64158 Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Rules and Regulations 

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. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997), 

applies to any rule that: (1) Is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

These rules are not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

State rule implementing a Federal 

standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

These rules are not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Congressional Review Act 

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 rule 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). This rule 

will be effective December 17, 2007. 

K. Petitions for Judicial Review 

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 14, 2008. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 11, 2007. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(351) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(351) New and amended regulation 

for the following APCDs were submitted 

on August 24, 2007, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) Imperial County Air Pollution 

Control District. 

(1) Rule 101, Adopted 7/28/81; 

revised 9/14/99; 1/16/2001; 12/11/2001; 

08/13/02; 01/11/2005; 10/10/2006. 

(B) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 101, Adopted 9–1–74; 

Revised 12–21–83; 12–13–84; 11–13–96; 

11–12–98; and 12–15–1999; and 4–16–

03; and 2–21–07. 

* * * * * 

[FR Doc. E7–21811 Filed 11–14–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FRL–8495–1] 

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 Date: November 15, 

2007. 

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 Implementation 

Plan (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. 


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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Rules and Regulations 64159 

Region 1: Connecticut, Maine, 

Massachusetts, New Hampshire, Rhode 

Island, and Vermont. 

Regional Contact: Donald Cooke (617/ 

918–1668), EPA, Office of Ecosystem 

Protection (CAQ), Suite 1100, One 

Congress Street, Boston, MA 02114–

2023. 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, Office 

of Air Programs (3AP20), Air Protection 

Division, 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: Sean Lakeman 

(404/562–9043), EPA, Air Planning 

Branch, 61 Forsyth Street, SW., Atlanta, 

GA 30303. See also: http:// 

www.epa.gov/region4/air/sips/. 

Region 5: Illinois, Indiana, Michigan, 

Minnesota, Ohio, and Wisconsin. 

Regional Contacts: 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 Contact: Bill Deese (214/ 

665–7253), 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: Evelyn 

VanGoethem (913/551–7659), EPA, Air 

and Waste Management Division, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, KS 66101. 

See also: http://www.epa.gov/region07/ 

programs/artd/air/rules/fedapprv.htm. 

Region 8: Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming. 

Regional Contact: Laurie Ostrand 

(303/312–6437), EPA, Air and Radiation 

Program, Office of Partnership and 

Regulatory Assistance, 1595 Wynkoop 

Street, Denver, CO 80202–2466. See 

also: http://www.epa.gov/region8/air/ 

sip.html. 

Region 9: Arizona, California, Hawaii, 

Nevada, American Samoa, and Guam. 

Regional Contacts: Julie Rose (415/ 

947–4126), and Cynthia Allen (415/947–

4120), EPA, Air Division, Rulemaking 

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, 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: 

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 Is Federally-Enforceable? 

I. Availability of SIP Compilations 

This notice identifies the appropriate 

EPA Regional Offices to which you may 

address questions of SIP availability and 

SIP requirements. In response to the 

110(h) requirement following the 1990 

Clean Air Act Amendments, the first 

notice of availability was published in 

the Federal Register on November 1, 

1995 at 60 FR 55459. The second notice 

of availability was published in the 

Federal Register on November 18, 1998 

at 63 FR 63986. The third notice of 

availability was published in the 

Federal Register on November 20, 2001 

at 66 FR 58070. The fourth notice of 

availability was published in the 

Federal Register on December 22, 2004 

at 69 FR 76617. This is the fifth notice 

of availability of the compilations of 

Federally-enforceable State 

Implementation Plans for each state. 

In addition, information on the 

content of EPA-approved SIPs is 

available on the Internet through the 

EPA Regional Web sites. Regional Web 

site addresses for Regional information 

are provided in the regional contacts list 

above. 

II. What Is the Basis for This 

Document? 

Section 110(h)(1) of the Clean Air Act 

mandates that not later than 5 years 

after the date of enactment of the Clean 

Air Act Amendments of 1990, and every 

three years thereafter, the Administrator 

shall assemble and publish a 

comprehensive document for each State 

setting forth all requirements of the 

applicable implementation plan for 

such State and shall publish notice in 

the Federal Register of the availability 

of such documents. 

Section 110(h) recognizes the fluidity 

of a given State SIP. The SIP is a living 

document which can be revised by the 

State with EPA approval as necessary to 

address the unique air pollution 

problems in the State. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations. On May 31, 1972 

(37 FR 10842), EPA approved, with 

certain exceptions, the initial SIPs for 50 

states, four territories and the District of 

Columbia. [Note: EPA approved an 

additional SIP—for the Northern 

Mariana Islands—on November 10, 1986 

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

and territory has submitted numerous 

SIP revisions, either on their own 

initiative, or because they were required 

to as a result of various amendments to 

the Clean Air Act. This notice of 

availability informs the public that the 

SIP compilation has been updated to 

include the most recent requirements 

approved into the SIP. These approved 

requirements are Federally-enforceable. 

III. What Is Being Made Available 

Under This Document? 

The Federally-enforceable SIP is 

indeed a complex document, containing 

both many regulatory requirements and 

non-regulatory items such as plans and 

emission inventories. Regulatory 

requirements include State-adopted 

rules and regulations, source-specific 

requirements reflected in consent 

orders, and in some cases, provisions in 

the enabling statutes. Following the 

1990 Clean Air Act Amendments, the 

first section 110(h) SIP compilation 

availability notice was published on 

November 1, 1995 (61 FR 55459). At 

that time, EPA announced that the SIP 

compilations, comprised of the 

regulatory portion of each State SIP, 

were available at the EPA Regional 

Office serving that particular State. In 

general, the compilations made 

available in 1995 did not include the 

source-specific requirements or other 

documents and materials associated 


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64160 Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Rules and Regulations 

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? 

EPA-approved non-regulatory control 

measures include control strategies 

(such as transportation control 

measures, local ordinances, state 

statutes, and emission inventories, or 

may include regulations provided on 

other sections of the State-specific 

subpart of 40 CFR part 52), which have 

been submitted for inclusion in the SIP 

by the state. These control measures 

must have gone through the state 

rulemaking process and the public given 

an opportunity to participate in the 

rulemaking. EPA also took rulemaking 

action on these control measures and 

those which have been EPA-approved or 

conditionally approved are listed along 

with any limitations on their approval, 

if any. Examples of EPA-approved 

documents and materials associated 

with the SIP include, but are not limited 

to, the following subject matter: 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; 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 National 

Ambient Air Quality Standards 

(NAAQS) for six criteria pollutants, 

which are widespread common 

pollutants known to be harmful to 

human health and welfare. The present 

criteria pollutants are: Carbon 

monoxide, lead, nitrogen dioxide, 

ozone, particulate matter, and sulfur 

oxides. 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 which identifies how 

that State will attain and/or maintain 

the primary and secondary National 

Ambient Air Quality Standards 

(NAAQS) set forth in section 109 of the 

Clean Air Act and 40 Code of Federal 

Regulations 50.4 through 50.12 and 

which includes Federally-enforceable 

requirements. Each State is required to 

have a SIP which contains control 

measures and strategies which 

demonstrate how each area will attain 

and maintain the NAAQS. These plans 

are developed through a public process, 

formally adopted by the State, and 

submitted by the Governor’s designee to 

EPA. The Clean Air Act requires EPA to 

review each plan and any plan revisions 

and to approve the plan or plan 

revisions if consistent with the Clean 

Air Act. 

SIP requirements applicable to all 

areas are provided in section 110. Part 

D of title I 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; that 

are codified in 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. Or if the state has 

undergone the new Incorporation by 

Reference format process (see 62 FR 

27968; May 22, 1997), the identification 

of plan section identifies the Statesubmitted rules and plan elements 

which 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 Federallyenforceable. In addition, some of the SIP 

compilations may include control 

strategies, such as transportation control 

measures, local ordinances, State 

statutes, and emission inventories, or 

may include regulations provided in 

other sections of the State-specific 

subpart of part 52. Some of the SIP 

compilations may not identify these 

other Federally-enforceable elements. 

The contents of a typical SIP fall into 

three categories: (1) State-adopted 

control measures which consists of 

either rules/regulations or 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 Is Federally-Enforceable? 

Enforcement of the state regulation 

before and after it is incorporated into 

the Federally-approved SIP is primarily 

a state responsibility. However, after the 

regulation is Federally approved, EPA is 

authorized to take enforcement action 

against violators. Citizens are also 

offered legal recourse to address 

violations as described in section 304 of 

the Clean Air Act. 

You should note that, when States 

have submitted their most current State 

regulations for inclusion into Federallyenforceable SIPs, EPA will begin its 

review process of submittals as soon as 

possible. Until EPA approves a 

submittal by rulemaking action, Statesubmitted regulations will be Stateenforceable only; therefore, Stateenforceable SIPs may exist which differ 

from Federally-enforceable SIPs. As 

EPA approves these State-submitted 

regulations, the regional offices will 

continue to update the SIP compilations 

to include these applicable 

requirements. 

Dated: November 8, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–22361 Filed 11–14–07; 8:45 am] 

BILLING CODE 6560–50–P 


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