Notice2023-06010
Draft Guidance on the Preparation of State Implementation Plan Provisions That Address the Nonattainment Area Contingency Measure Requirements for Ozone and Particulate Matter
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
March 23, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the Environmental Protection Agency (EPA) has posted on its website a draft guidance document titled, "Draft Guidance on the Preparation of State Implementation Plan Provisions that Address the Nonattainment Area Contingency Measure Requirements for Ozone and Particulate Matter." The EPA invites the public to review and provide input on certain issues in its draft guidance document during the comment period specified in the DATES section. The issues for which EPA is seeking input are identified in sections 3, 4, and 5 of the draft guidance document.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17571-17572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06010]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2023-0063; FRL-10797-02-OAR]
Draft Guidance on the Preparation of State Implementation Plan
Provisions That Address the Nonattainment Area Contingency Measure
Requirements for Ozone and Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability and public comment period.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has posted on its website a draft guidance document
titled, ``Draft Guidance on the Preparation of State Implementation
Plan Provisions that Address the Nonattainment Area Contingency Measure
Requirements for Ozone and Particulate Matter.'' The EPA invites the
public to review and provide input on certain issues in its draft
guidance document during the comment period specified in the DATES
section. The issues for which EPA is seeking input are identified in
sections 3, 4, and 5 of the draft guidance document.
DATES: Comments must be received on or before April 24, 2023. Please
refer to SUPPLEMENTARY INFORMATION for additional information on the
comment period.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0063], at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, Cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions
and general guidance on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
draft guidance document, please contact Michael Ling, U.S. EPA, Office
of Air Quality Planning and Standards, Air Quality Policy Division,
C539-01, Research Triangle Park, NC 27711, telephone (919) 541-4729,
email at <a href="/cdn-cgi/l/email-protection#1f737671783172767c777e7a735f7a6f7e31787069"><span class="__cf_email__" data-cfemail="2a4643444d04474349424b4f466a4f5a4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Purpose
The purpose of the draft guidance on which the EPA is inviting
public comment is to assist air agencies that are required to prepare
nonattainment plan state implementation plan submissions for ozone or
particulate matter under Part D of Title I of the Clean Air Act (CAA).
Specifically, the draft guidance focuses on the requirement for those
plans to include contingency measures (CMs), which are control
requirements that would take effect if an area fails to attain an ozone
or particulate matter National Ambient Air Quality Standard by an
applicable attainment date, or fails to meet reasonable further
progress requirements. These CM requirements are specified in CAA
section 172(c)(9) for nonattainment areas generally, and in CAA section
182(c)(9) for ozone nonattainment areas classified Serious and higher.
The draft guidance focuses on three aspects of CM guidance that the
EPA is revising or updating, summarized later in this notice, for which
EPA is seeking input. The document also provides additional information
to summarize EPA's existing guidance for CMs more broadly, including
aspects that EPA is not changing, to ensure clarity and national
consistency. In sections 3, 4 and 5 of the draft guidance, EPA is
seeking input on the three key new or revised aspects of EPA's CM
guidance. First, the guidance addresses the method that air agencies
should use to calculate the EPA-recommended amount of emissions
reductions that CMs should provide. Second, the guidance provides
recommendations for an infeasibility justification, for an air agency
to use if it cannot identify feasible CMs in a sufficient quantity to
produce the recommended amount of CM emission reductions. Third, the
guidance changes the recommended time period within which reductions
from CMs should occur, which the EPA generally recommended to be one
year, but which the EPA is now recommending be changed to 2 years if
there are insufficient CMs available to achieve the recommended amount
of emissions reductions within 1 year.
II. Instructions for Submitting Public Comments and Internet Website
for Guidance Document Information
A. What should I consider as I prepare my comments for the EPA?
1. Submitting CBI. Do not submit information containing CBI to the
EPA through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Clearly mark the part or all
of the information that you claim to be CBI. For CBI information on any
digital
[[Page 17572]]
storage media that you mail to the EPA, note the docket ID, mark the
outside of the digital storage media as CBI, and identify
electronically within the digital storage media the specific
information that is claimed as CBI. In addition to one complete version
of the comments that includes information claimed as CBI, you must
submit a copy of the comments that does not contain the information
claimed as CBI directly to the public docket through the procedures
outlined in Instructions above. If you submit any digital storage media
that does not contain CBI, mark the outside of the digital storage
media clearly that it does not contain CBI and note the docket ID.
Information not marked as CBI will be included in the public docket and
the EPA's electronic public docket without prior notice. Information
marked as CBI will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address <a href="/cdn-cgi/l/email-protection#99f6f8e8e9eafafbf0d9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="e28d8393929181808ba2879283cc858d94">[email protected]</span></a>, and as
described earlier, should include clear CBI markings and note the
docket ID. If assistance is needed with submitting large electronic
files that exceed the file size limit for email attachments, and if you
do not have your own file sharing service, please email
<a href="/cdn-cgi/l/email-protection#ddb2bcacadaebebfb49db8adbcf3bab2ab"><span class="__cf_email__" data-cfemail="513e30202122323338113421307f363e27">[email protected]</span></a> to request a file transfer link. If sending CBI
information through the postal service, please send it to the following
address: OAQPS Document Control Officer (C404-02), OAQPS, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, Attention Docket ID No. EPA-HQ-OAR-2023-0063. The mailed CBI
material should be double wrapped and clearly marked. Any CBI markings
should not show through the outer envelope.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
<bullet> Identify the draft guidance by docket number and other
identifying information (subject heading, Federal Register date and
page number).
<bullet> Follow directions.
<bullet> Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
B. Where can I find additional information for this draft guidance?
A copy of the draft guidance can be found in the docket and a
website for this draft guidance at <a href="https://www.epa.gov/air-quality-implementation-plans/draft-contingency-measures-guidance">https://www.epa.gov/air-quality-implementation-plans/draft-contingency-measures-guidance</a>.
Scott Mathias,
Director, Air Quality Policy Division, Office of Air Quality Planning
and Standards.
[FR Doc. 2023-06010 Filed 3-22-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 23, 2023.
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.