/353-8328), EPA, Air and
Radiation Division (AR-18J), 77 West Jackson Boulevard, Chicago, IL
60604-3507.
See also: http://www.epa.gov/region05air/sips/index.html.
Region 6: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
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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: http://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: http://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: http://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: http://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: http://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 [email protected].
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
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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]
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