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Federal Register/Vol. 80, No. 113/Friday, June 12, 2015/Rules and Regulations

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Federal Register/Vol. 80, No. 113/Friday, June 12, 2015/Rules and Regulations 33840 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION that occur during periods of SSM. The information is not publicly available, AGENCY EPA evaluated existing SIP provisions e.g., Confidential Business Information in a number of states for consistency or other information whose disclosure is 40 CFR Part 52 with the EPA’s interpretation of the restricted by statute. Certain other [EPA–HQ–OAR–2012–0322; FRL–9924–05– CAA and in light of recent court material, such as copyrighted material, OAR] decisions addressing this issue. The will be publicly available only in hard EPA is issuing a finding that certain SIP copy. Publicly available docket RIN 2060–AR68 provisions in 36 states (applicable in 45 materials are available either State Implementation Plans: Response statewide and local jurisdictions) are electronically at http:// to Petition for Rulemaking; substantially inadequate to meet CAA www.regulations.gov or in hard copy at Restatement and Update of EPA’s SSM requirements and thus is issuing a ‘‘SIP the U.S. Environmental Protection Policy Applicable to SIPs; Findings of call’’ for each of those 36 states. Further, Agency, EPA Docket Center, William Substantial Inadequacy; and SIP Calls the EPA is establishing a due date for Jefferson Clinton West Building, Room To Amend Provisions Applying to states subject to this SIP call action to 3334, 1301 Constitution Ave. NW., Excess Emissions During Periods of submit corrective SIP revisions. Finally, Washington, DC The Public Reading Startup, Shutdown and Malfunction this final action embodies the EPA’s Room is open from 8:30 a.m. to 4:30 updated SSM Policy as it applies to SIP p.m., Monday through Friday, excluding AGENCY: Environmental Protection provisions. The SSM Policy provides legal holidays. The telephone number Agency (EPA). guidance to states for compliance with for the Public Reading Room is (202) ACTION: Final action. CAA requirements for SIP provisions 566–1744, and the telephone number for applicable to excess emissions during the Office of Air and Radiation Docket SUMMARY: The Environmental Protection SSM events. is (202) 566–1742. Agency (EPA) is taking final action on a petition for rulemaking filed by the DATES: This final action shall become FOR FURTHER INFORMATION CONTACT: Ms. Sierra Club (Petitioner) that concerns applicable on May 22, 2015. The Lisa Sutton, U.S. EPA, Office of Air how provisions in EPA-approved state deadline for each affected state to Quality Planning and Standards, State implementation plans (SIPs) treat excess submit its corrective SIP revision is and Local Programs Group (C539–01), emissions during periods of startup, November 22, 2016. Research Triangle Park, NC 27711, shutdown or malfunction (SSM). ADDRESSES: The EPA has established a telephone number (919) 541–3450, Further, the EPA is clarifying, restating docket for this rulemaking under Docket email address: [email protected]. and revising its guidance concerning its ID No. EPA–HQ–OAR–2012–0322. All SUPPLEMENTARY INFORMATION: For interpretation of the Clean Air Act (CAA documents in the docket are listed in information related to a specific SIP, or Act) requirements with respect to the http://www.regulations.gov index. please contact the appropriate EPA treatment in SIPs of excess emissions Although listed in the index, some Regional Office: EPA Regional Contact for Regional Office Office (person, mailing address, telephone number) State I .......................... Alison Simcox, Environmental Scientist, EPA Region 1, 5 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Post Office Square, Suite 100, Boston, MA 02109–3912, Island and Vermont. (617) 918–1684. II ......................... Karl Mangels, Chief, Air Planning Section, EPA Region 2, New Jersey, New York, Puerto Rico and Virgin Islands. 290 Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–4078. III ........................ Amy Johansen, EPA Region 3, 1650 Arch Street, Philadel- District of Columbia, Delaware, Maryland, Pennsylvania, Vir- phia, PA 19103–2029, (215) 814–2156. ginia and West Virginia. IV ........................ Joel Huey, EPA Region 4, Atlanta Federal Center, 61 Alabama, Florida, Georgia, Kentucky, Mississippi, North Forsyth Street SW., Atlanta, GA 30303–8960, (404) 562– Carolina, South Carolina and Tennessee. 9104. V ......................... Mary Portanova, Air and Radiation Division (AR–18J), EPA Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. Region 5, 77 West Jackson Boulevard, Chicago, IL 60604–3507, (312) 353–5954. VI ........................ Alan Shar (6PD–L), EPA Region 6, Fountain Place 12th Arkansas, Louisiana, New Mexico, Oklahoma and Texas. Floor, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202– 2733, (214) 665–6691. VII ....................... Lachala Kemp, EPA Region 7, Air Planning and Develop- Iowa, Kansas, Missouri and Nebraska. ment Branch, 11201 Renner Boulevard, Lenexa, KS 66219–9601, (913) 551–7214. Alternate contact is Ward Burns, (913) 551–7960. VIII ...................... Adam Clark, Air Quality Planning Unit (8P–AR) Air Program, Colorado, Montana, North Dakota, South Dakota, Utah and EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202– Wyoming. 1129, (303) 312–7104. IX ........................ Andrew Steckel, EPA Region 9, Air Division, 75 Hawthorne Arizona, California, Hawaii, Nevada and the Pacific Islands. Street (AIR–4), San Francisco, CA 94105–3901, (415) 947–4115. X ......................... Dave Bray, Office of Air, Waste and Toxics (AWT–150), EPA Alaska, Idaho, Oregon, and Washington. Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101–3140, (206) 553–4253. VerDate Sep<11>2014 21:14 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 33841 I. General Information inadequate to meet CAA requirements, E. What are potential impacts on affected pursuant to CAA section 110(k)(5), and states and sources? A. Does this action apply to me? thus those states (named in section II.C F. What happens if an affected state fails Entities potentially affected by this of this document) are directly affected to meet the SIP submission deadline? action include states, U.S. territories, G. What is the status of SIP provisions by this rulemaking. For example, where affected by this SIP call action in the local authorities and eligible tribes that a state’s existing SIP includes an interim period starting when the EPA are currently administering, or may in affirmative defense provision that promulgates the final SIP call and ending the future administer, EPA-approved would purport to alter the jurisdiction when the EPA approves the required SIP implementation plans (‘‘air agencies’’).1 of the federal courts to assess monetary revision? The EPA’s action on the petition for penalties for violations of CAA III. Statutory, Regulatory and Policy rulemaking filed by the Sierra Club with requirements, then the EPA is Background the EPA Administrator on June 30, 2011 determining that the SIP provision is IV. Final Action in Response to Request To (the Petition), is potentially of interest to Rescind the EPA Policy Interpreting the substantially inadequate because the CAA To Allow Affirmative Defense all such entities because the EPA is provision is inconsistent with Provisions addressing issues related to basic CAA fundamental requirements of the CAA. A. What the Petitioner Requested requirements for SIPs. The particular This action may also be of interest to the B. What the EPA Proposed issues addressed in this rulemaking are public and to owners and operators of C. What Is Being Finalized in This Action the same issues that the Petition industrial facilities that are subject to D. Response to Comments Concerning identified, which relate specifically to emission limitations in SIPs, because it Affirmative Defense Provisions in SIPs section 110 of the CAA. Pursuant to will require changes to certain state V. Generally Applicable Aspects of the Final section 110, through what is generally Action in Response to Request for the rules applicable to excess emissions EPA’s Review of Specific Existing SIP referred to as the ‘‘SIP program,’’ the during SSM events. This action Provisions for Consistency With CAA states and the EPA together provide for embodies the EPA’s updated SSM Requirements implementation, maintenance and Policy concerning CAA requirements for A. What the Petitioner Requested enforcement of the national ambient air SIP provisions relevant to excess B. What the EPA Proposed quality standards (NAAQS). While emissions during SSM events. C. What Is Being Finalized in This Action recognizing similarity to (and in some D. Response to Comments Concerning the instances overlap with) issues B. Where can I get a copy of this CAA Requirements for SIP Provisions concerning other air programs, e.g., document and other related Applicable to SSM Events concerning SSM provisions in the EPA’s information? VI. Final Action in Response to Request That the EPA Limit SIP Approval to the Text regulatory programs for New Source In addition to being available in the of State Regulations and Not Rely Upon Performance Standards (NSPS) pursuant docket, an electronic copy of this Additional Interpretive Letters From the to section 111 and National Emission document will also be available on the State Standards for Hazardous Air Pollutants World Wide Web. Following
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