[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Rules and Regulations]
[Pages 7336-7341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02602]


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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.

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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; <a href="/cdn-cgi/l/email-protection#c3b0acb6b7abedaeaaa283a6b3a2eda4acb5"><span class="__cf_email__" data-cfemail="44372b31302c6a292d25042134256a232b32">[email protected]</span></a>.

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:

[[Page 7337]]



----------------------------------------------------------------------------------------------------------------
      Region                States                   Contact             Contact info            Address
----------------------------------------------------------------------------------------------------------------
1................  Connecticut, Maine,       Donald Cooke...........       617-918-1668  EPA, Office of
                    Massachusetts, New                                                    Ecosystem Protection,
                    Hampshire, Rhode                                                      5 Post Office Square--
                    Island, Vermont.                                                      Suite 100, (Mail Code
                                                                                          OEP05-2), Boston, MA
                                                                                          02109-3912.
2................  New Jersey, New York,     Kirk Wieber............       212-637-3381  EPA, Air Programs
                    Puerto Rico, Virgin                                                   Branch, 290 Broadway,
                    Islands.                                                              New York, NY 10007-
                                                                                          1866.
3................  Delaware, District of     Sharon McCauley........       215-814-3376  EPA, Air Protection
                    Columbia, Maryland,                                                   Division (3AP00), 1650
                    Pennsylvania, Virginia,                                               Arch Street,
                    West Virginia.                                                        Philadelphia, PA 19103-
                                                                                          2029.
4................  Alabama, Florida,         Nacosta Ward...........       404-562-9140  EPA, Air Planning
                    Georgia, Kentucky,                                                    Branch, 61 Forsyth
                    Mississippi, North                                                    Street, SW, Atlanta,
                    Carolina, South                                                       GA 30303-3104.
                    Carolina, Tennessee.
5................  Illinois, Indiana,        Christos Panos.........       312-353-8328  EPA, Air and Radiation
                    Michigan, Minnesota,                                                  Division (AR-18J), 77
                    Ohio, Wisconsin.                                                      West Jackson
                                                                                          Boulevard, Chicago, IL
                                                                                          60604-3507.
6................  Arkansas, Louisiana, New  Bill Deese.............       214-665-7253  EPA, Multimedia
                    Mexico, Oklahoma, Texas. Carl Young.............       214-665-6645   Planning and
                                                                                          Permitting Division,
                                                                                          Air Planning Section
                                                                                          (6PD-L), 1445 Ross
                                                                                          Avenue, Suite 700,
                                                                                          Dallas, TX 75202-2733.
7................  Iowa, Kansas, Missouri,   Jan Simpson............       913-551-7089  EPA, Air and Waste
                    Nebraska.                                                             Management Division,
                                                                                          Air Planning and
                                                                                          Development Branch,
                                                                                          11201 Renner Blvd.,
                                                                                          Lenexa, KS 66219.
8................  Colorado, Montana, North  Air Quality Planning          303-312-6936  EPA, Air Program,
                    Dakota, South Dakota,     Unit Chief.                                 Office of Partnership
                    Utah, Wyoming.                                                        and Regulatory
                                                                                          Assistance, 1595
                                                                                          Wynkoop Street,
                                                                                          Denver, CO 80202-1129.
9................  Arizona, California,      Lisa Tharp.............       415-947-4142  EPA, Air Division,
                    Hawaii, Nevada,          Andy Steckel...........       415-947-4115   Rules Office, (AIR-4),
                    American Samoa, Guam.                                                 75 Hawthorne Street,
                                                                                          San Francisco, CA
                                                                                          94105.
10...............  Alaska, Idaho, Oregon,    Claudia Vaupel.........       206-553-6121  EPA, Office of Air
                    Washington.                                                           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

[[Page 7338]]

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.
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    \1\ Memorandum 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.
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    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.
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    \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).
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    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.

[[Page 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 
<a href="/cdn-cgi/l/email-protection#b7dfd2dbc7d3d2c4dcf7d2c7d6d4d3cf99d9d2c3"><span class="__cf_email__" data-cfemail="1b737e776b7f7e68705b7e6b7a787f6335757e6f">[email protected]</span></a>.
    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, low-income 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 non-agency 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

[[Page 7340]]

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

0
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

0
2. Section 51.103 is revised to read as follows:


Sec.  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.

0
3. In Appendix V to part 51:
0
a. Revise paragraphs (a) and (d) in section 2.1.
0
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

[[Page 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

0
4. The authority citation for part 52 continues to read as follows:

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

Subpart A--General Provisions

0
5. Section 52.16 is amended by revising paragraph (a) to read as 
follows:


Sec.  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.
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[FR Doc. 2015-02602 Filed 2-9-15; 8:45 am]
BILLING CODE 6560-50-P


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