7336 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

(g) Interaction between section 909 

and other Code provisions—(1) Section 

904(c). Section 909 does not apply to 

excess foreign income taxes that were 

paid or accrued in pre-2011 taxable 

years and carried forward and deemed 

paid or accrued under section 904(c) in 

a post-2010 taxable year. 

(2) Section 905(a). For purposes of 

determining in post-2010 taxable years 

the allowable deduction for foreign 

income taxes paid or accrued under 

section 164(a), the carryover of excess 

foreign income taxes under section 

904(c), and the extended period for 

claiming a credit or refund under 

section 6511(d)(3)(A), foreign income 

taxes to which section 909 applies are 

first taken into account and treated as 

paid or accrued in the year in which the 

related income is taken into account, 

and not in the earlier year to which the 

tax relates (determined without regard 

to section 909). 

(3) Section 905(c). If a 

redetermination of foreign income taxes 

claimed as a direct credit under section 

901 occurs in a post-2010 taxable year 

and the foreign tax redetermination 

relates to a pre-2011 taxable year, to the 

extent such foreign tax redetermination 

increased the amount of foreign income 

taxes paid or accrued with respect to the 

pre-2011 taxable year (for example, due 

to an additional assessment of foreign 

tax or a payment of a previously accrued 

tax not paid within two years), section 

909 will not apply to such taxes. If a 

redetermination of foreign tax paid or 

accrued by a section 902 corporation 

occurs in a post-2010 taxable year and 

increases the amount of foreign income 

taxes paid or accrued by the section 902 

corporation with respect to a pre-2011 

taxable year (for example, due to an 

additional assessment of foreign tax or 

a payment of a previously accrued tax 

not paid within two years), such taxes 

will be treated as pre-2011 taxes. 

Section 909 will apply to such taxes if 

they are pre-2011 split taxes and the 

taxes will be suspended in the post2010 taxable year in which they would 

otherwise be taken into account as a 

prospective adjustment to the section 

902 corporation’s pools of post-1986 

foreign income taxes. 

(4) Other foreign tax credit provisions. 

Section 909 does not affect the 

applicability of other restrictions or 

limitations on the foreign tax credit 

under existing law, including, for 

example, the substantiation 

requirements of section 905(b). 

(h) Effective/applicability date. This 

section applies to foreign income taxes 

paid or accrued by section 902 

corporations in pre-2011 taxable years 

for purposes of computing foreign 

income taxes deemed paid with respect 

to distributions or inclusions out of 

earnings and profits of section 902 

corporations in taxable years of the 

section 902 corporation ending after 

February 9, 2015. See 26 CFR 1.909–6T 

(revised as of April 1, 2014) for rules 

applicable to foreign income taxes paid 

or accrued by section 902 corporations 

in pre-2011 taxable years for purposes of 

computing foreign income taxes deemed 

paid with respect to distributions or 

inclusions out of earnings and profits of 

section 902 corporations in taxable 

years of the section 902 corporation 

beginning after December 31, 2010, and 

ending on or before February 9, 2015. 

§ 1.909–6T [Removed] 

■ Par. 17. Section 1.909–6T is removed. 

Rosemary Sereti, 

Acting Deputy Commissioner for Services and 

Enforcement. 

Approved: February 4, 2015. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2015–02614 Filed 2–9–15; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

RIN 2060–AS20 

[EPA–HQ–OAR–2015–0045; FRL–9922–54– 

OAR] 

Revisions to the Clean Air Act Section 

110 Submission Requirements for 

State Implementation Plans and Notice 

of Availability of an Option for 

Electronic Reporting 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: In this final rule and notice of 

availability, the Environmental 

Protection Agency (EPA) is revising the 

requirements for how state and tribal 

implementation plans (hereinafter, 

collectively referred to as SIPs) under 

the Clean Air Act (CAA) are required to 

be submitted to the EPA. Specifically, 

we are providing state, local and tribal 

air agencies (hereinafter, collectively 

referred to as states or air agencies) an 

option to submit SIPs, including any 

necessary supporting documents, using 

our new electronic SIP (eSIP) 

submission system, which is web-based. 

We are providing notification that 

electronic submission via the eSIP 

submission system is now our preferred 

method for air agencies to make SIP 

submissions, and that if a SIP 

submission is made through the eSIP 

submission system, all documents 

transmitted through the system will be 

considered part of the official SIP 

submission from the air agency. We are 

also simplifying submission 

requirements for those air agencies that 

still wish to make paper submissions by 

reducing the number of paper copies 

required, and providing non-binding 

guidelines for SIP submissions that will 

aid in SIP processing. 

DATES: The effective date of this action 

is March 16, 2015, when the eSIP 

submission system will be available to 

air agencies. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mia South, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C504–2, 109 

TW Alexander Drive, Research Triangle 

Park, NC 27709; (919) 541–5550; 

south.mia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action affects state, local and 

tribal air agencies that submit SIP 

revisions to meet the requirements of 

section 110 of the CAA and the EPA 

rules contained in 40 CFR part 51, 

Requirements for Preparation, 

Adoption, and Submisson of 

Implementation Plans. If you have 

questions regarding applicability of this 

action to a SIP submission, please use 

the contact information under FOR

FURTHER INFORMATION CONTACT. 

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–2015–0045. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, 

William Jefferson Clinton West 

Building, 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 Office of 

Air and Radiation Docket and 

Information Center is (202) 566–1742. 

C. Where do I go if I have a state-specific 

question? 

For questions related to specific 

states, please contact the appropriate 

EPA Regional Office SIP Contacts: 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7337 

1Memorandum from Janet McCabe, Deputy 

Assistant Administrator, Office of Air and 

Radiation, to Regional Administrators, Regions I–X, 

Regional Consistency for the Administrative 

Requirements of State Implementation Plan 

Submittals and Use of ‘‘Letter Notices,’’ dated April 

6, 2011, page 4. 

Region States Contact Contact info Address 

1 ........ Connecticut, Maine, Massachusetts, 

New Hampshire, Rhode Island, 

Vermont.

Donald Cooke ................................. 617–918–1668 EPA, Office of Ecosystem Protection, 5 Post Office Square—Suite 

100, (Mail Code OEP05–2), Boston, MA 02109–3912. 

2 ........ New Jersey, New York, Puerto Rico, 

Virgin Islands.

Kirk Wieber ..................................... 212–637–3381 EPA, Air Programs Branch, 290 

Broadway, New York, NY 

10007–1866. 

3 ........ Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West 

Virginia.

Sharon McCauley ........................... 215–814–3376 EPA, Air Protection Division 

(3AP00), 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4 ........ Alabama, Florida, Georgia, Kentucky, 

Mississippi, North Carolina, South 

Carolina, Tennessee.

Nacosta Ward ................................. 404–562–9140 EPA, Air Planning Branch, 61 

Forsyth Street, SW, Atlanta, GA 

30303–3104. 

5 ........ Illinois, Indiana, Michigan, Minnesota, 

Ohio, Wisconsin.

Christos Panos ............................... 312–353–8328 EPA, Air and Radiation Division 

(AR–18J), 77 West Jackson 

Boulevard, Chicago, IL 60604– 

3507. 

6 ........ Arkansas, Louisiana, New Mexico, 

Oklahoma, Texas.

Bill Deese .......................................

Carl Young .....................................

214–665–7253 

214–665–6645 

EPA, Multimedia Planning and Permitting Division, Air Planning 

Section (6PD–L), 1445 Ross Avenue, Suite 700, Dallas, TX 

75202–2733. 

7 ........ Iowa, Kansas, Missouri, Nebraska ...... Jan Simpson ................................... 913–551–7089 EPA, Air and Waste Management 

Division, Air Planning and Development Branch, 11201 Renner 

Blvd., Lenexa, KS 66219. 

8 ........ Colorado, Montana, North Dakota, 

South Dakota, Utah, Wyoming.

Air Quality Planning Unit Chief ...... 303–312–6936 EPA, Air Program, Office of Partnership and Regulatory Assistance, 1595 Wynkoop Street, 

Denver, CO 80202–1129. 

9 ........ Arizona, California, Hawaii, Nevada, 

American Samoa, Guam.

Lisa Tharp ......................................

Andy Steckel ..................................

415–947–4142 

415–947–4115 

EPA, Air Division, Rules Office, 

(AIR–4), 75 Hawthorne Street, 

San Francisco, CA 94105. 

10 ...... Alaska, Idaho, Oregon, Washington .... Claudia Vaupel ............................... 206–553–6121 EPA, Office of Air Waste and 

Toxics (AWT–150), 1200 Sixth 

Avenue, Suite 900, Seattle, WA 

98101–3140 

II. Final Action 

A. How is the EPA changing its rules 

regarding submission of SIPs and why? 

Under the CAA, air agencies are 

responsible for developing and 

submitting for approval SIPs that 

provide for attainment, maintenance 

and enforcement of the national ambient 

air quality standards (NAAQS) and 

protection of visibility in certain 

national parks and other Class I areas. 

Such SIP submissions may comprise ten 

or fewer pages, but frequently may be 

comprised of multiple documents 

containing tens or hundreds of pages. 

Under existing EPA regulations, air 

agencies are required to submit paper 

copies of their SIP submissions—in 

some cases up to five copies—and are 

only provided an option of providing 

electronic versions in addition to paper 

copies. See 40 CFR 51.103(a) (requiring 

five hard copies or an electronic copy 

with two hard copies) and Appendix V 

to Part 51 (requiring a signed and 

stamped copy and also providing for an 

electronic copy). Such requirements 

were considered reasonable when these 

requirements were promulgated, 

especially when there was no assurance 

that the courts’ review of our actions on 

these submissions would acknowledge 

electronic copies as official records. 

However, as we explained in our 

general rules regarding electronic 

reporting, there have since been 

significant advances in technology, and 

electronic systems are now available 

with capability to provide sufficient 

evidence of the authenticity of 

electronic submissions, including for 

their use in the courts. See generally 

Cross-Media Electronic Reporting, Final 

Rule (70 FR 59848, October 13, 2005, at 

59855 and 59872). In light of these 

advances, we believe it is unnecessary 

to continue to require paper 

submissions of SIPs now that an 

appropriate electronic submission 

system, the EPA’s eSIP submission 

system, is available. Accordingly, we are 

revising our rules to allow for electronic 

reporting through the eSIP submission 

system. 

We originally addressed reducing the 

burdens of SIP reporting in a guidance 

memo issued in 2011.1 At that time, we 

acknowledged certain constraints on our 

ability to rely solely on electronic copies 

of SIP submissions, but we used some 

of the existing flexibility provided in 40 

CFR 51.103 to reduce the number of 

paper copies that air agencies would be 

required to submit. We subsequently 

initiated a pilot project to develop and 

test a system for electronic web-based 

SIP submissions through a new eSIP 

submission system. The eSIP 

submission system pilot project 

involved personnel from various EPA 

offices and representatives from a 

number of air agencies, and it allowed 

us to gain important insight and ideas 

regarding the eSIP submission system. 

Having completed that pilot project, we 

believe it is now appropriate to expand 

the eSIP submission system to 

accommodate all states’ SIP submissions 

and to revise our underlying regulations 

to allow for electronic submissions on a 

more widespread basis. Thus, we are 

making revisions to the relevant 

regulations to provide all state, local 


rljohnson on DSK3VPTVN1PROD with RULES
7338 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

2 Improving Our Regulations: Final Plan for 

Periodic Retrospective Reviews of Existing 

Regulations. U.S. EPA. August 2011. Available at: 

http://www.epa.gov/regdarrt/retrospective/

documents/eparetroreviewplan-aug2011.pdf. 

3 Improving Regulation and Regulatory Review 

(Executive Order 13563). 76 FR 3821 (January 21, 

2011). 

and tribal air agencies the option of 

using the eSIP submission system. 

While this electronic submission 

method will be our preferred 

submission method for SIPs, some air 

agencies may choose to continue to 

provide paper submissions. Therefore, 

we are also revising our regulations to 

reduce the number of hard copies 

required to be submitted in an effort to 

reduce waste and burden on states. 

The development of the eSIP 

submission system also fulfills specific 

requests from our air agency partners. 

For example, the National Association 

of Clean Air Agencies and the 

Environmental Council of the States SIP 

Reform Workgroup is a cooperative 

initiative of state representatives and the 

EPA focused on finding ways to 

improve the SIP development and 

submission process, beginning from the 

time the EPA promulgates a new or 

revised NAAQS through the time of 

formal submission to Regional Offices 

for completeness determinations and 

EPA actions on such submissions. One 

of the requests of the workgroup was 

that we develop an electronic SIP 

submission system and make any 

regulatory changes that might be needed 

to make it available for use as an official 

submission mechanism. 

We recognize the important role of 

our air agency partners in meeting all 

applicable requirements for 

implementing the NAAQS and 

protecting visibility in Class I areas, and 

we wish to reduce the burdens on those 

air agencies in carrying out their 

responsibilities. To that end, the 

revisions in this final rule offer air 

agencies the option of submitting SIPs 

and supporting technical 

documentation electronically, instead of 

submitting them in multiple hard copies 

as currently required. In addition, while 

electronic SIP submission is our 

preferred method, we recognize that 

some air agencies may still wish to 

make paper SIP submissions, so this 

rule also reduces the number of paper 

copies that such agencies must provide. 

For paper submissions, we would prefer 

one paper copy that is submitted with 

an accompanying electronic copy that 

can be provided in a variety of formats 

(but preferably as a word searchable 

portable document format (PDF), but we 

also allow three paper copies without 

any electronic copy. Whether an air 

agency decides to make an electronic or 

paper SIP submission, this rule does not 

add any new requirements regarding the 

substance of any SIP. Therefore, this 

action does not impose any new 

burdens on air agencies, and instead 

provides for electronic submission and 

a reduced number of copies for paper 

submissions, both of which should 

reduce costs for the submitting entity. 

This rulemaking is also helping the 

EPA meet our goals for improving 

regulations. For example, the final rule 

is consistent with E-Enterprise for the 

Environment, a joint initiative between 

states and the EPA to improve 

environmental outcomes and 

dramatically enhance service to the 

regulated community and the public by 

maximizing the use of advanced 

monitoring and information 

technologies, optimizing operations and 

increasing transparency. This rule is 

also consistent with our overall 

approach to improving regulations, as 

described in our Final Plan for Periodic 

Retrospective Reviews of Existing 

Regulations (August 2011).2 That plan 

was developed in response to President 

Obama’s charge in Executive Order 

13563 for each federal agency to 

develop a ‘‘plan, consistent with law 

and its resources and regulatory 

priorities, under which the agency will 

periodically review its existing 

significant regulations to determine 

whether any such regulations should be 

modified, streamlined, expanded, or 

repealed so as to make the agency’s 

regulatory program more effective or 

less burdensome in achieving the 

regulatory objectives.’’ 3 As one key 

element of our plan, we stated that the 

EPA intends to replace outdated paper 

reporting with electronic reporting. This 

final rule represents an important step 

in making the transition to electronic 

submission of SIPs. 

In addition to revising our rules to 

allow for submission through the eSIP 

submission system and to reduce the 

number of paper copies required for 

submissions that are not made through 

the eSIP submission system, for the 

convenience of air agency personnel, we 

are amending 40 CFR 51.103 and 40 

CFR part 51, Appendix V by 

incorporating other provisions and 

changes relating to other aspects of SIP 

submissions, drawn from our past 

experience with SIP submissions. 

Specifically, we have added 40 CFR 

51.103(c) to generally advise air 

agencies to consult with the appropriate 

Regional Office for guidance regarding 

SIP submissions. We have revised 40 

CFR 51, Appendix V in three ways. 

First, we have moved from Section 

2.1(d) to Section 2.1(a) the existing 

requirement that air agencies must 

verify that any electronic copy provided 

with a paper submission is an exact 

duplicate of the paper copy. We have 

also added Section 3.0, which repeats 

many of the voluntary guidelines for SIP 

submissions previously provided in the 

2011 guidance memo mentioned above. 

If SIP submissions are prepared 

according to these recommendations, 

we should be able to process those 

submissions more quickly. 

Finally, consistent with the changes 

explained above, we have also included 

a minor amendment to 40 CFR 52.16 to 

clarify that any plan submission that is 

made pursuant to 40 CFR part 51 and 

that conforms to the requirements of 

Appendix V of that part will not also be 

required to conform with the 

requirements of section 52.16. 

The changes in this final rule 

represent an agency general rule of 

organization, procedure or practice that 

specifically amends 40 CFR part 51, 

Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, to clarify and 

simplify the SIP submission process to 

improve the SIP process by reducing 

federal and air agency burden. As 

explained above, this final rule does not 

make substantive changes to the 

required content of the SIP submissions 

required by the remaining regulations in 

40 CFR parts 51. Rather, it makes only 

minor amendments to the existing SIP 

submission rules that will enable states 

to submit and the EPA to process SIP 

revisions more efficiently. 

B. What is the EPA’s authority for taking 

action? 

This final rule is issued under the 

EPA’s general rulemaking authority 

provided under CAA section 301(a)(1) 

(42 U.S.C. 7601(a)(1)). 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(A), provides that ‘‘rules of 

agency organization, procedure, or 

practice’’ are exempt from notice and 

comment requirements. As explained 

above, the action we are taking today 

involves revisions to the rules that we 

follow in determining when an air 

agency has made an official SIP 

submission under the CAA and does not 

affect the required content of those 

submissions as required by the 

remaining regulations in 40 CFR parts 

51. Accordingly, these revisions fall 

under the exemption provided in APA 

section 553(b)(3)(A), and the EPA is not 

taking comment on this action. 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7339 

III. The Cross-Media Electronic 

Reporting Regulation (CROMERR)— 

Notice of Availability of Electronic 

Reporting 

As of March 16, 2015, air agencies 

may submit SIP revisions addressing 

CAA requirements through the eSIP 

submission system. The eSIP 

submission system, operated through 

the agency’s Central Data Exchange 

(CDX), is CROMERR compliant, which 

provides verification that the electronic 

signature meets the EPA’s regulatory 

electronic signature requirements. 

How to Access the System: The eSIP 

submission system can be accessed at 

https://cdx.epa.gov. New users will 

need to register. The EPA intends to 

provide training to affected entities on 

how to access, register and use the 

system. Please refer to http://

www.epa.gov/oaqps001/urbanair/

sipstatus/efficiency.html Web site for 

the latest information. 

How to Get Help for the System: The 

Regional Office SIP contacts listed in 

Section I.C of this preamble will be able 

to assist their respective air agencies 

with accessing, registering and using the 

eSIP submission system. The EPA 

strongly recommends that users work 

directly with their Regional Office as 

their primary point of contact; however, 

the CDX Help Desk is available for 

technical support-related questions 

between the hours of 8:00 a.m. and 6:00 

p.m. (ET) at 1–888–890–1995 or 

helpdesk@epacdx.net. 

General questions concerning this 

document should be addressed to the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

IV. Environmental Justice 

Considerations 

This action does not raise any 

environmental justice issues because it 

makes only minor amendments to the 

rules regarding how air agencies submit 

SIPs to the EPA, without affecting the 

required content of those SIPs or their 

availability to communities that may 

wish to participate in the EPA’s review 

of the SIPs. 

V. Statutory and Executive Order 

Reviews 

A. Executive Orders 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in 40 CFR part 51. The EPA 

believes this action does not impose an 

information collection burden because 

we are not requiring any new 

information from states. Rather, we are 

making only minor amendments to the 

existing SIP submission rules that will 

enable states to submit and the EPA to 

process SIP revisions more efficiently. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the APA, 5 U.S.C. 

553, or any other statute. 

D. Unfunded Mandates Reform Act 

This action imposes no new 

enforceable duty on any state, local or 

tribal governments or the private sector, 

but rather makes minor amendments to 

the existing rules that will enable air 

agencies to submit SIP revisions more 

efficiently. 

E. Executive Order 13132: Federalism 

This final rule does not have 

federalism implications. As noted 

previously, this action imposes no new 

enforceable duty on any state, local or 

tribal governments, but rather makes 

minor amendments to the existing rules 

that will enable air agencies to submit 

and the EPA to process SIP revisions 

more efficiently. 

The EPA believes, however, that this 

final rule may be of significant interest 

to states. Consistent with the EPA’s 

policy to promote communications 

between the EPA and state and local 

governments, the EPA consulted with 

representatives of states early in the 

process of developing the final rule to 

permit them to have meaningful and 

timely input into its development. We 

initiated a pilot during the development 

of the eSIP submission system that 

included EPA personnel from various 

offices and representatives from air 

agencies. The objectives of the eSIP 

submission system pilot was to gain 

insight and ideas regarding the data 

flow process within the eSIP submission 

system. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It does not have substantial direct 

effects on tribal governments, on the 

relationship between the federal 

government and Indian tribes or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes this action will not 

have potential disproportionately high 

and adverse human health or 

environmental effects on minority, lowincome or indigenous populations, as 

explained in section IV above. 

K. Congressional Review Act 

This rule is exempt from the 

Congressional Review Act because it is 

a rule of agency organization, procedure 

or practice that does not substantially 

affect the rights or obligations of nonagency parties. This rule will be 

effective March 16, 2015. 

L. Judicial Review 

Section 307(b)(l) of the CAA indicates 

which federal Courts of Appeal have 

venue for petitions of review of final 

agency actions by the EPA under the 

CAA. This section provides, in part, that 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit (i) when the agency 

action consists of ‘‘nationally applicable 


rljohnson on DSK3VPTVN1PROD with RULES
7340 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

This final rule consisting of simplified 

SIP submission requirements and an 

option for electronic web-based 

submission is ‘‘nationally applicable’’ 

within the meaning of section 307(b)(1). 

In addition, the rule addresses a 

common core of knowledge and analysis 

involved in formulating the decision 

and a common interpretation of the 

requirements of 40 CFR 51 Appendix V 

applied to determining the 

completeness of SIPs in states across the 

country and thus is based on a 

determination of nationwide scope or 

effect. 

This determination is appropriate 

because, in the 1977 CAA Amendments 

that revised CAA section 307(b)(l), 

Congress noted that the Administrator’s 

determination that an action is of 

‘‘nationwide scope or effect’’ would be 

appropriate for any action that has 

‘‘scope or effect beyond a single judicial 

circuit.’’ H.R. Rep. No. 95–294 at 323– 

324, reprinted in 1977 U.S.C.C.A.N. 

1402–03. In these circumstances, 

section 307(b)(1) and its legislative 

history authorize the Administrator to 

find the rule to be of ‘‘nationwide scope 

or effect’’ and thus to indicate that 

venue for challenges lies in the D.C. 

Circuit. Accordingly, the EPA is 

determining that this is a rule of 

nationwide scope or effect. Under 

section 307(b)(1) of the CAA, petitions 

for judicial review of this action must be 

filed in the United States Court of 

Appeals for the District of Columbia 

Circuit within 60 days from the date this 

final action is published in the Federal 

Register. Filing a petition for review by 

the Administrator of this final action 

does not affect the finality of the action 

for the purposes of judicial review nor 

does it extend the time within which a 

petition for judicial review must be 

filed, and shall not postpone the 

effectiveness of such rule or action. 

List of Subjects 

40 CFR Part 51 

Environmental protection, Approval 

and promulgation of implementation 

plans, Administrative practice and 

procedures, Air pollution control, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 52 

Environmental protection, Approval 

and promulgation of implementation 

plans, Administrative practice and 

procedures, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Date: February 2, 2015. 

Janet G. McCabe, 

Acting Assistant Administrator. 

For the reasons set forth in the 

preamble, 40 CFR parts 51 and 52 are 

amended as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

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

7671q. 

Subpart F—Procedural Requirements 

■ 2. Section 51.103 is revised to read as 

follows: 

§ 51.103 Submission of plans, preliminary 

review of plans. 

(a) The State makes an official plan 

submission to EPA only when the 

submission conforms to the 

requirements of appendix V to this part 

and the State delivers the submission to 

EPA through one of the three following 

methods: An electronic submission 

through EPA’s eSIP submission system; 

one paper submission to the appropriate 

Regional Office with an exact duplicate 

electronic version, preferably in a word 

searchable format; or three paper 

submissions. Any State submission 

under this part, whether through the 

eSIP submission system or in paper 

copy form, will serve as the official 

submission. 

(b) Upon request by a State, the 

Administrator will work with the State 

to provide preliminary review of a plan 

or portion thereof submitted in advance 

of the date such plan is due. Such 

requests must be made to the 

appropriate Regional Office, and must 

indicate changes (such as redline/

strikethrough) to the existing approved 

plan where applicable, and be 

submitted using a format agreed upon 

by the State and Regional Office. 

Requests for preliminary review do not 

relieve a State of the responsibility of 

adopting and submitting plans in 

accordance with prescribed due dates. 

(c) In addition to conforming to the 

requirements of appendix V to this part 

for complete SIP submissions, the EPA 

requests that the state consult with the 

appropriate Regional Office regarding 

any additional guidance for submitting 

a plan to EPA. 

■ 3. In Appendix V to part 51: 

■ a. Revise paragraphs (a) and (d) in 

section 2.1. 

■ b. Add section 3.0. 

The revisions and additions read as 

follows: 

APPENDIX V TO PART 51—CRITERIA 

FOR DETERMINING THE 

COMPLETENESS OF PLAN 

SUBMISSIONS 

* * * * * 

2.1 Administrative Materials 

(a) A formal signed, stamped, and dated 

letter of submittal from the Governor or his 

designee, requesting EPA approval of the 

plan or revision thereof (hereafter ‘‘the 

plan’’). If electing to submit a paper 

submission with a copy in electronic version, 

the submittal letter must verify that the 

electronic copy provided is an exact 

duplicate of the paper submission. 

* * * * * 

(d) A copy of the actual regulation, or 

document submitted for approval and 

incorporation by reference into the plan, 

including indication of the changes made 

(such as redline/strikethrough) to the existing 

approved plan, where applicable. The 

submission shall include a copy of the 

official State regulation/document, signed, 

stamped, and dated by the appropriate State 

official indicating that it is fully enforceable 

by the State. The effective date of any 

regulation/document contained in the 

submission shall, whenever possible, be 

indicated in the regulation/document itself; 

otherwise the State should include a letter 

signed, stamped, and dated by the 

appropriate State official indicating the 

effective date. If the regulation/document 

provided by the State for approval and 

incorporation by reference into the plan is a 

copy of an existing publication, the State 

submission should, whenever possible, 

include a copy of the publication cover page 

and table of contents. 

* * * * * 

3.0. GUIDELINES 

The EPA requests that the State adhere to 

the following voluntary guidelines when 

making plan submissions. 

3.1 All Submissions 

(a) The State should identify any 

copyrighted material in its submission, as 

EPA does not place such material on the web 

when creating the E-Docket for loading into 

the Federal Document Management System 

(FDMS). 

(b) The State is advised not to include any 

material considered Confidential Business 

Information (CBI) in their SIP submissions. In 

rare instances where such information is 

necessary to justify the control requirements 

and emissions limitations established in the 

plan, the State should confer with its 

Regional Offices prior to submission and 

must clearly identify such material as CBI in 


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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7341 

the submission itself. EPA does not place 

such material in any paper or web-based 

docket. However, where any such material is 

considered emissions data within the 

meaning of Section 114 of the CAA, it cannot 

be withheld as CBI and must be made 

publicly available. 

3.2 Paper Plan Submissions 

(a) The EPA requires that the submission 

option of submitting one paper plan must be 

accompanied by an electronic duplicate of 

the entire paper submission, preferably as a 

word searchable portable document format 

(PDF), at the same time the paper copy is 

submitted. The electronic duplicate should 

be made available through email, from a File 

Transfer Protocol (FTP) site, from the State 

Web site, on a Universal Serial Bus (USB) 

flash drive, on a compact disk, or using 

another format agreed upon by the State and 

Regional Office. 

(b) If a state prefers the submission option 

of submitting three paper copies and has no 

means of making an electronic copy available 

to EPA, EPA requests that the state confer 

with its EPA Regional Office regarding 

additional guidelines for submitting the plan 

to EPA. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 4. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 5. Section 52.16 is amended by 

revising paragraph (a) to read as follows: 

§ 52.16 Submission to Administrator. 

(a) All requests, reports, applications, 

submissions, and other communications 

to the Administrator pursuant to this 

part shall be submitted in duplicate and 

addressed to the appropriate Regional 

Office of the Environmental Protection 

Agency. For any submission pursuant to 

this part that is also a submission of a 

plan or plan revision pursuant to 40 

CFR part 51, the submission shall 

conform to the requirements of 

appendix V to 40 CFR part 51, rather 

than the requirements of this paragraph. 

* * * * * 

[FR Doc. 2015–02602 Filed 2–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0938; FRL–9922–73– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Transportation Conformity and 

Conformity of General Federal Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action approving State Implementation 

Plan (SIP) revisions submitted by the 

State of New Mexico on October 28, 

2011, November 1, 2013, and August 8, 

2014. These revisions amend the State 

transportation conformity provisions 

and remove the State general conformity 

provisions from the SIP, as allowed by 

the 2005 amendments to the Clean Air 

Act (Act or CAA). These revisions also 

establish transportation conformity 

criteria and procedures related to 

interagency consultation and 

enforceability of certain transportationrelated control measures and mitigation 

measures. Upon the effective date of this 

final action, the EPA federal rules will 

govern conformity of transportation 

Federal actions and general Federal 

actions within the State of New Mexico. 

This action is being taken in accordance 

with sections 110 and 176 of the Act. 

DATES: This rule is effective on April 13, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

March 12, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2011–0938, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions. 

• Email: Jeffrey Riley at riley.jeffrey@

epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0938. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 http://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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, (214) 665–8542, 

riley.jeffrey@epa.gov. To inspect the 

hard copy materials, please contact Mr. 

Riley or Mr. Bill Deese at (214) 665– 

7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background and Purpose 

II. EPA’s Evaluation 

III. Final Action 

IV. Statutory and Executive Order Reviews 


rljohnson on DSK3VPTVN1PROD with RULES