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[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Proposed Rules]
[Pages 93243-93245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27262]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[EPA-HQ-OAR-2021-0863; EPA-R03-OAR-2023-0179; FRL-12161-01-OAR]

Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction; Partial Withdrawals of Findings of Failure To Submit State 
Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed action.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially withdraw two final actions finding that 13 States and/or 
local air pollution control agencies failed to submit State 
Implementation Plan (SIP) revisions required by the Clean Air Act (CAA) 
in a timely manner to address the EPA's 2015 findings of substantial 
inadequacy and ``SIP calls'' for provisions applying to excess 
emissions during periods of startup, shutdown, and malfunction (SSM). 
This proposed action would render no longer applicable certain CAA 
deadlines for the EPA to impose sanctions if a State does not submit a 
complete SIP revision addressing the outstanding requirements, and to 
promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA 
is also taking direct final action on this withdrawal. See the direct 
final action published in the Rules and Regulations section of this 
issue of the Federal Register. If we receive no significant adverse 
comment on this proposed action, we will not take further action on 
this proposed action.

DATES: Written comments must be received by December 26, 2024.

ADDRESSES: You may send comments, identified by Docket ID Nos. EPA-HQ-
OAR-2021-0863 and EPA-R03-OAR-2023-0179, by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID Nos. EPA-
HQ-OAR-

[[Page 93244]]

2021-0863 and EPA-R03-OAR-2023-0179.
     Fax: (202) 566-9744.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 
20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m., 
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov, including personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: General questions concerning this 
notice should be addressed to, Sydney Lawrence, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander 
Drive, Research Triangle Park, NC 27711; by telephone (919) 541-4768; 
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How is the preamble organized?

    The information presented in this preamble is organized as follows:

Table of Contents

I. General Information
    A. How is the preamble organized?
    B. How can I get copies of this document and other related 
information?
    C. Where do I go if I have specific air agency questions?
II. Why is the EPA issuing this proposed action?
III. Consequences of Partial Withdrawals of Findings of Failure To 
Submit and Remaining Air Agency Obligations
IV. Statutory and Executive Order Reviews

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-2021-0863 (as it pertains to the January 2022 national 
FFS) and Docket ID No. EPA-R03-OAR-2023-0179 (as it pertains to the 
April 2023 West Virginia FFS). All documents in the docket are listed 
in the https://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information, Proprietary Business Information or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at https://www.regulations.gov or in hard copy at the U.S. 
Environmental Protection Agency, EPA Docket Center, William Jefferson 
Clinton West Building, Room 3334, 1301 Constitution Ave. 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 is (202) 566-1742.

C. Where do I go if I have specific air agency questions?

    For questions related to specific air agencies mentioned in this 
notice, please contact the appropriate EPA Regional office:

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             EPA regional office                      Air agencies
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EPA Region 1: Alison Simcox, Air Quality       Rhode Island.
 Branch, EPA Region 1, 5 Post Office Square,
 Boston, Massachusetts 02109.
 [email protected].
EPA Region 3: Sean Silverman, Planning and     District of Columbia.
 Implementation Branch, EPA Region 3, 1650
 Arch Street, Philadelphia, Pennsylvania
 19103. [email protected].
EPA Region 3: Serena Nichols, Planning and     West Virginia.
 Implementation Bracnh, EPA Region 3, 1650
 Arch Street, Philadelphia, Pennsylvania
 19103. [email protected].
EPA Region 4: Faith Goddard, Air Planning and  Alabama; North Carolina--
 Implementation Branch, EPA Region 4, 61        Forsyth; Tennessee--
 Forsyth Street SW, Atlanta, Georgia 30303.     Shelby (Memphis).
 [email protected].
EPA Region 5: Michael Leslie, Air Planning     Illinois; Ohio.
 and Maintenance Section, EPA Region 5, 77
 West Jackson Boulevard, Chicago, Illinois
 60604. [email protected].
EPA Region 6: Michael Feldman, Air Program     Arkansas.
 Branch, EPA Region 6, 1201 Elm Street,
 Dallas, Texas 75270. [email protected].
EPA Region 8: Adam Clark, Air Quality          South Dakota.
 Planning Branch, EPA Region 8, 1595 Wynkoop
 Street, Denver, Colorado 80202.
 [email protected].
EPA Region 9: Eugene Chen, Control Measures    California--San Joaquin
 Section, Air and Radiation Division, EPA       Valley Air Pollution
 Region 9, 75 Hawthorne Street, San             Control District (APCD).
 Francisco, California 94105.
 [email protected].
EPA Region 10: Randall Ruddick, Air Planning   Washington--Energy
 Section, EPA Region 10, 1200 Sixth Avenue,     Facility Site Evaluation
 Seattle, Washington 98101.                     Council (EFSEC);
 [email protected].                       Washington--Southwest
                                                Clean Air Agency
                                                (SWCAA).
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II. Why is the EPA issuing this proposed rule?

    The EPA is issuing both a proposed action and a direct final action 
to partially withdraw two previously issued Findings of Failure to 
Submit (FFS) to address EPA's 2015 findings of substantial inadequacy 
and ``SIP calls'' (``2015 SSM SIP Call'') \1\ for provisions applying 
to excess emissions during periods of SSM that were statutorily due no 
later than November 22, 2016. The EPA's previously issued FFS 
determinations were impacted by a court decision issued in March 2024 
by the United States Court of Appeals District of Columbia Circuit 
(D.C. Circuit).\2\ The first FFS that is being proposed for partial 
withdrawal is the January 22, 2022 national FFS issued to 12 States and 
local air pollution control agencies to respond to the above-referenced 
SIP call.\3\ The second FFS that is being proposed for partial 
withdrawal is the April 17, 2023 FFS issued to West Virginia for the 
same

[[Page 93245]]

reasons.\4\ In total, the 13 States and/or local air agencies that were 
issued an FFS can be found in Table 1 of Section II of the direct final 
action.
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    \1\ See ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown and Malfunction,'' 80 FR 33840 (June 12, 2015).
    \2\ See Environ. Comm. Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C. 
Cir. 2024).
    \3\ See ``Findings of Failure To Submit State Implementation 
Plan Revisions in Response to the 2015 Findings of Substantial 
Inadequacy and SIP Calls To Amend Provisions Applying To Excess 
Emissions During Periods of Startup, Shutdown, and Malfunction,'' 87 
FR 1680 (January 12, 2022).
    \4\ See ``West Virginia; Finding of Failure To Submit State 
Implementation Plan Revision in Response to the 2015 Findings of 
Substantial Inadequacy and SIP Calls To Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction,'' 88 FR 23353 (April 17, 2023).
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    The EPA is taking direct final action with parallel proposal 
because we view the partial FFS withdrawals as administrative, 
noncontroversial, and anticipate no significant adverse comments. The 
EPA has identified the State and/or local air agency SIP provisions for 
which the partial FFS withdrawals are applicable to and explained our 
reasons for the withdrawal in the direct final action. At the same 
time, the EPA is proposing to make the same partial withdrawals. If no 
significant adverse comments are received on this proposed action, no 
further action will be taken on this proposal, and the direct final 
action will become effective as provided in that action. For further 
supplementary information and the rationale and consequences of this 
proposal, see the direct final action published in the Rules and 
Regulations section of this issue of the Federal Register.

III. Consequences of Withdrawn Portions of Findings of Failure To 
Submit and Remaining Air Agency Obligations

    As further discussed in the direct final action, because certain 
SIP calls were vacated by the D.C. Circuit, the States and/or local air 
agencies with provisions to which those SIP calls previously applied no 
longer have an obligation to submit the revisions that the EPA had 
originally determined pursuant to the 2015 SSM SIP Call. As there is no 
longer a predicate submission obligation for those particular SIP-
called provisions, the EPA's findings that such obligation were not met 
are no longer valid and must be withdrawn. The SIP provisions for which 
the EPA is proposing to withdraw the Agency's FFS can be found in Table 
3 of Section III of the direct final action.
    For those State and/or local jurisdiction SIP provisions listed in 
Table 3 of Section III of the direct final action for which the FFS are 
withdrawn, the CAA deadlines for the EPA to impose sanctions under CAA 
sections 179(a) and (b) and promulgate a FIP under CAA section 110(c) 
are no longer applicable. For those State and/or local jurisdiction SIP 
provisions in which the FFS are not withdrawn and are still applicable, 
the CAA deadlines for the EPA to impose sanctions under CAA sections 
179(a) and (b) and promulgate a FIP under section 110(c) remain in 
effect as previously established.5 6 The States and/or local 
air agencies for which the FFS are not withdrawn and mandatory CAA 
deadlines remain in effect can be found in Table 4 Section IV of the 
direct final action.
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    \5\ See 87 FR 1680, 1682.
    \6\ See 88 FR 88 FR 23353, 23354-23355.
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IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
(E.O.) can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
    For a complete discussion of the administrative requirements 
applicable to this action, see the direct final action published in the 
Rules and Regulations section of this issue of the Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Approval and promulgation of implementation 
plans, Incorporation by reference, Intergovernmental relations, and 
Reporting and recordkeeping requirements.

Joseph Goffman,
Assistant Administrator.
[FR Doc. 2024-27262 Filed 11-25-24; 8:45 am]
BILLING CODE 6560-50-P
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