11128 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, or remain within 

the regulated area may contact the 

Captain of the Port Charleston by 

telephone at 843–740–7050, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

or remain within the regulated area is 

granted by the Captain of the Port 

Charleston or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced from 7:30 a.m. until 10:30 

a.m. on March 28, 2015. 

Dated: February 17, 2015. 

B.D. Falk, 

Commander, U.S. Coast Guard, Alternate 

Captain of the Port Charleston. 

[FR Doc. 2015–04286 Filed 2–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0152] 

RIN 1625–AA00, 1625–AA87 

Safety and Security Zones, 

Jacksonville Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has modified 

several aspects of the safety and security 

zones within the Sector Jacksonville 

Captain of the Port Zone. This action 

was necessary to consolidate, clarify, 

and otherwise modify safety and 

security zone regulations to eliminate 

unnecessary regulations and better meet 

the safety and security needs of the 

Ports of Jacksonville, Fernandina, and 

Canaveral. This action modifies existing 

safety and security zones; establishes 

safety zones governing port regulation 

in the event of natural and other 

disasters; and removes unnecessary or 

superfluous safety and security zones. 

DATES: This rule is effective April 1, 

2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0152. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Allan Storm, Sector 

Jacksonville Office of Waterways 

Management, U.S. Coast Guard; 

telephone (904) 564–7563, email 

Allan.H.Storm@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

COTP Captain of the Port 

GRT Gross Register Ton 

A. Regulatory History and Information 

On June 17, 2014, we published a 

Notice of Proposed Rulemaking (NPRM) 

entitled Safety and Security Zones: 

Jacksonville Captain of the Port Zone in 

the Federal Register (79 FR 34674). 

In 1994, the USCG published a safety 

zone around firework barges between 

the Hart and Acosta Bridges within the 

Port of Jacksonville. As of 2008, there 

are 22 special local regulations listed 

under 33 CFR 100.701 which establish 

a 500 yard regulated area around 

various barges for firework display 

events. This regulation revises the 

current regulations to add safety zone 

regulations during natural and other 

disasters. It also implements safety 

zones for all fire work displays in the 

Jacksonville Captain of the Port Zone. 

B. Basis and Purpose 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and limited 

access areas: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 

160.5; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of these regulations is to 

ensure the safety of life on navigable 

waters of the United States through the 

addition of regulations applicable 

during disasters and firework displays 

within the Jacksonville Captain of the 

Port Zone. 

C. Discussion of Comments, Changes 

and the Final Rule 

Public meetings were held on June 23, 

2014 in Jacksonville and June 25, 2014 

in Port Canaveral. No comments were 

received during the meetings or the 

NPRM comment period. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. This regulation is not a 

significant regulatory action because 

most of the regulations already exist in 

some form such as special local 

regulations for firework displays. The 

regulations that are being added are not 

expected to have a significant regulatory 

action due to the infrequency of use for 

the safety zones around firework barges. 

The removal of the safety and security 

zone for Blount Island would have no 

effect as the Restricted Area set in place 

by the Army Corps of Engineers will 

remain in effect. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11129 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received zero 

comments from the Small Business 

Administration on this rule. The Coast 

Guard certifies under 5 U.S.C. 605(b) 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

For the reasons discussed in the 

Regulatory Planning and Review section 

above, this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

disestablishing of a safety and security 

zone, addition of port regulations that 

would be otherwise published as a 

Temporary Final Rule, and addition of 

safety zones to include all firework 

barge displays within the Jacksonville 

Captain of the Port Zone. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 165.720 to read as follows: 


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11130 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

§ 165.720 Safety Zone; Natural and Other 

Disasters in Ports of Jacksonville, 

Fernandina, and Canaveral, Florida. 

(a) Regulated Areas. The following 

areas are established as safety zones 

during the specified conditions: 

(1) Fernandina, FL. All waters within 

the Cumberland Sound and Amelia 

River encompassed within the following 

locations: starting at the demarcation 

line drawn across the seaward extremity 

of the St. Marys River Entrance Jetties; 

thence following the shoreline north to 

Stafford Island; thence north to Point 1 

in position 30°50’00′′ N., 81°29′10′′ W.; 

thence west to Point 2 in position 

30°50′00′′ N., 81°30′47′′ W.; thence 

southwest to Kings Bay in position 

30°48′42′′ N., 81°31′27′′ W.; thence south 

following the shoreline south to point 3 

in position 30°40′30′′ N., 81°28′38′′ W.; 

thence southwest to R ‘‘18’’ at Point 4 

30°39′57′′ N., 81°29′04′′ W.; thence 

southeast to Point 5 30°39′48′′ N., 

81°28′57′′ W.; thence following the 

shoreline northeast back to origin. 

(2) Jacksonville, FL. All waters within 

the Port of Jacksonville, FL 

encompassed within the following 

locations: starting at the demarcation 

line drawn across the seaward extremity 

of the St. Johns River Entrance Jetties, 

thence following the northern riverbank 

west to the Sister’s Creek Bridge, thence 

following the riverbank west to the 

Interstate 95 Trout River Bridge, thence 

following the riverbank south to the 

Henry H. Buckman Bridge, thence 

following the eastern riverbank back to 

origin. 

(3) Canaveral, FL. All waters within 

the Canaveral Barge Canal in Port 

Canaveral, FL encompassed within the 

following locations: starting at the 

demarcation line drawn across the 

seaward extremity of the Port Canaveral 

Entrance Channel Jetties, thence 

following the northern shoreline west to 

the SR401 Bridge, thence following the 

southern shoreline back to origin. 

(4) All coordinates are North 

American Datum 1983. 

(b) Definition. (1) The term 

‘‘designated representative’’ means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 

and local officers designated by or 

assisting the Captain of the Port 

Jacksonville in the enforcement of the 

regulated area. 

(2) Hurricane Port Condition 

YANKEE. Set when weather advisories 

indicate that sustained Gale Force 

winds from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 24 hours. 

(3) Hurricane Port Condition ZULU. 

Set when weather advisories indicate 

that sustained Gale Force winds from a 

Tropical or hurricane force storm are 

predicted to make landfall at the port 

within 12 hours. 

(c) Regulations. (1) Hurricane Port 

Condition YANKEE. All commercial, 

oceangoing vessels and barges over 500 

GRT as measured under Title 46 United 

States Code Section 14502 or an 

alternate tonnage established as 6,000 

gross tonnage as measured under 46 

U.S.C. 14302 (GT ITC) are prohibited 

from entering in any of the regulated 

areas designated as being in Port 

Condition YANKEE within the COTP 

Zone Jacksonville. Oceangoing 

commercial vessel traffic outbound will 

be authorized to transit through the 

regulated areas until Port Condition 

ZULU. Additionally, in the Port of 

Canaveral, no vessel, regardless of size 

or service, will be allowed to transit 

through the Port Canaveral Barge Canal 

upon the setting of Port Condition 

YANKEE. 

(2) Hurricane Port Condition ZULU. 

All commercial, oceangoing vessels and 

barges over 500 GRT as measured under 

Title 46 United States Code Section 

14502 or an alternate tonnage 

established as 6,000 gross tonnage as 

measured under 46 U.S.C. 14302 (GT 

ITC) are prohibited from transiting or 

remaining in any of the regulated areas 

designated as being in Port Condition 

ZULU within COTP Zone Jacksonville. 

All ship-to-shore cargo operations must 

cease 6 hours prior to setting Port 

Condition Zulu. 

(3) Emergency Regulation for Other 

Disasters. Any natural or other disasters 

that are to affect the Jacksonville COTP 

Zone will result in the prohibition of 

commercial vessel traffic over 500 GRT 

as measured under Title 46 United 

States Code Section 14502 or an 

alternate tonnage established as 6,000 

gross tonnage as measured under 46 

U.S.C. 14302 (GT ITC) transiting or 

remaining in any of the regulated areas 

predicted to be effected as designated by 

the COTP Jacksonville. 

(4) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain in the regulated area may 

contact the Captain of the Port 

Jacksonville via telephone at (904) 564– 

7513, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain in 

the regulated area is granted by the 

Captain of the Port Jacksonville or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Jacksonville or 

a designated representative. 

(5) Coast Guard Sector Jacksonville 

will attempt to notify the maritime 

community of periods during which 

these safety zones will be in effect via 

Broadcast Notice to Mariners or by onscene designated representatives. 

■ 3. Add § 165.723 to read as follows: 

§ 165.723 Safety Zone; Firework Displays 

in Captain of the Port Zone Jacksonville, 

Florida. 

(a) Regulated Area. The following area 

is established as a safety zone during the 

specified conditions: All waters within 

the Jacksonville COTP Zone within a 

500 yard radius of a firework barge or 

barges during the storage, preparation, 

and launching of fireworks. 

(1) The Coast Guard realizes that some 

large scale events, such as those with 

many participants or spectators, or those 

that could severely restrict navigation or 

pose a significant hazard, may still 

require separate special local 

regulations or safety zones that address 

the specific peculiarities of the event. In 

those situations, the Coast Guard will 

create special local regulations or safety 

zones specifically for the event, and 

those regulations will supersede the 

regulations in this rule. 

(2) All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Jacksonville in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain in the regulated area may 

contact the Captain of the Port 

Jacksonville via telephone at (904) 564– 

7513, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain in 

the regulated area is granted by the 

Captain of the Port Jacksonville or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Jacksonville or 

a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area via 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11131 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to other provisions of the CAA for 

submission of SIP revisions specifically applicable 

for attainment planning purposes. These 

requirements are: (1) Submissions required by 

section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D 

Title I of the CAA; and (2) submissions required by 

section 110(a)(2)(I) which pertain to the 

nonattainment planning requirements of part D, 

Title I of the CAA. Today’s proposed rulemaking 

does not address infrastructure elements related to 

section 110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

Broadcast Notice to Mariners or by onscene designated representatives. 

(4) This regulation does not apply to 

authorized law enforcement agencies 

operating within the regulated area. 

Dated: February 19, 2015. 

T.G. Allan, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port Jacksonville. 

[FR Doc. 2015–04280 Filed 2–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0698; FRL–9923–55– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve in part and disapprove in part, 

the May 29, 2012, and July 26, 2012, 

State Implementation Plan (SIP) 

submissions, provided by the 

Mississippi Department of 

Environmental Quality (MDEQ) for 

inclusion into the Mississippi SIP. This 

final rulemaking pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. MDEQ certified 

that the Mississippi SIP contains 

provisions that ensure the 2008 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in Mississippi 

(hereafter referred to as an 

‘‘infrastructure SIP submission’’). With 

the exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting, interstate transport, 

visibility protection requirements and 

the state board majority requirements 

respecting significant portion of income, 

EPA is taking final action to approve 

Mississippi’s infrastructure SIP 

submissions, provided to EPA on May 

29, 2012, and July 26, 2012. EPA is 

taking final action to disapprove 

Mississippi’s May 29, 2012, and July 26, 

2012, SIP submissions with regards to 

the state board majority requirements 

respecting significant portion of income. 

EPA will consider action with regards to 

the infrastructure elements related to 

PSD permitting, visibility and interstate 

transport in a separate action. 

DATES: This rule will be effective April 

1, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0698. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order to provide for the implementation, 

maintenance, and enforcement of a new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS, or within such shorter period 

as EPA may prescribe. These SIP 

submissions are commonly referred to 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

8-hour ozone NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for infrastructure SIP requirements 

related to a newly established or revised 

NAAQS. As mentioned above, these 

requirements include basic structural 

SIP elements such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

requirements of section 110(a)(2) are 

summarized below and in EPA’s 

September 13, 2013, memorandum 

entitled ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and 110(a)(2).’’ 1

• 110(a)(2)(A): Emission Limits and 

Other Control Measures 

• 110(a)(2)(B): Ambient Air Quality 

Monitoring/Data System 

• 110(a)(2)(C): Programs for 

Enforcement of Control Measures and 


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