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
Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 71509 

Section 110(h) recognizes the fluidity 

of a given State SIP. The SIP is a living 

document which can be revised by the 

State with EPA approval as necessary to 

address the unique air pollution 

problems in the State. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations. On May 31, 1972 

(37 FR 10842), EPA approved, with 

certain exceptions, the initial SIPs for 50 

states, four territories and the District of 

Columbia. [Note: EPA approved an 

additional SIP—for the Northern 

Mariana Islands—on November 10, 1986 

(51 FR 40799)]. Since 1972, each State 

and territory has submitted numerous 

SIP revisions, either on their own 

initiative, or because they were required 

to as a result of various amendments to 

the Clean Air Act. This notice of 

availability informs the public that the 

SIP compilation has been updated to 

include the most recent requirements 

approved into the SIP. These approved 

requirements are federally-enforceable. 

III. What is being made available under 

this document? 

This document announces that the 

federally-enforceable SIP for each State 

is available for review and public 

inspection at the appropriate EPA 

Regional Office and identifies the 

contact person for each regional office. 

The federally-enforceable SIP is a 

complex document, containing both 

many regulatory requirements and nonregulatory items such as plans and 

emission inventories. Regulatory 

requirements include State-adopted 

rules and regulations, source-specific 

requirements reflected in consent 

orders, and in some cases, provisions in 

the enabling statutes. 

Following the 1990 Clean Air Act 

Amendments, the first section 110(h) 

SIP compilation availability notice was 

published on November 1, 1995 (61 FR 

55459). At that time, EPA announced 

that the SIP compilations, comprised of 

the regulatory portion of each State SIP, 

were available at the EPA Regional 

Office serving that particular State. In 

general, the compilations made 

available in 1995 did not include the 

source-specific requirements or other 

documents and materials associated 

with the SIP. With the second notice of 

availability in 1998, the source-specific 

requirements and the ‘‘non-regulatory’’ 

documents [e.g., attainment plans, rate 

of progress plans, emission inventories, 

transportation control measures, statutes 

demonstrating legal authority, 

monitoring networks, etc.] were made 

available and will remain available for 

public inspection at the respective 

regional office listed in the ADDRESSES

section above. If you want to view these 

documents, please make an 

appointment with the appropriate EPA 

Regional Office and arrange for a 

mutually agreeable time. 

IV. What are the documents and 

materials associated with the SIP? 

In addition to state regulations that 

provide for air pollution control, SIPs 

include EPA-approved non-regulatory 

elements (such as transportation control 

measures, local ordinances, state 

statutes, modeling demonstrations, and 

emission inventories). These elements 

must have gone through the state 

rulemaking process with the 

opportunity for public comment. EPA 

also took rulemaking action on these 

elements and those which have been 

EPA-approved or conditionally 

approved are listed along with any 

limitations on their approval. Examples 

of EPA-approved documents and 

materials associated with the SIP 

include, but are not limited to: SIP 

Narratives; Particulate Matter Plans; 

Carbon Monoxide Plans; Ozone Plans; 

Maintenance plans; Vehicle Inspection 

and Maintenance (I/M) SIPs; Emissions 

Inventories; Monitoring Networks; State 

Statutes submitted for the purposes of 

demonstrating legal authority; Part D 

nonattainment area plans; Attainment 

demonstrations; Transportation control 

measures (TCMs); Committal measures; 

Contingency Measures; Non-regulatory 

and Non-TCM Control Measures; 15% 

Rate of Progress Plans; Emergency 

episode plans; and Visibility plans. As 

stated above, the ‘‘non-regulatory’’ 

documents are available for public 

inspection at the appropriate EPA 

Regional Office. 

V. Background 

A. Relationship of National Ambient Air 

Quality Standards (NAAQS) to SIPs 

EPA has established primary and 

secondary National Ambient Air Quality 

Standards for six criteria pollutants, 

which are widespread common 

pollutants known to be harmful to 

human health and welfare. The criteria 

pollutants are: carbon monoxide; lead; 

nitrogen oxides; ozone; particulate 

matter; and sulfur dioxide. See 40 CFR 

part 50 for a technical description of 

how the levels of these standards are 

measured and attained. State 

Implementation Plans provide for 

implementation, maintenance, and 

enforcement of the NAAQS in each 

state. Areas within each state that are 

designated nonattainment are subject to 

additional planning and control 

requirements. Accordingly, different 

regulations or programs in the SIP will 

apply to different areas. EPA lists the 

designation of each area at 40 CFR part 

81. 

B. What is a State Implementation Plan? 

The State Implementation Plan is a 

plan for each State that identifies how 

that State will attain and/or maintain 

the primary and secondary NAAQS set 

forth in section 109 of the Clean Air Act 

and 40 Code of Federal Regulations 50.4 

through 50.13 and 50.15 through 50.17 

and which includes federallyenforceable requirements. Each State is 

required to have a SIP which contains 

control measures and strategies which 

demonstrate how each area will attain 

and maintain the NAAQS. These plans 

are developed through a public process, 

formally adopted by the State, and 

submitted by the Governor’s designee to 

EPA. The Clean Air Act requires EPA to 

review each plan and any plan revisions 

and to approve the plan or plan 

revisions if consistent with the Clean 

Air Act. 

SIP requirements applicable to all 

areas are provided in section 110. Part 

D of title I of the Clean Air Act specifies 

additional requirements applicable to 

nonattainment areas. Section 110 and 

part D describe the elements of a SIP 

and include, among other things, 

emission inventories, a monitoring 

network, an air quality analysis, 

modeling, attainment demonstrations, 

enforcement mechanisms, and 

regulations which have been adopted by 

the State to attain or maintain NAAQS. 

EPA has adopted regulatory 

requirements which spell out the 

procedures for preparing, adopting and 

submitting SIPs and SIP revisions. See 

40 CFR part 51. 

EPA’s action on each State’s SIP is 

promulgated in 40 CFR part 52. The first 

section in the subpart in 40 CFR part 52 

for each State is generally the 

‘‘Identification of plan’’ section which 

provides chronological development of 

the State SIP. Alternatively, if the state 

has undergone the new Incorporation by 

Reference formatting process (see 62 FR 

27968; May 22, 1997), the identification 

of plan section identifies the Statesubmitted rules and plan elements that 

have been federally approved. The goal 

of the State-by-State SIP compilation is 

to identify those rules under the 

‘‘Identification of plan’’ section which 

are currently federally-enforceable. In 

addition, some of the SIP compilations 

may include control strategies, such as 

transportation control measures, local 

ordinances, State statutes, and emission 

inventories. Some of the SIP 

compilations may not identify these 

other federally-enforceable elements. 


sroberts on DSK5SPTVN1PROD with RULES
71510 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

The contents of a typical SIP fall into 

three categories: (1) State-adopted 

control measures which consists of 

either rules/regulations or sourcespecific requirements (e.g., orders and 

consent decrees); (2) State-submitted 

‘‘non-regulatory’’ components (e.g., 

attainment plans, rate of progress plans, 

emission inventories, transportation 

control measures, statutes 

demonstrating legal authority, 

monitoring networks, etc.); and (3) 

additional requirements promulgated by 

EPA (in the absence of a commensurate 

State provision) to satisfy a mandatory 

section 110 or part D (Clean Air Act) 

requirement. 

C. What does it mean to be federallyenforceable? 

Enforcement of the state regulation 

before and after it is incorporated into 

the federally-approved SIP is primarily 

a state responsibility. However, after the 

regulation is federally approved, EPA is 

authorized to take enforcement action 

against violators. Citizens also have 

legal recourse to address violations as 

described in section 304 of the Clean 

Air Act. 

When States submit their most 

current State regulations for inclusion 

into federally-enforceable SIPs, EPA 

begins its review as soon as possible. 

Until EPA approves a submittal by 

rulemaking action, State-submitted 

regulations will be State-enforceable 

only. Therefore, State-enforceable SIPs 

may exist that differ from federallyenforceable SIPs. As EPA approves 

these State-submitted regulations, the 

regional offices will continue to update 

the SIP compilations to include these 

applicable requirements. 

Dated: November 18, 2013. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2013–28241 Filed 11–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 61, and 63 

[EPA–R07–OAR–2013–0512; FRL 9903–15- 

Region 7] 

Delegation of Authority to the States of 

Iowa; Kansas; Missouri; Nebraska; 

Lincoln-Lancaster County, NE; and 

City of Omaha, NE., for New Source 

Performance Standards (NSPS), 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Including Maximum Achievable 

Control Technology (MACT) Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of delegation of 

authority. 

SUMMARY: The States of Iowa, Kansas, 

Missouri, and Nebraska and the local 

agencies of Lincoln-Lancaster County, 

Nebraska, and the city of Omaha, 

Nebraska, have submitted updated 

regulations for delegation of EPA 

authority for implementation and 

enforcement of NSPS, NESHAP, and 

MACT standards. The submissions 

cover new EPA standards and, in some 

instances, revisions to standards 

previously delegated. EPA’s review of 

the pertinent regulations shows that 

they contain adequate and effective 

procedures for the implementation and 

enforcement of these Federal standards. 

This action informs the public of 

delegations to the above-mentioned 

agencies. 

DATES: This document is effective on 

November 29, 2013. The dates of 

delegation can be found in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

ADDRESSES: Copies of documents 

relative to this action are available for 

public inspection during normal 

business hours at the Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Road, Lenexa, Kansas 66219. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

Effective immediately, all 

notifications, applications, reports, and 

other correspondence required pursuant 

to the newly delegated standards and 

revisions identified in this document 

must be submitted with respect to 

sources located in the jurisdictions 

identified in this document, to the 

following addresses: 

Iowa Department of Natural Resources, 

Air Quality Bureau, 7900 Hickman 

Road, Suite 1, Windsor Heights, 

Iowa 50324. 

Kansas Department of Health and the 

Environment, Bureau of Air, 1000 

SW Jackson Street, Suite 310, 

Topeka, Kansas 66612–1367. 

Missouri Department of Natural 

Resources, Air Pollution Control 

Program, PO Box 176, Jefferson 

City, Missouri 65102–0176. 

Nebraska Department of Environmental 

Quality, Air Quality Division, 1200 

‘‘N’’ Street, Suite 400, P.O. Box 

98922, Lincoln, Nebraska 68509. 

Lincoln-Lancaster County Health 

Department, Division of 

Environmental Public Health, Air 

Quality Section, 3140 ‘‘N’’ Street, 

Lincoln, Nebraska 68510. 

City of Omaha, Public Works 

Department, Air Quality Control 

Division, 5600 South 10th Street, 

Omaha, Nebraska 68107. 

Duplicates of required documents 

must also continue to be submitted to 

the EPA Regional Office at the above 

address. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula Higbee at (913) 551–7028, or by 

email at higbee.paula@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

supplementary information is organized 

in the following order: 

I. What does this action do? 

II. What is the authority for delegation? 

III. What does delegation accomplish? 

IV. What has been delegated? 

V. What has not been delegated? 

List of Delegation Tables 

Table I—NSPS, 40 CFR part 60 

Table II—NESHAP, 40 CFR part 61 

Table III—NESHAP, 40 CFR part 63 

I. What does this action do? 

EPA is providing notice of an update 

to its delegable authority for 

implementation and enforcement of the 

Federal standards shown in the tables 

below to the states of Iowa, Kansas, 

Missouri, and Nebraska. This action 

updates the delegation tables previously 

published at 76 FR 10761 (February 28, 

2011). EPA has established procedures 

by which these agencies are 

automatically delegated the authority to 

implement the standards when they 

adopt regulations which are identical to 

the Federal standards. We then 

periodically provide notice of the new 

and revised standards for which 

delegation has been given. This notice 

does not affect or alter the status of the 

listed standards under state or Federal 

law. 

II. What is the Authority for 

Delegation? 

1. Section 111(c)(1) of the Clean Air 

Act (CAA) authorizes EPA to delegate 


sroberts on DSK5SPTVN1PROD with RULES