Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50115 

and the Internal Revenue Service (IRS) 

on an annual basis. 

§ 239.13. Program Performance Reviews. 

HQUSACE will prepare monthly 

program performance reviews using the 

Homeowners Assistance Program 

Management Information System; 

HQUSACE Annual Management 

Command Plan and Management 

Control Checklist. In addition, program 

monitoring will also be conducted 

(through HAPMIS and CEFMS reports) 

at the Headquarters Department of the 

Army and at the DUSD(I&E) levels. 

§ 239.14. On-Site Inspections. 

The HQUSACE and MSCs may 

conduct periodic on-site inspections of 

district offices and monitor program 

execution through HAPMIS and CEFMS 

reports. 

§ 239.9. List of HAP field offices. 

Homeowners Assistance Program 

field offices that process HAP 

applications for installations and 

applicants located in the State 

indicated. Questions should be directed 

to the field office listed within the State 

applicable to the installation. 

Field office For installations located in 

U.S. Army Engineer District, Sacramento, CESPK, 1325 J Street, Sacramento, CA 95814–2922. (916) 557–6850 or 1–800–811–5532. 

Internet Address: http://www.spk.usace.army.mil.

Alaska, Arizona, California, Nevada, Utah, Idaho, Oregon, Pacific 

Ocean Rim, Washington, Montana and Hawaii. 

U.S. Army Engineer District, Savannah, CESAS, ATTN: RE–AH, P.O. 

Box 889, Savannah, GA 31402–0889. 1–800–861–8144. Internet Address: http://www.sas.usace.army.mil/hapinv/index.html.

Georgia, North Carolina, South Carolina, Alabama, Mississippi, Tennessee, Florida, Illinois, Indiana, Kentucky, Michigan, Ohio, Maryland, Delaware, District of Columbia, Pennsylvania, Virginia, Rhode 

Island, New York, Vermont, New Hampshire, Massachusetts, Connecticut, Maine, New Jersey, West Virginia and Europe. 

U.S. Army Engineer District, Fort Worth, CESWF, P.O. Box 17300, Fort 

Worth, TX 76102–0300. (817) 886–1112. 1–888–231–7751. Internet 

Address: http://www.swf.usace.army.mil.

Arkansas, Louisiana, Oklahoma, Texas, New Mexico, Colorado, Iowa, 

Nebraska, Michigan, Minnesota, North and South Dakota, Wisconsin, 

Wyoming, Kansas and Missouri. 

HAP Central Office, Homeowners 

Assistance Program, Real Estate 

Directorate, Military Division, 441 G 

Street, NW., Washington, DC 20314– 

1000. 

Dated: September 23, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–23418 Filed 9–29–09; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2004–0014; FRL–8937–8] 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reconsideration of 

Inclusion of Fugitive Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of grant of 

reconsideration and administrative stay 

of regulation. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is providing 

notice that through a letter signed by the 

Administrator on April 24, 2009, EPA 

granted a petition for reconsideration of 

the final rule titled, ‘‘Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Reconsideration of Inclusion of 

Fugitive Emissions,’’ published on 

December 19, 2008 (Fugitive Emissions 

Rule). EPA’s decision to reconsider was 

in response to a request made by 

Natural Resources Defense Council 

(NRDC) in a letter dated February 17, 

2009. 

DATES: The amendments to 40 CFR parts 

51 and 52 in this rule are effective from 

September 30, 2009 through December 

30, 2009. Effective September 30, 2009, 

the following CFR sections are 

administratively stayed until December 

30, 2009: 40 CFR 51.165(a)(1)(v)(G), 

(a)(1)(vi)(C)(3), (a)(1)(ix), 

(a)(1)(xxviii)(B)(2), (a)(1)(xxviii)(B)(4), 

(a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1), 

(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), 

(a)(2)(ii)(B), (a)(6)(iii), (a)(6)(iv), and 

(f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), 

(b)(2)(v), (b)(3)(iii)(c), (b)(3)(iii)(d), 

(b)(20), (b)(40)(ii)(b), (b)(40)(ii)(d), 

(b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii), 

(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and 

(w)(4)(i)(d); 40 CFR part 51, Appendix 

S, paragraphs II.A.5(vii), II.A.6(iii), 

II.A.9, II.A.24(ii)(b), II.A.24(ii)(d), 

II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii), 

II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and 

IV.K.4(i)(d); and 40 CFR 52.21, 

(a)(2)(iv)(b), (b)(2)(v), (b)(3)(iii)(b), 

(b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b), 

(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), 

(b)(48)(iii), (b)(48)(iv), (r)(6)(iii), 

(r)(6)(iv), and (aa)(4)(i)(d). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Wheeler, Air Quality Policy 

Division, (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC, 27711; 

telephone number: (919) 541–9771; or 

e-mail address: wheeler.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

In addition to granting the petition for 

reconsideration in the April 24, 2009 

letter, EPA indicated that it was 

administratively staying the rule for 

three months from the date of the letter. 

Since the initial decision to grant the 

stay, EPA has learned that under the 

present circumstances and in 

accordance with the Office of Federal 

Register’s regulations, the effective date 

of the administrative stay of the Fugitive 

Emissions Rule must be a date on or 

after publication of notice announcing 

the stay in the Federal Register. As a 

result, EPA is announcing that the 

corrected effective date of the stay is the 

date of publication of this notice. This 

stay of the Fugitives Emissions Rule will 

be effective for a period of three months 

beginning with the publication of this 

document in the Federal Register. To 

effectuate this stay of the December 19, 

2008 rule, we are reinstating previous 

provisions on a temporary basis. The 

EPA will publish a document in the 

Federal Register establishing a 

comment period and opportunity for a 

public hearing for the reconsideration 

proceeding. 

The petition for reconsideration and 

request for administrative stay can be 

found in the docket for the December 

19, 2008 rule. EPA’s April 24, 2009 

letter responding to NRDC’s request for 

reconsideration is also in the docket. 

EPA considered the petition for 

reconsideration and request for stay, 

along with information contained in the 

rulemaking docket, in reaching a 

decision on both the reconsideration 


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50116 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

and the stay of the Fugitives Emissions 

Rule. 

II. How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register document, the 

petition for reconsideration and the 

letter granting reconsideration and an 

administrative stay of the effectiveness 

of the Fugitive Emissions Rule are 

available in the docket for the final rule 

titled ‘‘Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NSR): 

Reconsideration of Inclusion of Fugitive 

Emissions,’’ published on December 19, 

2008 at 73 FR 77882, under Docket ID 

No. EPA–HQ–OAR–2004–0014. The 

table below identifies the petitioner, the 

date EPA received the petition, the 

document identification number for the 

petition, the date of EPA’s response, and 

the document identification number for 

EPA’s response. 

Petitioner Date of 

petition to EPA 

Petition: 

Document No. 

in docket 

Date of EPA 

response 

EPA response: 

Document No. 

in docket 

Natural Resources Defense Council ............................................................... 2/17/2009 0060 4/24/2009 0062 

Note that all document numbers listed 

in the table are in the form of ‘‘EPA– 

HQ–OAR–2004–0014–xxxx.’’ 

All documents in the docket are listed 

on the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information 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 through 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, Docket 

ID No. EPA–HQ–OAR–2004–0014, EPA 

West, Room 3334, 1301 Constitution 

Avenue, 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 EPA 

Docket Center is (202) 566–1742. 

In addition to being available in the 

docket, an electronic copy of this 

Federal Register notice and EPA’s 

response letter to the petitioners are also 

available on the World Wide Web at 

http://www.epa.gov/nsr. 

III. Judicial Review 

Under Clean Air Act section 307(b), 

judicial review of the Agency’s decision 

concerning the stay is available only by 

filing a petition for review in the U.S. 

Court of Appeals for the District of 

Columbia Circuit on or before November 

30, 2009. 

Dated: July 24, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons discussed in the 

preamble, the EPA amends 40 CFR parts 

51 and 52 as follows: 

PART 51—[AMENDED] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

§ 51.165 [Amended] 

■ 2. Effective September 30, 2009, 40 

CFR 51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3), 

(a)(1)(ix), (a)(1)(xxviii)(B)(2), 

(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), 

(a)(1)(xxxv)(B)(1), (a)(1)(xxxv)(C), 

(a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii), 

(a)(6)(iv), and (f)(4)(i)(D) are 

administratively stayed until December 

30, 2009. 

■ 3. Effective September 30, 2009 

through December 30, 2009, amend 40 

CFR 51.165 to add paragraph (a)(4) to 

read as follows: 

§ 51.165 Permit requirements. 

(a) * * * 

(4) Each plan may provide that the 

provisions of this paragraph do not 

apply to a source or modification that 

would be a major stationary source or 

major modification only if fugitive 

emission to the extent quantifiable are 

considered in calculating the potential 

to emit of the stationary source or 

modification and the source does not 

belong to any of the following 

categories: 

(i) Coal cleaning plants (with thermal 

dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction 

plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable 

of charging more than 250 tons of refuse 

per day; 

(ix) Hydrofluoric, sulfuric, or citric 

acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing 

plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants (furnace 

process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production 

plants; 

(xx) Chemical process plants—The 

term chemical processing plant shall not 

include ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140; 

(xxi) Fossil-fuel boilers (or 

combination thereof) totaling more than 

250 million British thermal units per 

hour heat input; 

(xxii) Petroleum storage and transfer 

units with a total storage capacity 

exceeding 300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil fuel-fired steam electric 

plants of more than 250 million British 

thermal units per hour heat input; 

(xxvii) Any other stationary source 

category which, as of August 7, 1980, is 

being regulated under section 111 or 

112 of the Act. 

* * * * * 

§ 51.166 [Amended] 

■ 4. Effective September 30, 2009, 40 

CFR 51.166 (a)(7)(iv)(b), (b)(2)(v), 

b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), 

(b)(40)(ii)(b), (b)(40)(ii)(d), (b)(47)(i)(a), 

(b)(47)(ii)(a), (b)(47)(iii), (b)(47)(iv), 

(r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d) 

are administratively stayed until 

December 30, 2009. 

5. Effective September 30, 2009 

through December 30, 2009, amend 40 

CFR 51.166 to add paragraph (i)(l)(ii) to 

read as follows: 

§ 51.166 Prevention of significant 

deterioration of air quality. 

* * * * * 

(i) * * * 

(1) * * * 


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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50117 

(ii) The source or modification would 

be a major stationary source or major 

modification only if fugitive emissions, 

to the extent quantifiable, are 

considered in calculating the potential 

to emit of the stationary source or 

modification and such source does not 

belong to any following categories: 

(a) Coal cleaning plants (with thermal 

dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction 

plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of 

charging more than 250 tons of refuse 

per day; 

(i) Hydrofluoric, sulfuric, or nitric 

acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(l) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace 

process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production 

plants; 

(t) Chemical process plants—The term 

chemical processing plant shall not 

include ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140; 

(u) Fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

British thermal units per hour heat 

input; 

(v) Petroleum storage and transfer 

units with a total storage capacity 

exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric 

plants of more than 250 million British 

thermal units per hour heat input; 

(aa) Any other stationary source 

category which, as of August 7, 1980, is 

being regulated under section 111 or 

112 of the Act; or 

* * * * * 

Appendix S to 40 CFR Part 51 [Amended] 

■ 6. Effective September 30, 2009, 40 

CFR part 51, Appendix S, paragraphs 

II.A.5(vii), II.A.6(iii), II.A.9, 

II.A.24(ii)(b), II.A.24(ii)(d), II.A.30(i)(a), 

II.A.30(ii)(a), II.A.30(iii), II.A.30(iv), 

IV.I.1(ii), IV.J.3, IV.J.4, and IV.K.4(i)(d) 

are administratively stayed until 

December 30, 2009. 

■ 7. Effective September 30, 2009 

through December 30, 2009, amend 

Appendix S to part 51 to add II.F to read 

as follows: 

Appendix S to Part 51—Emission Offset 

Interpretative Ruling 

* * * * * 

II. * * * 

F. Fugitive emission sources. Section IV. A. 

of this Ruling shall not apply to a source or 

modification that would be a major stationary 

source or major modification only if fugitive 

emissions, to the extent quantifiable, are 

considered in calculating the potential to 

emit of the stationary source or modification 

and such source does not belong to any 

following categories: 

(1) Coal cleaning plants (with thermal 

dryers); 

(2) Kraft pulp mills; 

(3) Portland cement plants; 

(4) Primary zinc smelters; 

(5) Iron and steel mills; 

(6) Primary aluminum ore reduction 

plants; 

(7) Primary copper smelters; 

(8) Municipal incinerators capable of 

charging more than 250 tons of refuse per 

day; 

(9) Hydrofluoric, sulfuric, or nitric acid 

plants; 

(10) Petroleum refineries; 

(11) Lime plants; 

(12) Phosphate rock processing plants; 

(13) Coke oven batteries; 

(14) Sulfur recovery plants; 

(15) Carbon black plants (furnace process); 

(16) Primary lead smelters; 

(17) Fuel conversion plants; 

(18) Sintering plants; 

(19) Secondary metal production plants; 

(20) Chemical process plants—The term 

chemical processing plant shall not include 

ethanol production facilities that produce 

ethanol by natural fermentation included in 

NAICS codes 325193 or 312140; 

(21) Fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(22) Petroleum storage and transfer units 

with a total storage capacity exceeding 

300,000 barrels; 

(23) Taconite ore processing plants; 

(24) Glass fiber processing plants; 

(25) Charcoal production plants; 

(26) Fossil fuel-fired steam electric plants 

of more than 250 million British thermal 

units per hour heat input; 

(27) Any other stationary source category 

which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the Act. 

* * * * * 

PART 52—[AMENDED] 

■ 8. The authority citation for part 52 

continues to read as follows: 

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

§ 52.21 [Amended] 

■ 9. Effective September 30, 2009, 40 

CFR 52.21 (a)(2)(iv)(b), (b)(2)(v), 

(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), 

(b)(41)(ii)(b), (b)(41)(ii)(d), (b)(48)(i)(a), 

(b)(48)(ii)(a), (b)(48)(iii), (b)(48)(iv), 

(r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d), 

December 30, 2009. 

■ 10. Effective September 30, 2009 

through December 30, 2009, amend 40 

CFR 52.21 to add (i)(l)(vii) to read as 

follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(i) * * * 

(1) * * * 

(vii) The source or modification 

would be a major stationary source or 

major modification only if fugitive 

emissions, to the extent quantifiable, are 

considered in calculating the potential 

to emit of the stationary source or 

modification and the source does not 

belong to any of the following 

categories: 

(a) Coal cleaning plants (with thermal 

dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction 

plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of 

charging more than 250 tons of refuse 

per day; 

(i) Hydrofluoric, sulfuric, or nitric 

acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(l) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace 

process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production 

plants; 

(t) Chemical process plants—The term 

chemical processing plant shall not 

include ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140; 

(u) Fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

British thermal units per hour heat 

input; 

(v) Petroleum storage and transfer 

units with a total storage capacity 

exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric 

plants of more than 250 million British 

thermal units per hour heat input; 

(aa) Any other stationary source 

category which, as of August 7, 1980, is 


sroberts on DSKD5P82C1PROD with RULES
50118 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

being regulated under section 111 or 

112 of the Act; or 

* * * * * 

[FR Doc. E9–23503 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[NH–041–7013a; A–1–FRL–8955–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Revised 

Format for Materials Being 

Incorporated by Reference for New 

Hampshire 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

its regulations for materials submitted 

by the State of New Hampshire that are 

incorporated by reference (IBR) into its 

State Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by New Hampshire and 

approved by EPA. 

DATES: Effective Date: This rule is 

effective on September 30, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, 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. 

An electronic copy of the New 

Hampshire regulations we have 

approved for incorporation into the SIP 

are also available by accessing http:// 

www.epa.gov/ne/topics/air/sips.html. A 

hard copy of the regulatory and sourcespecific portions of the compilation will 

also be maintained at the Air and 

Radiation Docket and Information 

Center, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460 and the National 

Archives and Records Administration 

(NARA). If you wish to obtain materials 

from a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number (202) 566–1742. For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, One Congress Street, Suite 1100 

(CAQ), Boston, MA 02114–2023, 

telephone number (617) 918–1668, fax 

number (617) 918–0668, e-mail 

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. Change of IBR Format 

A. Description of a SIP 

B. How EPA Enforces the SIP 

C. How the State and EPA Update the SIP 

D. How EPA Compiles the SIP 

E. How EPA Organizes the SIP Compilation 

F. Where You Can Find a Copy of the SIP 

Compilation 

G. The Format of the New Identification of 

Plan Section 

H. When a SIP Revision Becomes Federally 

Enforceable 

I. The Historical Record of SIP Revision 

Approvals 

II. What EPA Is Doing in This Action 

III. Good Cause Exemption 

IV. Statutory and Executive Order Reviews 

A. General Requirements 

B. Submission to Congress and the 

Comptroller General 

C. Petitions for Judicial Review 

I. Change of IBR Format 

This format revision will affect the 

‘‘Identification of plan’’ section of 40 

CFR part 52, as well as the format of the 

SIP materials that will be available for 

public inspection at the National 

Archives and Records Administration 

(NARA); the Air and Radiation Docket 

and Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA New England Regional Office. 

A. Description of a SIP 

Each state has a SIP containing the 

control measures and strategies used to 

attain and maintain the national 

ambient air quality standards (NAAQS) 

and achieve certain other Clean Air Act 

(Act) requirements (e.g., visibility 

requirements and prevention of 

significant deterioration). The SIP is 

extensive, containing such elements as 

air pollution control regulations, 

emission inventories, monitoring 

network descriptions, attainment 

demonstrations, and enforcement 

mechanisms. 

B. How EPA Enforces the SIP 

Each SIP revision submitted by New 

Hampshire must be adopted at the state 

level after undergoing reasonable notice 

and opportunity for public comment. 

SIPs submitted to EPA to attain or 

maintain the NAAQS must include 

enforceable emission limitations and 

other control measures, schedules and 

timetables for compliance. 

EPA evaluates submitted SIPs to 

determine if they meet the Act’s 

requirements. If a SIP meets the Act’s 

requirements, EPA will approve the SIP. 

EPA’s notice of approval is published in 

the Federal Register and the approval is 

then codified in the Code of Federal 

Regulations (CFR) at 40 CFR part 52. 

Once EPA approves a SIP, it is 

enforceable by EPA and citizens in 

Federal district court. 

We do not reproduce in 40 CFR part 

52 the full text of the New Hampshire 

regulations that we have approved; 

instead, we incorporate them by 

reference (‘‘IBR’’). We approve a given 

state regulation with a specific effective 

date and then refer the public to the 

location(s) of the full text version of the 

state regulation(s) should they want to 

know which measures are contained in 

a given SIP (see ‘‘I.F. Where You Can 

Find a Copy of the SIP Compilation’’). 

C. How the State and EPA Update the 

SIP 

The SIP is a living document which 

the state can revise 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 22, 1997 (62 FR 27968), EPA 

announced revised procedures for 

incorporating by reference federally 

approved SIPs. The procedures 

announced included: (1) A new process 

for incorporating by reference material 

submitted by states into compilations 

and a process for updating those 

compilations on roughly an annual 

basis; (2) a revised mechanism for 

announcing EPA approval of revisions 

to an applicable SIP and updating both 

the compilations and the CFR; and (3) 

a revised format for the ‘‘Identification 

of plan’’ sections for each applicable 

subpart to reflect these revised IBR 

procedures. 

D. How EPA Compiles the SIP 

We have organized into a compilation 

the federally-approved regulations, 

source-specific requirements and 

nonregulatory provisions we have 

approved into the SIP. We maintain 

hard copies of the compilation in 


sroberts on DSKD5P82C1PROD with RULES