Rule2022-26307
Availability of Federally-Enforceable State Implementation Plans for All States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 5, 2022
Effective
December 5, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Section 110(h) of the Clean Air Act (CAA), as amended in 1990, requires EPA to assemble the requirements of the federally-enforceable State Implementation Plans (SIPs) in each State and to provide notification in the Federal Register of the availability of such documents every three years. This document fulfills the three-year requirement of making these SIP compilations for each State available to the public. This document also addresses EPA's obligation under a consent decree which required EPA to assemble and publish online the SIP rules that have been approved by EPA as of August 31, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74314-74316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26307]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-10381-01-R5]
Availability of Federally-Enforceable State Implementation Plans
for All States
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of availability.
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SUMMARY: Section 110(h) of the Clean Air Act (CAA), as amended in 1990,
requires EPA to assemble the requirements of the federally-enforceable
State Implementation Plans (SIPs) in each State and to provide
notification in the Federal Register of the availability of such
documents every three years. This document fulfills the three-year
requirement of making these SIP compilations for each State available
to the public. This document also addresses EPA's obligation under a
consent decree which required EPA to assemble and publish online the
SIP rules that have been approved by EPA as of August 31, 2022.
DATES: Effective December 5, 2022.
ADDRESSES: See the SUPPLEMENTARY INFORMATION section for specific
regional addresses and contacts.
FOR FURTHER INFORMATION CONTACT: Christos Panos, EPA, Air and Radiation
Division (AR-18J), Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8328, <a href="/cdn-cgi/l/email-protection#0f7f6e61607c216c677d667c7b607c4f6a7f6e21686079"><span class="__cf_email__" data-cfemail="bcccddd2d3cf92dfd4ced5cfc8d3cffcd9ccdd92dbd3ca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. How can I comment or obtain more information on plans where I live?
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 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: Ariel Garcia (617/918-1660,
<a href="/cdn-cgi/l/email-protection#15727467767c743b74677c7079557065743b727a63"><span class="__cf_email__" data-cfemail="c8afa9baaba1a9e6a9baa1ada488adb8a9e6afa7be">[email protected]</span></a>), EPA, Office of Ecosystem Protection, 5 Post
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-1">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-1</a>.
Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands.
Regional Contact: Linda Longo (212/637-3565, <a href="/cdn-cgi/l/email-protection#761a19181119581a1f1812173613061758111900"><span class="__cf_email__" data-cfemail="93fffcfdf4fcbdfffafdf7f2d3f6e3f2bdf4fce5">[email protected]</span></a>),
EPA, Air Programs Branch, 290 Broadway, New York, NY 10007-1866.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-2">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-2</a>.
Region 3: Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia.
Regional Contact: Gregory Becoat (215/814-2036,
<a href="/cdn-cgi/l/email-protection#d7b5b2b4b8b6a3f9b0a5b2b0b8a5ae97b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="0e6c6b6d616f7a20697c6b69617c774e6b7e6f20696178">[email protected]</span></a>), EPA, Office of Air and Radiation (3AD00), Four
Penn Center 1600 John F. Kennedy Boulevard, Philadelphia, Pennsylvania
19103-2029.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-3">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-3</a>.
Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee.
Regional Contact: Sarah LaRocca (404/562-8994,
<a href="/cdn-cgi/l/email-protection#771b16051814141659041605161f3712071659101801"><span class="__cf_email__" data-cfemail="513d30233e3232307f2230233039113421307f363e27">[email protected]</span></a>), EPA Region 4, Air Planning Branch, Air
Regulatory Management Section, 61 Forsyth Street SW, Atlanta, GA 30303-
3104.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-4">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-4</a>.
Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
Regional Contact: Christos Panos (312/353-8328,
<a href="/cdn-cgi/l/email-protection#7000111e1f035e1318021903041f03301500115e171f06"><span class="__cf_email__" data-cfemail="66160708091548050e140f151209152603160748010910">[email protected]</span></a>), EPA, Air and Radiation Division (AR-18J), 77
West Jackson Boulevard, Chicago, IL 60604-3507.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-5">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-5</a>.
Region 6: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Regional Contacts: Karolina Ruan-Lei (214/665-7346, <a href="/cdn-cgi/l/email-protection#7a080f1b1457161f1354111b08151613141b3a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="651710040b4809000c4b0e04170a090c0b04250015044b020a13">[email protected]</span></a>), Adina Wiley (214/665-2115, <a href="/cdn-cgi/l/email-protection#afd8c6c3cad681cecbc6c1ceefcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="ccbba5a0a9b5e2ada8a5a2ad8ca9bcade2aba3ba">[email protected]</span></a>)
and Bill Deese (214/665-7253, <a href="/cdn-cgi/l/email-protection#1f7b7a7a6c7a3168767373767e725f7a6f7e31787069"><span class="__cf_email__" data-cfemail="caaeafafb9afe4bda3a6a6a3aba78aafbaabe4ada5bc">[email protected]</span></a>), EPA, Air and
Radiation Division, State Planning and Implementation Branch (R6 AR-
SH), 1201 Elm Street, Suite 500, Dallas, TX 75270.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-6">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-6</a>.
Region 7: Iowa, Kansas, Missouri, and Nebraska.
Regional Contact: Sarah Watterson (913/551-7797,
<a href="/cdn-cgi/l/email-protection#5b2c3a2f2f3e2928343575283a293a331b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="74031500001106071b1a5a071506151c341104155a131b02">[email protected]</span></a>), EPA, Air and Radiation Division, Air Quality
& Planning Branch, 11201 Renner Blvd., Lenexa, KS 66219.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-7">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-7</a>.
Region 8: Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming.
Regional Contact: Aaron Zull (303-312-6157, <a href="/cdn-cgi/l/email-protection#58222d34347639392a3736183d2839763f372e"><span class="__cf_email__" data-cfemail="bfc5cad3d391dedecdd0d1ffdacfde91d8d0c9">[email protected]</span></a>),
EPA, Air and Radiation Division, Air Quality Planning Branch, 1595
Wynkoop Street, Denver, CO 80202-1129.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-8">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-8</a>.
Region 9: Arizona, California, Hawaii, Nevada, American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
Regional Contacts: Kevin Gong (415/972-3073, <a href="/cdn-cgi/l/email-protection#21464e4f460f4a4457484f614451400f464e57"><span class="__cf_email__" data-cfemail="a4c3cbcac38acfc1d2cdcae4c1d4c58ac3cbd2">[email protected]</span></a>)
and Doris Lo (415/972-3959, <a href="/cdn-cgi/l/email-protection#a5c9ca8bc1cad7ccd6e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="a1cdce8fc5ced3c8d2e1c4d1c08fc6ced7">[email protected]</span></a>), EPA, Air and Radiation
Division, Rules Office, (AIR-3-2), 75
[[Page 74315]]
Hawthorne Street, San Francisco, CA 94105.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-9">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-9</a>.
Region 10: Alaska, Idaho, Oregon, and Washington.
Regional Contact: Randall Ruddick (206/553-1999,
<a href="/cdn-cgi/l/email-protection#93e1e6f7f7faf0f8bde1f2fdf7f2ffffd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="98eaedfcfcf1fbf3b6eaf9f6fcf9f4f4d8fde8f9b6fff7ee">[email protected]</span></a>), EPA Region 10, Air and Radiation Division
(15-H13), 1200 Sixth Avenue, Suite 155, Seattle, WA 98101.
See also: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-10">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-10</a>.
II. What is the basis for this document?
Section 110(h)(1) of the CAA mandates that not later than 5 years
after the date of enactment of the CAA 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 to address
its unique air pollution problems. The CAA requires EPA to take action
on any revisions to the SIP, including those containing new and or/
revised regulations. See CAA section 110(k). 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 under the CAA. 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.
This document also addresses EPA's obligation under a consent
decree in Our Children's Earth Foundation v. Regan, No. 4:20-cv-08530-
YGR (N.D. Cal December 13, 2021), which established deadlines for EPA
to publish online, the regulations, ordinances, and statutes and source
specific permits or requirements approved by EPA and incorporated by
reference in the Code of Federal Regulations.
III. Background
A. Relationship of National Ambient Air Quality Standards (NAAQS) to
SIPs
EPA has established primary and secondary 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 dioxide, 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. See also <a href="https://www.epa.gov/criteria-air-pollutants">https://www.epa.gov/criteria-air-pollutants</a>. SIPs 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 SIP?
The SIP is a plan for each State that provide for implementation,
maintenance, and enforcement of the NAAQS. The SIP also identifies how
that State will attain and/or maintain the primary and secondary NAAQS
set forth in section 109 of the CAA and 40 CFR 50.4 through 50.13 and
50.15 through 50.17 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 CAA requires EPA to review each plan
and any plan revisions and to approve the plan or plan revisions if
consistent with the CAA.
SIP requirements applicable to all areas are provided in section
110. Part D of title I of the CAA 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 revised 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 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 (CAA) 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 CAA.
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.
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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). Both the state
regulations and non-regulatory elements must have gone through the
state rulemaking process with the opportunity for public comment. After
these SIPs had been fully adopted by the State and submitted to EPA,
EPA took rulemaking action on SIPs, and those which have been 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. 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 contains both 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 CAA 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 for the first
time. These documents 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 contact the appropriate EPA
Regional Office and arrange for a mutually agreeable time.
Michael Regan,
Administrator.
[FR Doc. 2022-26307 Filed 12-2-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.