[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71508-71510]
[FR Doc No: 2013-28241]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-9903-40-OAR]

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 November 29, 2013.

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 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 (404/562-9140), EPA, Air Planning
Branch, 61 Forsyth Street SW., Atlanta, GA 30303-3104.
    See also: http://www.epa.gov/region4/air/sips/.
    Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
    Regional Contact: 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/region5/air/sips/index.html.
    Region 6: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
    Regional Contacts: 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, 11201 Renner
Blvd., Lenexa, KS 66219.
    See also: http://www.epa.gov/region07/air/rules/fedapprv.htm.
    Region 8: Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming.
    Regional Contact: Kathy Ayala (303/312-6142), EPA, Air Program,
Office of Partnership and Regulatory Assistance, 1595 Wynkoop Street,
Denver, CO 80202-1129.
    See also: http://www.epa.gov/region8/air/sip.html.
    Region 9: Arizona, California, Hawaii, Nevada, American Samoa, and
Guam.
    Regional Contacts: Lisa Tharp (415/947-4142) and Andy Steckel (415/
947-4115), EPA, Air Division, Rules 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: Claudia Vaupel (206/553-6121), 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<PHONE_NUMBER>, fax number (617) 918-
0668, email<EMAIL_ADDRESS>
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.
Subsequent notices of availability were published in the Federal
Register on November 18, 1998 (63 FR 63986), November 20, 2001 (66 FR
58070), December 22, 2004 (69 FR 76617), November 15, 2007 (72 FR
64158), and November 24, 2010 (75 FR 71548). This is the seventh 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 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 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 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 NAAQS set forth in section 109 of the Clean Air Act and 40
Code of Federal Regulations 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 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. See 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 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 (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 18, 2013.
Gina McCarthy,
Administrator.
[FR Doc. 2013-28241 Filed 11-27-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Page 45539]
[FR Doc No: 2015-18660]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0025; FRL--9931-57-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Asbestos (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Asbestos (40 CFR
part 61, subpart M) (Renewal)'' (EPA ICR No. 0111.14, OMB Control No.
2060-0101) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). This is a proposed extension of the ICR, which is currently
approved through July 31, 2015. Public comments were previously
requested via the Federal Register (79 FR 30117) on May 27, 2014 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An Agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before August 31,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0025, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 61, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 61,
subpart M. Owners or operators of the affected facilities must submit
initial notification, performance tests, and periodic reports and
results. Owners or operators are also required to maintain records of
the occurrence and duration of any startup, shutdown, or malfunction in
the operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    Form Numbers: None.
    Respondents/affected entities: Demolition and renovation
facilities; disposal of asbestos wastes; asbestos milling,
manufacturing and fabricating; use of asbestos on roadways; asbestos
waste conversion facilities; and the use of asbestos insulation and
spray-on materials.
    Respondent's obligation to respond: Mandatory (40 CFR part 61,
subpart M).
    Estimated number of respondents: 9,603 (total).
    Frequency of response: Initially, occasionally, quarterly and
semiannually.
    Total estimated burden: 292,050 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $29,370,000 (per year), includes $0
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase in the total
estimated burden as currently identified in the OMB Inventory of
Approved Burdens. The change is due to an increase in the asbestos
demolition and renovation operations each year; it is not due to any
program changes. We have updated respondent and Agency burdens to
reflect EPA's current estimates of sources subject to the rule. We have
also updated respondent and Agency labor rates, which were referenced
from the Bureau of Labor Statistics and OPM, respectively.
    During the preparation of this ICR, EPA identified several
discrepancies related to rule reporting/recordkeeping requirements and
associated burdens. We have updated the respondent and Agency burden
tables accordingly in order to reconcile the discrepancies. For
example, the previous ICR did not correctly reflect the number of
demolition/renovation contractors that will participate in refresher
training. The revisions did not result in a substantial burden change,
as the average reporting and recordkeeping burden hours per response in
this ICR is equal to that of the previous ICR.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-18660 Filed 7-29-15; 8:45 am]
 BILLING CODE 6560-50-P