71504 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS—Continued 

State 

section Title/subject State effective date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2013–28377 Filed 11–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0113; A–1–FRL– 

9903–21–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Transportation Conformity 

and Conformity of General Federal 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New 

Hampshire. This revision establishes 

transportation conformity criteria and 

procedures related to interagency 

consultation and enforceability of 

certain transportation-related control 

measures and mitigation measures. In 

addition, the revision relies on the 

Federal rule for General Conformity. 

The intended effect of this action is to 

approve State criteria and procedures to 

govern conformity determinations. This 

action is being taken in accordance with 

the Clean Air Act. 

DATES: This direct final rule is effective 

January 28, 2014, unless EPA receives 

adverse comments by December 30, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0113 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0113,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0113. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency: Air Resources Division, 

Department of Environmental Services, 

6 Hazen Drive, P.O. Box 95, Concord, 

NH 03302–0095. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, Air Quality 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, email 

cooke.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

A. What is Transportation Conformity? 

B. What is General Conformity? 

C. Call to States for Conformity SIP 

Revisions 

D. Transportation Conformity Provisions of 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) 

E. General Conformity Affected by 

SAFETEA–LU 


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1Specifically, those sections are: §§ 51.392, 

51.394, 51.398, 51.400, 51.404, 51.410, 51.412, 

51.414, 51.416, 51.418, 51.420, 51.422, 51.424, 

51.426, 51.428, 51.430, 51.432. 51.434, 51.436, 

51.438, 51.440, 51.442, 51.444, 51.446, 51,448, 

51.450, 51.460, and 51.462. 

F. Prior New Hampshire Conformity SIP 

Revision Action 

G. State Submittal and EPA Evaluation 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

The intent of the conformity 

requirements is to prevent the air 

quality impacts of Federal actions from 

causing or contributing to a violation of 

the national ambient air quality 

standards (NAAQS) or interfering with 

the purpose of a State Implementation 

Plan (SIP), Tribal Implementation Plan 

(TIP) or Federal Implementation Plan 

(FIP). 

A. What is Transportation Conformity? 

Transportation conformity is required 

under Section 176(c) of the Clean Air 

Act to ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (‘‘conform 

to’’) the purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and those 

redesignated to attainment after 1990 

(maintenance areas) with plans 

developed under section 175A of the 

Clean Air Act, for the following 

transportation related criteria 

pollutants: ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2). 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

national ambient air quality standards. 

The transportation conformity 

regulation is found in 40 CFR Part 93, 

subpart A and provisions related to 

conformity SIPs are found in 40 CFR 

51.390. 

B. What is General Conformity? 

General Conformity is a requirement 

of section 176(c) of the Clean Air Act 

(CAA) Amendments of 1990. General 

Conformity is a safeguard that no action 

by the Federal government interferes 

with a SIP’s protection of the NAAQS. 

Under General Conformity, any action 

by the Federal government cannot: 

cause or contribute to any new violation 

of any standard in any area; interfere 

with provisions in the applicable SIP for 

maintenance of any standard; increase 

the frequency or severity of any existing 

violation of any standard in any area; or 

delay timely attainment of any standard, 

any required interim emission 

reductions, or any other milestones, in 

any area. The general conformity 

regulation is found in 40 CFR Part 93, 

subpart B and provisions related to 

conformity SIPs are found in 40 CFR 

51.851. 

C. Call to States for Conformity SIP 

Revisions 

In the CAA, Congress recognized that 

actions taken by Federal agencies could 

affect a State, Tribal, or local agency’s 

ability to attain and maintain the 

NAAQS. Congress added section 176(c) 

(42 U.S.C. 7506) to the CAA to ensure 

Federal agencies proposed actions 

conform to the applicable SIP, TIP or 

FIP for attaining and maintaining the 

NAAQS. That section requires Federal 

entities to find that the emissions from 

the Federal action will conform with the 

purposes of the SIP, TIP or FIP or not 

otherwise interfere with the State’s or 

Tribe’s ability to attain and maintain the 

NAAQS. 

The CAA Amendments of 1990 

clarified and strengthened the 

provisions in section 176(c). Because 

certain provisions of section 176(c) 

apply only to highway and mass transit 

funding and approvals actions, EPA 

published two set of regulations to 

implement section 176(c). The 

Transportation Conformity Regulations, 

(40 CFR Part 51, Subpart T, and 40 CFR 

Part 93, Subpart A) first published on 

November 24, 1993 (58 FR 62188), 

address Federal actions related to 

highway and mass transit funding and 

approval actions. The General 

Conformity Regulations, (40 CFR Part 

51, Subpart W, and 40 CFR Part 93, 

Subpart B) published on November 30, 

1993 (58 FR 63214), cover all other 

Federal actions. These two conformity 

regulations have been revised numerous 

times. 

When promulgated in 1993, the 

Federal transportation conformity rule 

at 40 CFR 51.395 mandated that the 

transportation conformity SIP revision 

incorporate several provisions of the 

rule 1 in verbatim form, except in so far 

as needed to give effect to a stated intent 

in the revision to establish criteria and 

procedures more stringent than the 

requirements stated in these sections. 

Similarly, 40 CFR 51.851 required the 

State’s general conformity provisions 

must contain criteria and procedures 

that are no less stringent than the 

Federal general conformity regulation, 

however the State could establish more 

stringent general conformity criteria and 

procedures if they apply equally to nonFederal, as well as Federal, entities. 

D. Transportation Conformity 

Provisions of Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

On August 10, 2005, the SAFETEA– 

LU was signed into law streamlining the 

requirements for conformity SIPs. Prior 

to SAFETEA–LU being signed into law, 

states were required to address all of the 

Federal conformity rule’s provisions in 

their conformity SIPs. Most of the 

sections of the Federal rule were 

required to be copied verbatim from the 

Federal rule into a state’s SIP, as 

previously required under 40 CFR 

51.390(d). 

Under SAFETEA–LU, states are 

required to address and tailor only three 

sections of the conformity rule in their 

conformity SIPs. These three sections of 

the Federal rule which must meet a 

state’s individual circumstances are: 40 

CFR 93.105, which addresses 

consultation procedures; 40 CFR 

93.122(a)(4)(ii), which requires that 

written commitments be obtained for 

control measures that are not included 

in a Metropolitan Planning 

Organization’s transportation plan and 

transportation improvement program 

prior to a conformity determination, and 

that such commitments be fulfilled; and, 

40 CFR 93.125(c) which requires that 

written commitments be obtained for 

mitigation measures prior to a project 

level conformity determination, and that 

project sponsors must comply with such 

commitments. In general, states are no 

longer required to submit conformity 

SIP revisions that address the other 

sections of the conformity rule. This 

provision took effect on August 10, 

2005, when SAFETEA–LU was signed 

into law. 

E. General Conformity Affected by 

SAFETEA–LU 

On April 5, 2010, EPA revisited the 

Federal General Conformity 

Requirements Rule to clarify the 

conformity process, authorize 

innovative and flexible compliance 

approaches, remove outdated or 

unnecessary requirements, reduce the 

paperwork burden, provide transition 

tools for implementing new standards, 

address issues raised by Federal 

agencies affected by the rules, and 

provide a better explanation of 

conformity regulations and policies. 

EPA’s April 2010 revised rule simplified 

state SIP requirements for general 

conformity, eliminating duplicative 

general conformity provisions codified 

at 40 CFR Part 93, Subpart B and 40 CFR 

Part 51, Subpart W. Finally, the April 

2010 revision updated the Federal 

General Conformity Requirements Rule 


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71506 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

to reflect changes to governing laws 

passed by Congress since EPA’s 1993 

rule. The SAFETEA–LU passed by 

Congress in 1995 contains a provision 

eliminating the CAA requirement for 

states to adopt general conformity SIPs. 

As a result of SAFETEA–LU, EPA’s 

April 2010 General Conformity rule 

eliminated the Federal regulatory 

requirement for states to adopt and 

submit general conformity SIPs, instead 

making submission of a general 

conformity SIP a state option. 

F. Prior New Hampshire Conformity SIP 

Revision Action 

On August 16, 1999 (64 FR 44417), 

EPA approved New Hampshire’s Part 

Env-A 1502, Conformity of General 

Federal Actions. New Hampshire’s rule 

references the Federal General 

Conformity rule (40 CFR Part 51, 

Subpart W). 

G. State Submittal and EPA Evaluation 

On December 9, 2011, the State of 

New Hampshire submitted a SIP 

revision consisting of additions and 

amendments to Env-A 1500, 

Conformity. The revised rule includes 

requirements for establishing a 

consultative process relative to 

transportation conformity 

determinations. Amendments to New 

Hampshire State Regulation Env-A 1500 

were made to (1) clarify the rules by 

adding certain definitions, deleting 

definitions that are not needed, and 

revising existing provisions so they are 

more readily understandable; (2) 

updating the 40 Code of Federal 

Regulations (CFR) part 93 references 

and otherwise aligning the rules with 

current federal requirements; (3) 

removing the State requirement for a 

minimum 30-day public comment 

period for conformity determinations as 

this is not a federal requirement and 

establishing alternative, more 

appropriate timeframes through 

interagency consultative process; and 

(4) consolidating provisions and 

definitions that are common to both 

transportation conformity and general 

conformity. 

We have reviewed New Hampshire’s 

submittal to assure consistency with the 

current Clean Air Act, as amended by 

SAFETEA–LU, and EPA regulations 

governing state procedures for 

transportation conformity and 

interagency consultation (40 CFR Part 

93, Subpart A and 40 CFR 51.390) and 

have concluded that the submittal is 

approvable. Specifically, New 

Hampshire’s rule at Env-A 1503 

Transportation Conformity adequately 

addresses the three sections of the 

Federal transportation conformity rule 

discussed above (consultation 

procedures, written commitments for 

control measures and mitigation 

measures, and project sponsors 

compliance with such commitments). 

EPA notes that New Hampshire’s 

conformity regulation at sections Env-A 

1503.20 and 1503.21 require entities to 

obtain written commitments but does 

not explicitly require parties to comply 

with those commitments. However, as 

stated in 40 CFR 51.390(a), ‘‘The federal 

conformity regulations contained in part 

93, subpart A, of this chapter would 

continue to apply for the portion of the 

requirements that the state did not 

include in its conformity 

implementation plan and the portion, if 

any of the state’s conformity provisions 

that is not approved by EPA.’’ 

Therefore, 40 CFR 93.122(a)(4)(i) and 

93.125(b) which explicitly state that 

entities ‘‘must comply with the 

obligations of such commitments’’ 

would continue to apply and this 

omission in New Hampshire’s rule is 

not an issue. 

We also reviewed New Hampshire’s 

submittal to assure consistency with the 

current Clean Air Act, as amended by 

SAFETEA–LU, and EPA regulations 

governing state procedures for general 

conformity (40 CFR Part 93, Subpart B 

and 40 CFR 51.851). New Hampshire’s 

administrative rule Env-A 1504 

Conformity of General Federal Actions, 

adequately refers to the general 

conformity Federal rule for 

implementation. 

In addition, New Hampshire’s 

December 9, 2011 SIP revision meets the 

requirements set forth in section 110 of 

the CAA with respect to adoption and 

submission of SIP revisions. As a result 

of this action, New Hampshire’s 

previously SIP-approved general 

conformity procedures for New 

Hampshire Env-A 1502 (August 16, 

1999; 64 FR 44417) will be replaced by 

Env-A 1500 the procedures submitted to 

EPA on December 9, 2011 for approval, 

and adopted by State of New Hampshire 

on September 11, 2011 with a State 

effective date of October 1, 2011. The 

approval of New Hampshire’s 

conformity SIP revision will strengthen 

the New Hampshire SIP and will assist 

the state in complying with Federal 

NAAQS. Therefore, EPA is approving 

New Hampshire’s revision to its 

conformity SIP to comply with the most 

recent Federal Conformity 

Requirements. 

II. Final Action 

EPA is approving New Hampshire’s 

Env-A 1500 Conformity into the New 

Hampshire SIP. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective January 

28, 2014 without further notice unless 

the Agency receives relevant adverse 

comments by December 30, 2013. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on January 28, 2014 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 


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Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 71507 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 28, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 8, 2013. 

Michael Kenyon, 

Acting Regional Administrator, EPA New 

England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart EE—New Hampshire 

■ 2. Section 52.1520 table in paragraph 

(c) is amended by revising the entry for 

‘‘Env-A 1500’’ to read as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective 

date EPA approval date 1 Explanations 

*******

Env–A 1500 .. Conformity ...................................... 10/1/2011 11/29/2013 ......................................

[Insert Federal Register page 

number where the document begins].

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the FEDERAL REGISTER notice cited in this column for the particular provision. 


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71508 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–28533 Filed 11–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 (617) 

918–1668, fax number (617) 918–0668, 

email cooke.donald@epa.gov. 

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 federallyenforceable? 

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. 


sroberts on DSK5SPTVN1PROD with RULES