Proposed Rule2024-27262
Excess Emissions During Periods of Startup, Shutdown, and Malfunction; Partial Withdrawals of Findings of Failure To Submit State Implementation Plan (SIP)
Primary source
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Published
November 26, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to partially withdraw two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions required by the Clean Air Act (CAA) in a timely manner to address the EPA's 2015 findings of substantial inadequacy and "SIP calls" for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). This proposed action would render no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA is also taking direct final action on this withdrawal. See the direct final action published in the Rules and Regulations section of this issue of the Federal Register. If we receive no significant adverse comment on this proposed action, we will not take further action on this proposed action.
Full Text
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<title>Federal Register, Volume 89 Issue 228 (Tuesday, November 26, 2024)</title>
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[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Proposed Rules]
[Pages 93243-93245]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27262]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 52
[EPA-HQ-OAR-2021-0863; EPA-R03-OAR-2023-0179; FRL-12161-01-OAR]
Excess Emissions During Periods of Startup, Shutdown, and
Malfunction; Partial Withdrawals of Findings of Failure To Submit State
Implementation Plan (SIP)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed action.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially withdraw two final actions finding that 13 States and/or
local air pollution control agencies failed to submit State
Implementation Plan (SIP) revisions required by the Clean Air Act (CAA)
in a timely manner to address the EPA's 2015 findings of substantial
inadequacy and ``SIP calls'' for provisions applying to excess
emissions during periods of startup, shutdown, and malfunction (SSM).
This proposed action would render no longer applicable certain CAA
deadlines for the EPA to impose sanctions if a State does not submit a
complete SIP revision addressing the outstanding requirements, and to
promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA
is also taking direct final action on this withdrawal. See the direct
final action published in the Rules and Regulations section of this
issue of the Federal Register. If we receive no significant adverse
comment on this proposed action, we will not take further action on
this proposed action.
DATES: Written comments must be received by December 26, 2024.
ADDRESSES: You may send comments, identified by Docket ID Nos. EPA-HQ-
OAR-2021-0863 and EPA-R03-OAR-2023-0179, by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#0a6b276b646e2778274e6569616f7e4a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="96f7bbf7f8f2bbe4bbd2f9f5fdf3e2d6f3e6f7b8f1f9e0">[email protected]</span></a>. Include Docket ID Nos. EPA-
HQ-OAR-
[[Page 93244]]
2021-0863 and EPA-R03-OAR-2023-0179.
<bullet> Fax: (202) 566-9744.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC
20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
notice should be addressed to, Sydney Lawrence, Office of Air Quality
Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander
Drive, Research Triangle Park, NC 27711; by telephone (919) 541-4768;
or by email at <a href="/cdn-cgi/l/email-protection#0b676a7c796e65686e2578726f656e724b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="2e424f595c4b404d4b005d574a404b576e4b5e4f00494158">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How is the preamble organized?
The information presented in this preamble is organized as follows:
Table of Contents
I. General Information
A. How is the preamble organized?
B. How can I get copies of this document and other related
information?
C. Where do I go if I have specific air agency questions?
II. Why is the EPA issuing this proposed action?
III. Consequences of Partial Withdrawals of Findings of Failure To
Submit and Remaining Air Agency Obligations
IV. Statutory and Executive Order Reviews
B. How can I get copies of this document and other related information?
The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2021-0863 (as it pertains to the January 2022 national
FFS) and Docket ID No. EPA-R03-OAR-2023-0179 (as it pertains to the
April 2023 West Virginia FFS). All documents in the docket are listed
in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> index. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information, Proprietary Business Information or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy at the U.S.
Environmental Protection Agency, EPA Docket Center, William Jefferson
Clinton West Building, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Office of Air and Radiation Docket is (202) 566-1742.
C. Where do I go if I have specific air agency questions?
For questions related to specific air agencies mentioned in this
notice, please contact the appropriate EPA Regional office:
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EPA regional office Air agencies
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EPA Region 1: Alison Simcox, Air Quality Rhode Island.
Branch, EPA Region 1, 5 Post Office Square,
Boston, Massachusetts 02109.
<a href="/cdn-cgi/l/email-protection#03706a6e606c7b2d626f6a706c6d436673622d646c75"><span class="__cf_email__" data-cfemail="b2c1dbdfd1ddca9cd3dedbc1dddcf2d7c2d39cd5ddc4">[email protected]</span></a>.
EPA Region 3: Sean Silverman, Planning and District of Columbia.
Implementation Branch, EPA Region 3, 1650
Arch Street, Philadelphia, Pennsylvania
19103. <a href="/cdn-cgi/l/email-protection#c6b5afaab0a3b4aba7a8e8b5a3a7a886a3b6a7e8a1a9b0"><span class="__cf_email__" data-cfemail="c8bba1a4beadbaa5a9a6e6bbada9a688adb8a9e6afa7be">[email protected]</span></a>.
EPA Region 3: Serena Nichols, Planning and West Virginia.
Implementation Bracnh, EPA Region 3, 1650
Arch Street, Philadelphia, Pennsylvania
19103. <a href="/cdn-cgi/l/email-protection#f896919b9097948bd68b9d8a9d9699b89d8899d69f978e"><span class="__cf_email__" data-cfemail="234d4a404b4c4f500d504651464d42634653420d444c55">[email protected]</span></a>.
EPA Region 4: Faith Goddard, Air Planning and Alabama; North Carolina--
Implementation Branch, EPA Region 4, 61 Forsyth; Tennessee--
Forsyth Street SW, Atlanta, Georgia 30303. Shelby (Memphis).
<a href="/cdn-cgi/l/email-protection#4e29212a2a2f3c2a60282f273a260e2b3e2f60292138"><span class="__cf_email__" data-cfemail="37505853535645531951565e435f7752475619505841">[email protected]</span></a>.
EPA Region 5: Michael Leslie, Air Planning Illinois; Ohio.
and Maintenance Section, EPA Region 5, 77
West Jackson Boulevard, Chicago, Illinois
60604. <a href="/cdn-cgi/l/email-protection#6e020b1d02070b4003070d060f0b022e0b1e0f40090118"><span class="__cf_email__" data-cfemail="a7cbc2d4cbcec289cacec4cfc6c2cbe7c2d7c689c0c8d1">[email protected]</span></a>.
EPA Region 6: Michael Feldman, Air Program Arkansas.
Branch, EPA Region 6, 1201 Elm Street,
Dallas, Texas 75270. <a href="/cdn-cgi/l/email-protection#7e181b121a131f105013171d161f1b123e1b0e1f50191108"><span class="__cf_email__" data-cfemail="afc9cac3cbc2cec181c2c6ccc7cecac3efcadfce81c8c0d9">[email protected]</span></a>.
EPA Region 8: Adam Clark, Air Quality South Dakota.
Planning Branch, EPA Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202.
<a href="/cdn-cgi/l/email-protection#c2a1aea3b0a9eca3a6a3af82a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="fa99969b8891d49b9e9b97ba9f8a9bd49d958c">[email protected]</span></a>.
EPA Region 9: Eugene Chen, Control Measures California--San Joaquin
Section, Air and Radiation Division, EPA Valley Air Pollution
Region 9, 75 Hawthorne Street, San Control District (APCD).
Francisco, California 94105.
<a href="/cdn-cgi/l/email-protection#72111a171c5c170715171c17321702135c151d04"><span class="__cf_email__" data-cfemail="2d4e4548430348584a4843486d485d4c034a425b">[email protected]</span></a>.
EPA Region 10: Randall Ruddick, Air Planning Washington--Energy
Section, EPA Region 10, 1200 Sixth Avenue, Facility Site Evaluation
Seattle, Washington 98101. Council (EFSEC);
<a href="/cdn-cgi/l/email-protection#66141302020f050d4814070802070a0a2603160748010910"><span class="__cf_email__" data-cfemail="daa8afbebeb3b9b1f4a8bbb4bebbb6b69abfaabbf4bdb5ac">[email protected]</span></a>. Washington--Southwest
Clean Air Agency
(SWCAA).
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II. Why is the EPA issuing this proposed rule?
The EPA is issuing both a proposed action and a direct final action
to partially withdraw two previously issued Findings of Failure to
Submit (FFS) to address EPA's 2015 findings of substantial inadequacy
and ``SIP calls'' (``2015 SSM SIP Call'') \1\ for provisions applying
to excess emissions during periods of SSM that were statutorily due no
later than November 22, 2016. The EPA's previously issued FFS
determinations were impacted by a court decision issued in March 2024
by the United States Court of Appeals District of Columbia Circuit
(D.C. Circuit).\2\ The first FFS that is being proposed for partial
withdrawal is the January 22, 2022 national FFS issued to 12 States and
local air pollution control agencies to respond to the above-referenced
SIP call.\3\ The second FFS that is being proposed for partial
withdrawal is the April 17, 2023 FFS issued to West Virginia for the
same
[[Page 93245]]
reasons.\4\ In total, the 13 States and/or local air agencies that were
issued an FFS can be found in Table 1 of Section II of the direct final
action.
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\1\ See ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' 80 FR 33840 (June 12, 2015).
\2\ See Environ. Comm. Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C.
Cir. 2024).
\3\ See ``Findings of Failure To Submit State Implementation
Plan Revisions in Response to the 2015 Findings of Substantial
Inadequacy and SIP Calls To Amend Provisions Applying To Excess
Emissions During Periods of Startup, Shutdown, and Malfunction,'' 87
FR 1680 (January 12, 2022).
\4\ See ``West Virginia; Finding of Failure To Submit State
Implementation Plan Revision in Response to the 2015 Findings of
Substantial Inadequacy and SIP Calls To Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown, and
Malfunction,'' 88 FR 23353 (April 17, 2023).
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The EPA is taking direct final action with parallel proposal
because we view the partial FFS withdrawals as administrative,
noncontroversial, and anticipate no significant adverse comments. The
EPA has identified the State and/or local air agency SIP provisions for
which the partial FFS withdrawals are applicable to and explained our
reasons for the withdrawal in the direct final action. At the same
time, the EPA is proposing to make the same partial withdrawals. If no
significant adverse comments are received on this proposed action, no
further action will be taken on this proposal, and the direct final
action will become effective as provided in that action. For further
supplementary information and the rationale and consequences of this
proposal, see the direct final action published in the Rules and
Regulations section of this issue of the Federal Register.
III. Consequences of Withdrawn Portions of Findings of Failure To
Submit and Remaining Air Agency Obligations
As further discussed in the direct final action, because certain
SIP calls were vacated by the D.C. Circuit, the States and/or local air
agencies with provisions to which those SIP calls previously applied no
longer have an obligation to submit the revisions that the EPA had
originally determined pursuant to the 2015 SSM SIP Call. As there is no
longer a predicate submission obligation for those particular SIP-
called provisions, the EPA's findings that such obligation were not met
are no longer valid and must be withdrawn. The SIP provisions for which
the EPA is proposing to withdraw the Agency's FFS can be found in Table
3 of Section III of the direct final action.
For those State and/or local jurisdiction SIP provisions listed in
Table 3 of Section III of the direct final action for which the FFS are
withdrawn, the CAA deadlines for the EPA to impose sanctions under CAA
sections 179(a) and (b) and promulgate a FIP under CAA section 110(c)
are no longer applicable. For those State and/or local jurisdiction SIP
provisions in which the FFS are not withdrawn and are still applicable,
the CAA deadlines for the EPA to impose sanctions under CAA sections
179(a) and (b) and promulgate a FIP under section 110(c) remain in
effect as previously established.<SUP>5 6</SUP> The States and/or local
air agencies for which the FFS are not withdrawn and mandatory CAA
deadlines remain in effect can be found in Table 4 Section IV of the
direct final action.
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\5\ See 87 FR 1680, 1682.
\6\ See 88 FR 88 FR 23353, 23354-23355.
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IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
(E.O.) can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
For a complete discussion of the administrative requirements
applicable to this action, see the direct final action published in the
Rules and Regulations section of this issue of the Federal Register.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedures,
Air pollution control, Approval and promulgation of implementation
plans, Incorporation by reference, Intergovernmental relations, and
Reporting and recordkeeping requirements.
Joseph Goffman,
Assistant Administrator.
[FR Doc. 2024-27262 Filed 11-25-24; 8:45 am]
BILLING CODE 6560-50-P
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